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Filing # 140737213 E-Filed 12/21/2021 09:59:54 AM
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 RESPONSE TO
PLAINTIFF’S SECOND 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 Second Request for Production, dated November 24, 2021,
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
264536592Vv.1
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/21/2021 09:59:54 AM ***CASE NO.: 50-2018-CA-15763-XXXX-MB
Page 2 of 4
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 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 Plaintiff's 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), //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.
264536592Vv.1CASE NO.: 50-2018-CA-15763-XXXX-MB
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RESPONSE
1. Please produce your tax retums listing the income you received for work performed
during 2017.
RESPONSE: Objection, this Request is overly broad in that it seeks production of
documents not relevant to the litigation as framed by the parties’ pleadings and is
otherwise not reasonably limited in time and/or scope; seeks items protected from
disclosure by Defendant’s right to privacy provided by Article I., Section 23 of the
Florida Constitution; and is not reasonably calculated to lead to the discovery of
admissible evidence. Furthermore, such documents may contain sensitive financial
and proprietary information and Defendant has a right to be free from financial
discovery absent a court allowing a claim for punitive damages to be pled. See Henn
v. Sandler, 589 So. 2d 1334 (Fla. 4th DCA 1991); Globe Newspaper Co. v. King, 658 So.
2d 518 (Fla. 1995),
CERTIFICATE OF SERVICE
I 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 December 21, 2021
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 (A/forney
for Plaintiff), William McCaughan, Esquire, Farrell Patel Jomarron & Lopez, 4300 Biscayne
Blvd Suite 305, Miami, FL 33137, wmccaughan@justice360.com, eservice@justice360.com,
(Attorney for John Brogan and Lifeline 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).
4s/ 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
264536592Vv.1264536592Vv.1
CASE NO.: 50-2018-CA-15763-XXXX-MB
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Orlando, FL 32801
Phone: (407) 203-7599
Fax: (407) 648-1376
Noelle. Sheehan@wilsonelser.com
Molly. Durso@wilsonelser.com
Karla. Velazquez-Suarez@wilsonelser.com
Alejandra.Boscan@wilsonelser.com
Counsel for Defendant Emilio Duboy, M.D.
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Filing # 140737213 E-Filed 12/21/2021 09:59:54 AM 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 RESPONSE TO PLAINTIFF’S SECOND 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 Second Request for Production, dated November 24, 2021, 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 264536592Vv.1 '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/21/2021 09:59:54 AM ***CASE NO.: 50-2018-CA-15763-XXXX-MB Page 2 of 4 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 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 Plaintiff's 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), //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. 264536592Vv.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 3 of 4 RESPONSE 1. Please produce your tax retums listing the income you received for work performed during 2017. RESPONSE: Objection, this Request is overly broad in that it seeks production of documents not relevant to the litigation as framed by the parties’ pleadings and is otherwise not reasonably limited in time and/or scope; seeks items protected from disclosure by Defendant’s right to privacy provided by Article I., Section 23 of the Florida Constitution; and is not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, such documents may contain sensitive financial and proprietary information and Defendant has a right to be free from financial discovery absent a court allowing a claim for punitive damages to be pled. See Henn v. Sandler, 589 So. 2d 1334 (Fla. 4th DCA 1991); Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla. 1995), CERTIFICATE OF SERVICE I 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 December 21, 2021 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 (A/forney for Plaintiff), William McCaughan, Esquire, Farrell Patel Jomarron & Lopez, 4300 Biscayne Blvd Suite 305, Miami, FL 33137, wmccaughan@justice360.com, eservice@justice360.com, (Attorney for John Brogan and Lifeline 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). 4s/ 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 264536592Vv.1264536592Vv.1 CASE NO.: 50-2018-CA-15763-XXXX-MB Page 4 of 4 Orlando, FL 32801 Phone: (407) 203-7599 Fax: (407) 648-1376 Noelle. Sheehan@wilsonelser.com Molly. Durso@wilsonelser.com Karla. Velazquez-Suarez@wilsonelser.com Alejandra.Boscan@wilsonelser.com Counsel for Defendant Emilio Duboy, M.D.