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Filing # 115976381 E-Filed 11/02/2020 12:17:50 PM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
ELIZABETH L. BALZARANO, Individually,
and as Personal Representative of the
ESTATE OF MICHELLE L. BALZARANO,
Plaintiffs,
VE
LIFELINE RECOVERY, LLC d/b/a
LIFELINE RECOVERY SUPPORT
SERVICES, a Foreign Corporation; JOHN
BROGAN; LIFE CHANGES ADDICTION
TREATMENT CENTER OF THE PALM
BEACHES; WARBIRD PROPERTIES, LLC,
d/b/a CAMERON VILLA, LLC, a Florida
Corporation; EMILIO DUBOY, M.D.:; and,
JANINE BEATTIE, ARNP ,
CASE NO.: 50-2018-CA-15763-XXXX-MB
Defendants.
/
DEFENDANT, EMILIO DUBOY, M.D.’S, OBJECTIONS AND RESPONSES TO
PLAINTIFF’S REQUEST FOR PRODUCTION
Defendant, EMILIO DUBOY, M.D. (hereinafter referred to as “Dr. Duboy” and/or
“Defendant”), pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby serves his
Objections and Responses to Plaintiff's Request for Production, dated September 3, 2020, as
follows:
PRELIMINARY STATEMENT
1. The following responses are based upon information presently available to
DEFENDANT, which it believes to be correct. These responses are made without prejudice to
DEFENDANT’S right to utilize subsequently discovered facts.
2. No incidental or implied admissions of fact by DEFENDANT is made by the responses
below. The only admissions are express admissions. The fact that DEFENDANT has produced
any documents requested herein may not be taken as an admission that it accepts or admits the
existence of any fact set forth or assumed by such request, or that such response constitutes
admissible evidence. The fact that DEFENDANT has responded to part or all of any request for
771 6585v.1
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 11/02/2020 12:17:50 PM ***CASE NO.: 50-2018-CA-15763-XXXX-MB
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production is not intended to, and shall not be construed to, be a waiver of all or any part of any
objection to any request for production made by DEFENDANT.
3. This Preliminary Statement is incorporated into each of the responses set forth below.
GENERAL OBJECTIONS AND DEFINITIONS
1. EMILIO DUBOY, M_D. is at all times referred to herein as the “DEFENDANT.”
2. DEFENDANT objects to removal of any documents from its custody or the custody of
its attorneys, but will cooperate to permit copying at Plaintiffs expense of any documents
designated for production.
3. DEFENDANT objects to Plaintiff's requests to the extent that they call for production
of documents not in the custody or possession of DEFENDANT and to the extent that they seek
the production of documents, which are as available to, or more available to Plaintiff than to
DEFENDANT.
4. DEFENDANT objects to Plaintiff's requests to the extent that they attempt to impose
any obligations or burdens upon DEFENDANT in excess of those stated in the Florida Rules of
Civil Procedure.
5. DEFENDANT objects to Plaintiff’s requests to the extent that they may seek any
information and/or documents, including witness statements, that were prepared in anticipation of
litigation or for trial by or for DEFENDANT or its representatives, on the grounds that any such
information or documents are privileged from discovery under Rule 1.280(b)(3), F/orida Rules of
Civil Procedure, absent the requisite showings of “substantial need” and “undue hardship” by
Plaintiff.
6. DEFENDANT objects to Plaintiff's requests to the extent they may seek documents
that contain or involve attorney-client communications or attorney work-product, on the ground
that such information and documents are privileged from discovery.
7. DEFENDANT objects to Plaintiff's requests to the extent they may seek the disclosure
of mental impressions, conclusions, opinions or legal theories of DEFENDANT or its counsel
subject to the work-product rule.
8. DEFENDANT objects to Plaintiff's requests to the extent that they seek proprietary or
confidential business information or information not discoverable under the F/orida Rules of Civil
Procedure.
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RESPONSES
1. All medical records, correspondence, complete charts, lists of medications, and any
other tangible data which pertains or relates in any way to the care and treatment rendered to
Michelle Balzarano.
RESPONSE: Objection, this Request is overly broad with regard to “any other
tangible data which pertains or relates in any way”; unduly burdensome; seeks items
protected by the attorney-client privilege and/or work-product doctrine; and is not
reasonably calculated to lead to the discovery of admissible evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
2. All documents and materials in Defendant’s possession that pertain to Michelle
Balzarano other than those produced in response to request (1), above. If you do not produce
documents responsive to this request because you contend, they are privileged, please produce a
privilege log describing each such document.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
“other than those produced in response to request (1) , above”; overly broad with
regard to “all documents and materials”; unduly burdensome; seeks items protected
by the attorney-client privilege and/or work-product doctrine; and is not reasonably
calculated to lead to the discovery of admissible evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
3. All email correspondence related in any fashion to Michelle Balzarano. If you do
not produce documents responsive to this request because you contend, they are privileged, please
produce a privilege log describing each such document.
RESPONSE: Objection, this Request is vague and/or ambiguous, overly broad
unduly burdensome with regard to “all email correspondence related in any
fashion...”; seeks items protected by the attorney-client privilege and/or work-
product doctrine; and is not reasonably calculated to lead to the discovery of
admissible evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
4. All internal email correspondence regarding the closing and/or shutting down of
Life Changes facility. If you do not produce documents responsive to this request because you
contend, they are privileged, please produce a privilege log describing each such document.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
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“internal email correspondence”; overly broad and unduly burdensome with regard
to “regarding the closing and/or shutting down of Life Changes facility”; seeks items
protected by the attorney-client privilege and/or work-product doctrine; and is not
reasonably calculated to lead to the discovery of admissible evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
5. Copies of all contracts and agreements between Life Changes and Dr. Emilio
Duboy, M.D.
RESPONSE: Objection, this Request is vague and/or ambiguous, overly broad, and
unduly burdensome with regard to “agreements”; and seeks items that are
proprietary in nature and protected by the trade secret privilege, attorney-client
privilege, and/or work-product doctrine.
Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have
possession, custody, or control of documents responsive to this Request.
6. Copies of all contracts and agreements between Life Changes and any other entity
for the care and treatment provided to Michelle Balzarano.
RESPONSE: Objection, this Request is vague and/or ambiguous, overly broad, and
unduly burdensome with regard to “agreements”; seeks items that are proprietary in
nature and protected by the trade secret privilege, attorney-client privilege, and/or
work-product doctrine; and is not reasonably calculated to lead to the discovery of
admissible evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
7. All bills, invoices, insurance forms, government documents and any other tangible
items in the possession of the Defendant which pertain, in any way, to the care of Michelle
Balzarano, excepting those medical records of Michelle Balzarano in response to request number
(1) and (2), above. This request is intended to include but is not limited to all data and records
relating to bills, statements and medical charges rendered or submitted to any source arising out of
the Defendant’s care and treatment of Michelle Balzarano.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
“government documents and any other tangible items”; overly broad with regard to
“any other tangible items... which pertain in any way”; unduly burdensome; seeks
items protected by the attorney-client privilege and/or work-product doctrine; and is
not reasonably calculated to lead to the discovery of admissible evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
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8. All manuals, policies, procedures, guidelines, rules and regulations addressing,
concerning and pertaining to patient/client discharge.
RESPONSE: Objection, this Request is overly broad with regard to “addressing,
concerning and pertaining”; unduly burdensome; seeks information that is
proprietary, confidential, and/or trade secret, and/or is protected by the attorney-
client privilege and/or work-product doctrine; and is not reasonably calculated to
lead to the discovery of admissible evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
9. All manuals, policies, procedures, guidelines, rules and regulations addressing,
concerning and pertaining to linking patients/clients with qualified physicians post-discharge.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
“linking”; overly broad with regard to “addressing, concerning and pertaining”;
unduly burdensome; seeks information that is proprietary, confidential, and/or trade
secret, and/or is protected by the attorney-client privilege and/or work-product
doctrine; and is not reasonably calculated to lead to the discovery of admissible
evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
10. All manuals, policies, procedures, guidelines, rules and regulations addressing,
concerning and pertaining to post-discharge medication management.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
“post-discharge medication management”; overly broad with regard to “addressing,
concerning and pertaining”; unduly burdensome; seeks information that is
proprietary, confidential, and/or trade secret, and/or is protected by the attorney-
client privilege and/or work-product doctrine; and is not reasonably calculated to
lead to the discovery of admissible evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
11. The index of all policies, procedures, guidelines, rules and regulations at
Defendant’s facility.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
“Defendant’s facility”; overly broad and unduly burdensome with regard to “all
policies...”; seeks information that is proprietary, confidential, and/or trade secret,
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and/or is protected by the attorney-client privilege and/or work-product doctrine;
and is not reasonably calculated to lead to the discovery of admissible evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
12. All documents or electronic information that reflects internal communications
between health care providers at Defendant’s facility regarding the care and treatment rendered to
Michelle Balzarano, including her discharge and any post-discharge interactions.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
“Defendant’s facility” and “care and treatment rendered”; overly broad; unduly
burdensome; and is not reasonably calculated to lead to the discovery of admissible
evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
13. All documents or electronic information that reflects communications between
health care providers at Defendant’s facility and any other individual or entity regarding the care
and treatment rendered to Michelle Balzarano, including her discharge and any post-discharge
interactions.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
“Defendant’s facility” and “that you prepared”; seeks items protected by the
attorney-client privilege and/or work-product doctrine; and is not reasonably
calculated to lead to the discovery of admissible evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
14. The complete personnel file of any physician, including any resident physician,
nurse, or other medical personnel who attended, examined, consulted, interpreted, treated, or
played any role whatsoever in the care and treatment of Michelle Balzarano, including but not
limited to Emilio Duboy, M.D. and Janine Beattie, ARNP. The personnel files produced shall
include but are not limited to the following documentation:
(a) The employment application;
(b) All contracts or agreements with Defendant HOSPITAL relating to patient care
in effect on the date of services identified above;
(c) Photocopy of his or her identification badge;
(d) Letters of recommendation or other correspondence relating or pertaining in
any way to the physician; and
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(e) Documents reflecting the scope of privileges of the physicians.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
whose personnel file is sought; seeks items protected by the attorney-client privilege
and/or work-product doctrine; and is not reasonably calculated to lead to the
discovery of admissible evidence under Section 90.407, Florida Statutes, because it
pertains to subsequent remedial measures.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
15. [Improperly numbered as a second No. 13 in Plaintiff's Request] All documents
reflecting the training and education provided by Defendant to physicians, nurses and other
hospital personnel regarding the care and treatment of patients suffering from stroke or suspected
stroke.
PONSE: Objection, this Request is vague and/or ambiguous with regard to
ided by Defendant to ... and other hospital personnel” and “patients suffering
from stroke or suspected stroke”; overly broad and unduly burdensome because it is
not limited in scope; and is not reasonably calculated to lead to the discovery of
admissible evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
16. [Improperly numbered as a second No. 14 in Plaintiff's Request] All documents
reflecting the name and type of the software and computer system utilized by Defendant for entry
of patient data in the care and treatment of Michelle Balzarano.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “by
Defendant” and is not reasonably calculated to lead to the discovery of admissible
evidence.
Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not
have possession, custody, or control of documents responsive to this Request.
17. [Improperly numbered as a second No. 15 in Plaintiff's Request] Please produce
all records made or received in the course of business by Defendant, pertaining to adverse medical
incidents arising out of the care and treatment of patients in the thirty-six (36) months prior to and
including July 2019. For purposes of this request the identity of patients involved in the incidents
shall not be disclosed and the names of the patients should be redacted from the records produced.
The definition of “adverse medical incident” as used in this request is the same as that contained
in Article X, Section 25(c)(3) of the Florida Constitution, i.e., medical negligence, intentional
misconduct, and any other act, neglect, or default of a health care facility or health care provider
that caused or could have caused injury to or death of a patient, including, but not limited to, those
771 6585v.1CASE NO.: 50-2018-CA-15763-XXXX-MB
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incidents that are required by state or federal law to be reported to any governmental agency or
body, and incidents that are reported to or reviewed by any health care facility peer review, risk
management, quality assurance, credentials, or similar committee, or any representative of any
such committees.
RESPONSE: Objection, this Interrogatory is vague and/or ambiguous with regard
to “in the course of business by Defendant” and the application of Charles v. S. Baptist
Hosp. of Fla., Inc., 209 So. 3d 1199 (Fla. 2017), and Amendment 7, codified as Article
X, Section 25, of the Florida Constitution, because it is not alleged in the operative
Complaint that Dr. Duboy was a “health care provider” as used therein; and not
reasonably calculated to lead to the discovery of admissible evidence pursuant to
§395.0197(4), Florida Statutes.
Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have
possession, custody, or control of documents responsive to this Request.
18. [Improperly numbered as No. 16 in Plaintiff's Request] Updated professional CV
of Emilio Duboy, M.D.
RESPONSE: Please see attached curriculum vitae of Dr. Duboy.
19. [Improperly numbered as No. 17 in Plaintiff's Request] A copy of Emilio Duboy
M.D.’s schedule/appointment book for April, May, and June of 2017. This request should include
a copy of the entire schedule/appointments for the date indicated. You may delete the names of
any other patients reflected on the schedule, but please do not delete any other information,
specifically, the dates and times of each appointment and the services rendered.
RESPONSE: Objection, this Request is overly broad, unduly burdensome, and is not
reasonably calculated to lead to the discovery of admissible evidence.
Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have
possession, custody, or control of documents responsive to this Request.
20. [Improperly numbered as No. 18 in Plaintiff's Request] Copies of any and all
invoices, bills, statements submitted, and payments received, for services rendered to Michelle
Balzarano.
RESPONSE: Dr. Duboy does not have possession, custody, or control of documents
responsive to this Request.
21. — [Improperly numbered as No. 19 in Plaintiff's Request] A copy of the entire
Medical Staff By-laws and Table of Contents for same that were in effect at the time of the subject
treatment.
RESPONSE: Dr. Duboy does not have possession, custody, or control of documents
responsive to this Request.
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22. [Improperly numbered as No. 20 in Plaintiff's Request] A copy of the medical
record charting requirements applicable to physicians or nurses practicing at Defendant’s facility
that were in effect in April 2017.
RESPONSE:
Objection, this Request is vague and/or ambiguous with regard to “at Defendant’s
facility” and not reasonably calculated to lead to the discovery of admissible evidence.
Dr. Duboy does not have possession, custody, or control of documents responsive to
this Request.
23. [Improperly numbered as No. 21 in Plaintiff's Request/Copies of any telephone
call logs depicting calls made to Defendant regarding Michelle Balzarano for April, May, and June
of 2017.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
“made to Defendant”; overly broad; unduly burdensome; and is not reasonably
calculated to lead to the discovery of admissible evidence.
Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have
possession, custody, or control of documents responsive to this Request.
24. — [Improperly numbered as No. 22 in Plaintiff's Request]Any and all
communications with John Brogan.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
“communications”; overly broad and unduly burdensome because it is not limited in
time and/or scope; and is not reasonably calculated to lead to the discovery of
admissible evidence.
Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have
possession, custody, or control of documents responsive to this Request.
25. [Improperly numbered as No. 23 in Plaintiff's’ Request] Any and all
communications with Lifeline Recovery Support Services, and any of its agents, employees, or
representatives.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
“communications”; overly broad and unduly burdensome because it is not limited in
time and/or scope; and is not reasonably calculated to lead to the discovery of
admissible evidence.
Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have
possession, custody, or control of documents responsive to this Request.
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26. [Improperly numbered as No. 24 in Plaintiff's Request] Any and all
communications with Cameron Villa, LLC, and any of its agents, employees, or representatives.
RESPONSE: Objection, this Request is vague and/or ambiguous with regard to
“communications”; overly broad and unduly burdensome because it is not limited in
time and/or scope; and is not reasonably calculated to lead to the discovery of
admissible evidence.
Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have
possession, custody, or control of documents responsive to this Request.
27. [Improperly numbered as No. 25 in Plaintiff's Request] All documents and records
regarding the closing of Life Change’s facility.
RESPONSE: Objection, this Request is overly broad; unduly burdensome; and is not
reasonably calculated to lead to the discovery of admissible evidence.
Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have
possession, custody, or control of documents responsive to this Request.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that the foregoing was filed with the Clerk of Court via the
Florida Courts E-Filing Portal and a true and correct copy was served via email on
November 2, 2020 upon Jonathan M. Midwall, Esquire and Alyssa Tornberg, Esquire,
Cole Scott & Kissane, P.A., 110 Tower, 110 S.E. 6th Street, Suite 2700, Ft. Lauderdale, Florida
33301 Jonathan.Midwall@csklegal.com, Alyssa.Tornberg@csklegal.com (Attorney for
Defendant Life Changes Addition Treatment Center of the Palm Beaches, Jeanine Beattie, ARNP),;
Thomas Scolaro, Esquire and Thomas D. Graham, Esquire, LEESFIELD SCOLARO, P.A.,
2350 South Dixie Highway, Miami, Florida 33133, scolaro@leesfield.com;
graham@leesfield.com (Attorney for Plaintiff), William McCaughan, Esquire, Farrell Patel
Jomarron & Lopez, 4300 Biscayne Blvd Suite 305, Miami, FL 33137,
winccaughan@justice360.com, eservice@justice360.com, (Attorney for John Brogan and Lifeline
771 6585v.1CASE NO.: 50-2018-CA-15763-XXXX-MB
Page 11 of 11
Recovery, LLC), Nicole Sauvola, Esquire, Nicole Sauvola, P.A, 13889 Deer Creek Dr, Palm
Beach Gardens, FL, colelaw36@gmail.com, (Attorney for Defendant Warbird Properties LLC
d/b/a Cameron Villa).
771 6585v.1
/s/ Molly J. Durso
NOELLE K. SHEEHAN, ESQUIRE
Florida Bar No.: 0084677
MOLLY J. DURSO, ESQUIRE
Florida Bar No.: 0091029
Wilson Elser Moskowitz Edelman & Dicker, LLP
111 N. Orange Ave., Suite 1200
Orlando, FL 32801
Phone: (407) 203-7599
Fax: (407) 648-1376
ilsonelser.com
Alejandra.Boscan@wilsonelser.com
Counsel for Defendant Emilio Duboy
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Filing # 115976381 E-Filed 11/02/2020 12:17:50 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ELIZABETH L. BALZARANO, Individually, and as Personal Representative of the ESTATE OF MICHELLE L. BALZARANO, Plaintiffs, VE LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY SUPPORT SERVICES, a Foreign Corporation; JOHN BROGAN; LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES; WARBIRD PROPERTIES, LLC, d/b/a CAMERON VILLA, LLC, a Florida Corporation; EMILIO DUBOY, M.D.:; and, JANINE BEATTIE, ARNP , CASE NO.: 50-2018-CA-15763-XXXX-MB Defendants. / DEFENDANT, EMILIO DUBOY, M.D.’S, OBJECTIONS AND RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION Defendant, EMILIO DUBOY, M.D. (hereinafter referred to as “Dr. Duboy” and/or “Defendant”), pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby serves his Objections and Responses to Plaintiff's Request for Production, dated September 3, 2020, as follows: PRELIMINARY STATEMENT 1. The following responses are based upon information presently available to DEFENDANT, which it believes to be correct. These responses are made without prejudice to DEFENDANT’S right to utilize subsequently discovered facts. 2. No incidental or implied admissions of fact by DEFENDANT is made by the responses below. The only admissions are express admissions. The fact that DEFENDANT has produced any documents requested herein may not be taken as an admission that it accepts or admits the existence of any fact set forth or assumed by such request, or that such response constitutes admissible evidence. The fact that DEFENDANT has responded to part or all of any request for 771 6585v.1 *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 11/02/2020 12:17:50 PM ***CASE NO.: 50-2018-CA-15763-XXXX-MB Page 2 of 11 production is not intended to, and shall not be construed to, be a waiver of all or any part of any objection to any request for production made by DEFENDANT. 3. This Preliminary Statement is incorporated into each of the responses set forth below. GENERAL OBJECTIONS AND DEFINITIONS 1. EMILIO DUBOY, M_D. is at all times referred to herein as the “DEFENDANT.” 2. DEFENDANT objects to removal of any documents from its custody or the custody of its attorneys, but will cooperate to permit copying at Plaintiffs expense of any documents designated for production. 3. DEFENDANT objects to Plaintiff's requests to the extent that they call for production of documents not in the custody or possession of DEFENDANT and to the extent that they seek the production of documents, which are as available to, or more available to Plaintiff than to DEFENDANT. 4. DEFENDANT objects to Plaintiff's requests to the extent that they attempt to impose any obligations or burdens upon DEFENDANT in excess of those stated in the Florida Rules of Civil Procedure. 5. DEFENDANT objects to Plaintiff’s requests to the extent that they may seek any information and/or documents, including witness statements, that were prepared in anticipation of litigation or for trial by or for DEFENDANT or its representatives, on the grounds that any such information or documents are privileged from discovery under Rule 1.280(b)(3), F/orida Rules of Civil Procedure, absent the requisite showings of “substantial need” and “undue hardship” by Plaintiff. 6. DEFENDANT objects to Plaintiff's requests to the extent they may seek documents that contain or involve attorney-client communications or attorney work-product, on the ground that such information and documents are privileged from discovery. 7. DEFENDANT objects to Plaintiff's requests to the extent they may seek the disclosure of mental impressions, conclusions, opinions or legal theories of DEFENDANT or its counsel subject to the work-product rule. 8. DEFENDANT objects to Plaintiff's requests to the extent that they seek proprietary or confidential business information or information not discoverable under the F/orida Rules of Civil Procedure. 771 6585v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 3 of 11 RESPONSES 1. All medical records, correspondence, complete charts, lists of medications, and any other tangible data which pertains or relates in any way to the care and treatment rendered to Michelle Balzarano. RESPONSE: Objection, this Request is overly broad with regard to “any other tangible data which pertains or relates in any way”; unduly burdensome; seeks items protected by the attorney-client privilege and/or work-product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 2. All documents and materials in Defendant’s possession that pertain to Michelle Balzarano other than those produced in response to request (1), above. If you do not produce documents responsive to this request because you contend, they are privileged, please produce a privilege log describing each such document. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “other than those produced in response to request (1) , above”; overly broad with regard to “all documents and materials”; unduly burdensome; seeks items protected by the attorney-client privilege and/or work-product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 3. All email correspondence related in any fashion to Michelle Balzarano. If you do not produce documents responsive to this request because you contend, they are privileged, please produce a privilege log describing each such document. RESPONSE: Objection, this Request is vague and/or ambiguous, overly broad unduly burdensome with regard to “all email correspondence related in any fashion...”; seeks items protected by the attorney-client privilege and/or work- product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 4. All internal email correspondence regarding the closing and/or shutting down of Life Changes facility. If you do not produce documents responsive to this request because you contend, they are privileged, please produce a privilege log describing each such document. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to 771 6585v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 4 of 11 “internal email correspondence”; overly broad and unduly burdensome with regard to “regarding the closing and/or shutting down of Life Changes facility”; seeks items protected by the attorney-client privilege and/or work-product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 5. Copies of all contracts and agreements between Life Changes and Dr. Emilio Duboy, M.D. RESPONSE: Objection, this Request is vague and/or ambiguous, overly broad, and unduly burdensome with regard to “agreements”; and seeks items that are proprietary in nature and protected by the trade secret privilege, attorney-client privilege, and/or work-product doctrine. Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 6. Copies of all contracts and agreements between Life Changes and any other entity for the care and treatment provided to Michelle Balzarano. RESPONSE: Objection, this Request is vague and/or ambiguous, overly broad, and unduly burdensome with regard to “agreements”; seeks items that are proprietary in nature and protected by the trade secret privilege, attorney-client privilege, and/or work-product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 7. All bills, invoices, insurance forms, government documents and any other tangible items in the possession of the Defendant which pertain, in any way, to the care of Michelle Balzarano, excepting those medical records of Michelle Balzarano in response to request number (1) and (2), above. This request is intended to include but is not limited to all data and records relating to bills, statements and medical charges rendered or submitted to any source arising out of the Defendant’s care and treatment of Michelle Balzarano. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “government documents and any other tangible items”; overly broad with regard to “any other tangible items... which pertain in any way”; unduly burdensome; seeks items protected by the attorney-client privilege and/or work-product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 771 6585v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 5 of 11 8. All manuals, policies, procedures, guidelines, rules and regulations addressing, concerning and pertaining to patient/client discharge. RESPONSE: Objection, this Request is overly broad with regard to “addressing, concerning and pertaining”; unduly burdensome; seeks information that is proprietary, confidential, and/or trade secret, and/or is protected by the attorney- client privilege and/or work-product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 9. All manuals, policies, procedures, guidelines, rules and regulations addressing, concerning and pertaining to linking patients/clients with qualified physicians post-discharge. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “linking”; overly broad with regard to “addressing, concerning and pertaining”; unduly burdensome; seeks information that is proprietary, confidential, and/or trade secret, and/or is protected by the attorney-client privilege and/or work-product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 10. All manuals, policies, procedures, guidelines, rules and regulations addressing, concerning and pertaining to post-discharge medication management. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “post-discharge medication management”; overly broad with regard to “addressing, concerning and pertaining”; unduly burdensome; seeks information that is proprietary, confidential, and/or trade secret, and/or is protected by the attorney- client privilege and/or work-product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 11. The index of all policies, procedures, guidelines, rules and regulations at Defendant’s facility. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “Defendant’s facility”; overly broad and unduly burdensome with regard to “all policies...”; seeks information that is proprietary, confidential, and/or trade secret, 771 6585v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 6 of 11 and/or is protected by the attorney-client privilege and/or work-product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 12. All documents or electronic information that reflects internal communications between health care providers at Defendant’s facility regarding the care and treatment rendered to Michelle Balzarano, including her discharge and any post-discharge interactions. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “Defendant’s facility” and “care and treatment rendered”; overly broad; unduly burdensome; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 13. All documents or electronic information that reflects communications between health care providers at Defendant’s facility and any other individual or entity regarding the care and treatment rendered to Michelle Balzarano, including her discharge and any post-discharge interactions. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “Defendant’s facility” and “that you prepared”; seeks items protected by the attorney-client privilege and/or work-product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 14. The complete personnel file of any physician, including any resident physician, nurse, or other medical personnel who attended, examined, consulted, interpreted, treated, or played any role whatsoever in the care and treatment of Michelle Balzarano, including but not limited to Emilio Duboy, M.D. and Janine Beattie, ARNP. The personnel files produced shall include but are not limited to the following documentation: (a) The employment application; (b) All contracts or agreements with Defendant HOSPITAL relating to patient care in effect on the date of services identified above; (c) Photocopy of his or her identification badge; (d) Letters of recommendation or other correspondence relating or pertaining in any way to the physician; and 771 6585v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 7 of 11 (e) Documents reflecting the scope of privileges of the physicians. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to whose personnel file is sought; seeks items protected by the attorney-client privilege and/or work-product doctrine; and is not reasonably calculated to lead to the discovery of admissible evidence under Section 90.407, Florida Statutes, because it pertains to subsequent remedial measures. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 15. [Improperly numbered as a second No. 13 in Plaintiff's Request] All documents reflecting the training and education provided by Defendant to physicians, nurses and other hospital personnel regarding the care and treatment of patients suffering from stroke or suspected stroke. PONSE: Objection, this Request is vague and/or ambiguous with regard to ided by Defendant to ... and other hospital personnel” and “patients suffering from stroke or suspected stroke”; overly broad and unduly burdensome because it is not limited in scope; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 16. [Improperly numbered as a second No. 14 in Plaintiff's Request] All documents reflecting the name and type of the software and computer system utilized by Defendant for entry of patient data in the care and treatment of Michelle Balzarano. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “by Defendant” and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections, and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 17. [Improperly numbered as a second No. 15 in Plaintiff's Request] Please produce all records made or received in the course of business by Defendant, pertaining to adverse medical incidents arising out of the care and treatment of patients in the thirty-six (36) months prior to and including July 2019. For purposes of this request the identity of patients involved in the incidents shall not be disclosed and the names of the patients should be redacted from the records produced. The definition of “adverse medical incident” as used in this request is the same as that contained in Article X, Section 25(c)(3) of the Florida Constitution, i.e., medical negligence, intentional misconduct, and any other act, neglect, or default of a health care facility or health care provider that caused or could have caused injury to or death of a patient, including, but not limited to, those 771 6585v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 8 of 11 incidents that are required by state or federal law to be reported to any governmental agency or body, and incidents that are reported to or reviewed by any health care facility peer review, risk management, quality assurance, credentials, or similar committee, or any representative of any such committees. RESPONSE: Objection, this Interrogatory is vague and/or ambiguous with regard to “in the course of business by Defendant” and the application of Charles v. S. Baptist Hosp. of Fla., Inc., 209 So. 3d 1199 (Fla. 2017), and Amendment 7, codified as Article X, Section 25, of the Florida Constitution, because it is not alleged in the operative Complaint that Dr. Duboy was a “health care provider” as used therein; and not reasonably calculated to lead to the discovery of admissible evidence pursuant to §395.0197(4), Florida Statutes. Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 18. [Improperly numbered as No. 16 in Plaintiff's Request] Updated professional CV of Emilio Duboy, M.D. RESPONSE: Please see attached curriculum vitae of Dr. Duboy. 19. [Improperly numbered as No. 17 in Plaintiff's Request] A copy of Emilio Duboy M.D.’s schedule/appointment book for April, May, and June of 2017. This request should include a copy of the entire schedule/appointments for the date indicated. You may delete the names of any other patients reflected on the schedule, but please do not delete any other information, specifically, the dates and times of each appointment and the services rendered. RESPONSE: Objection, this Request is overly broad, unduly burdensome, and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 20. [Improperly numbered as No. 18 in Plaintiff's Request] Copies of any and all invoices, bills, statements submitted, and payments received, for services rendered to Michelle Balzarano. RESPONSE: Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 21. — [Improperly numbered as No. 19 in Plaintiff's Request] A copy of the entire Medical Staff By-laws and Table of Contents for same that were in effect at the time of the subject treatment. RESPONSE: Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 771 6585v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 9 of 11 22. [Improperly numbered as No. 20 in Plaintiff's Request] A copy of the medical record charting requirements applicable to physicians or nurses practicing at Defendant’s facility that were in effect in April 2017. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “at Defendant’s facility” and not reasonably calculated to lead to the discovery of admissible evidence. Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 23. [Improperly numbered as No. 21 in Plaintiff's Request/Copies of any telephone call logs depicting calls made to Defendant regarding Michelle Balzarano for April, May, and June of 2017. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “made to Defendant”; overly broad; unduly burdensome; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 24. — [Improperly numbered as No. 22 in Plaintiff's Request]Any and all communications with John Brogan. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “communications”; overly broad and unduly burdensome because it is not limited in time and/or scope; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 25. [Improperly numbered as No. 23 in Plaintiff's’ Request] Any and all communications with Lifeline Recovery Support Services, and any of its agents, employees, or representatives. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “communications”; overly broad and unduly burdensome because it is not limited in time and/or scope; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 771 6585v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 10 of 11 26. [Improperly numbered as No. 24 in Plaintiff's Request] Any and all communications with Cameron Villa, LLC, and any of its agents, employees, or representatives. RESPONSE: Objection, this Request is vague and/or ambiguous with regard to “communications”; overly broad and unduly burdensome because it is not limited in time and/or scope; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. 27. [Improperly numbered as No. 25 in Plaintiff's Request] All documents and records regarding the closing of Life Change’s facility. RESPONSE: Objection, this Request is overly broad; unduly burdensome; and is not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding said objections and without waiver thereof, Dr. Duboy does not have possession, custody, or control of documents responsive to this Request. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that the foregoing was filed with the Clerk of Court via the Florida Courts E-Filing Portal and a true and correct copy was served via email on November 2, 2020 upon Jonathan M. Midwall, Esquire and Alyssa Tornberg, Esquire, Cole Scott & Kissane, P.A., 110 Tower, 110 S.E. 6th Street, Suite 2700, Ft. Lauderdale, Florida 33301 Jonathan.Midwall@csklegal.com, Alyssa.Tornberg@csklegal.com (Attorney for Defendant Life Changes Addition Treatment Center of the Palm Beaches, Jeanine Beattie, ARNP),; Thomas Scolaro, Esquire and Thomas D. Graham, Esquire, LEESFIELD SCOLARO, P.A., 2350 South Dixie Highway, Miami, Florida 33133, scolaro@leesfield.com; graham@leesfield.com (Attorney for Plaintiff), William McCaughan, Esquire, Farrell Patel Jomarron & Lopez, 4300 Biscayne Blvd Suite 305, Miami, FL 33137, winccaughan@justice360.com, eservice@justice360.com, (Attorney for John Brogan and Lifeline 771 6585v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 11 of 11 Recovery, LLC), Nicole Sauvola, Esquire, Nicole Sauvola, P.A, 13889 Deer Creek Dr, Palm Beach Gardens, FL, colelaw36@gmail.com, (Attorney for Defendant Warbird Properties LLC d/b/a Cameron Villa). 771 6585v.1 /s/ Molly J. Durso NOELLE K. SHEEHAN, ESQUIRE Florida Bar No.: 0084677 MOLLY J. DURSO, ESQUIRE Florida Bar No.: 0091029 Wilson Elser Moskowitz Edelman & Dicker, LLP 111 N. Orange Ave., Suite 1200 Orlando, FL 32801 Phone: (407) 203-7599 Fax: (407) 648-1376 ilsonelser.com Alejandra.Boscan@wilsonelser.com Counsel for Defendant Emilio Duboy