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Filing # 142053139 E-Filed 01/14/2022 04:59:35 PM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
ELIZABETH L. BALZARANO, CASE NO.: 50-2018-CA-15763-XXXX-MB
Individually, and as Personal Representative
of the ESTATE OF MICHELE L.
BALZARANO,
Plaintiffs,
v.
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 ,
Defendants.
DEFENDANT, EMILIO DUBOY, M.D.’S, FIRST EXPERT REQUEST FOR
PRODUCTION TO ELIZABETH L. BALZARANO, Individually, and as Personal
Representative of the ESTATE OF MICHELE L. BALZARANO
Defendant, EMILIO DUBOY, M.D., by and through its undersigned attorney, and pursuant
to the applicable Rules of Civil Procedure, requests Plaintiff, ELIZABETH L. BALZARANO,
Individually, and as Personal Representative of the ESTATE OF MICHELE L. BALZARANO, to
produce for inspection and/or copying the following described items at the offices of the under-
signed attorneys within thirty (30) days from the date of service hereof, showing the Plaintiffs have
possession, custody and/or control of each of the documents and that each of them constitutes
264918723v.1
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/14/2022 04:59:35 PM ***CASE NO.: 50-2018-CA-15763-XXXX-MB
Page 2 of 6
evidence without which the Defendant cannot safely proceed to trial, all as is more fully seen from
an inspection of the pleadings herein.
1.
EXPERT REQUEST TO PRODUCE TO PLAINTIFF
All written communications or written memoranda of verbal communications to or
from any expert you may call as a witness at this trial, including billing information, which con-
tains information related to that person’s work in this case.
2.
this case.
this case.
264918723v.1
All documents or tangible items of whatsoever nature pertaining to the following:
a.
The scope of your employment of expert witnesses in this case and the com-
pensation for such service.
The general litigation experience of the expert witnesses you selected in this
case, including the percentage of work performed for plaintiffs and defend-
ants.
The identity of other insurance claims or legal actions in which each of your
expert witnesses rendered opinions or evaluations for you during the last
three years. (If you have identified a medical expert witness, you are not
requested to identify instances where said expert witness provided treatment
to apatient, but are requested to identify instances where said expert witness
provided an examination and evaluation of a claimant/party/plaintiff).
The identity of other cases in which each of your expert witnesses in this
case have testified by deposition or at trial for you during the last three
years. (If any, see Request Number 3 below).
An approximation (in number of hours, percentage of hours, and percentage
of earned income) of how much of the expert’s professional time and ser-
vices are devoted to serving as an expert witness.
A copy of all resumes or curriculum vitae of any expert you intend to call at trial in
A copy of any reports received by you from any expert you intend to call at trial inCASE NO.: 50-2018-CA-15763-XXXX-MB
Page 3 of 6
5. Regarding any expert you intend to call at trial, a copy of each expert’s entire file,
including any and all notes, field notes, correspondence, documentation, articles, learned treatises,
models, illustrations, photographs, videos, computer studies, simulations, exhibits, or documents
of any kind which you received, or made, or intend to contemplate using to explain, illustrate or
support testimony at trial or any other written, computer or electronic materials concerning this
matter.
6. Regarding any expert you intend to call at trial, any and all documents relied upon
in any way or consulted, whether relevant or not, by each expert or someone acting with each
expert or at each expert’s request, in evaluating this incident and/or in forming any opinions con-
cerning this claim.
7. Any and all records, documents, interrogatories, depositions, and materials re-
viewed or examined by each expert you intend to call at trial in connection with this case.
8. Any and all correspondence, reports or writing conceming your experts’ opinions
herein.
9. Any and all memoranda, notes, calculations, graphs, charts, illustrations, plans, or
other data prepared by each expert you intend to call at trial in connection with this matter.
10. Regarding eachof the experts you intend to call at trial, copies of any and all billing
time records, invoices, statements and/or bills prepared and rendered in connection with your ex-
pert’s investigation and evaluation of the issues involved in this lawsuit.
11. Regarding each of the experts you intend to call at trial, a list of all cases in which
the expert testified either at deposition or at trial, or both, during the period from 2016 through the
present, in any jurisdiction, or at any time under any circumstances, before any court, tribunal or
arbitration proceeding.
264918723v.1CASE NO.: 50-2018-CA-15763-XXXX-MB
Page 4 of 6
12. Copies of deposition and trial transcripts for testimony provided by your expert
witnesses as identified in Request Number 11 above.
13. Regarding each expert you intend to call at trial, a copy of office records indicating
time spent by each expert on his/her undertaking and hourly charges therefore in connection with
this case.
14. Copies of all affidavits, interrogatory answers, deposition testimony transcripts in
the possession of Plaintiff's counsel, given in unrelated civil actions for each expert witness iden-
tified in this cause whether a treating medical provider, or as having been retained as an expert
witness, to testify on any issue at trial which Plaintiff or Plaintiff's counsel reasonably expect(s)
or intend(s) to use such affidavits or deposition transcripts for impeachment at trial or for any other
use at trial
15. Copies of all papers in the possession of the Plaintiffs counsel given in unrelated
civil actions for each expert witness identified in this cause whether a treating medical provider,
or as having been retained as an expert witness, to testify on any issue at trial which Plaintiff or
Plaintiff's counsel reasonably expect(s) or intend(s) to use such papers for impeachment at trial or
for any other use at trial.
16. A true and correct copy of any pages, chapters or books which Plaintiff's counsel
reasonably expect(s) or intend(s) to use at trial for any purpose to include the cross-examination
of any of witness or expert, treating or otherwise, to include but not limited to authoritative medical
texts, articles or writings.
17. Any other writing or evidence, material, documents, pictures, statements and dia-
grams which the Plaintiff's counsel expect(s) or intend(s) for use at trial either as direct evidence
264918723v.1CASE NO.: 50-2018-CA-15763-XXXX-MB
Page 5 of 6
or for the purpose of impeaching any witness or expert in this case to include but not be limited to
lay/fact/before and after witnesses, treating physicians or experts.
18. A true and correct, complete and legible copy of all writings in the possession of
the Plaintiff's counsel which are reasonably expected to be used at trial for impeachment, substan-
tive evidence or for other use at trial.
19. Any writings or evidence, material, documents, pictures, statements and diagrams
which the Plaintiff's counsel expect(s) or intend(s) to use at trial for the cross-examination or im-
peachment to include but not be limited to lay/expert/fact/before and after witnesses.
20. A listing of all cases within the last three (3) years in which each expert has con-
sulted, been paid, been hired or retained by Plaintiff's counsel, including identification of the case
style; plaintiff's attorney; defendant’s attorney; and court in which case was pending.
21. | An approximation of each expert’s and their practice’s involvement as an expert
witness based on the number of hours, percent of hours, or income derived from expert services,
including percentage of work performed for plaintiffs vs. defendants.
22. Documents describing the scope of expert’s employment in the pending case.
23. All raw testing data, test responses, answers or psychological tests upon which ex-
pert is relying or which were conducted at his request.
24. Financial documentation showing the total amount of fees the Plaintiff's law firm
has paid for the expert’s services and their practice in the last three (3) years.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing was filed with the Clerk of Court via the Florida
264918723v.1CASE NO.: 50-2018-CA-15763-XXXX-MB
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Courts E-Filing Portal and a true and correct copy was served via email on January 14,2022 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@cskle-
galcom, Alyssa.Tornberg@csklegalcom_(Attorney for Defendant Life Changes Addition Treat-
ment Center of the Palm Beaches, Jeanine Beattie, ARNP); Thomas Scolaro, Esquire and
Thomas D. Graham, Esquire, LEESFIELD SCOLARO, P.A., 2350 South Dixie Highway, Mi-
ami, Florida 33133, scolaro@leesfield.com; graham@leesfield.com (Attorney for Plaintiff); Wil-
liam McCaughan, Esquire, Farrell Patel Jomarron & Lopez, 4300 Biscayne Blvd Suite 305, Mi-
ami, FL 33137, wmccaughan@justice360.com, eservice@justice360.com, (Attorney for John Bro-
gan and Lifeline Recovery, LLC); Nicole Sauvola-LaMay, Es quire , Nicole Sauvola, P.A, 13889
Deer Creek Dr, Palm Beach Gardens, FL, colelaw36@gmail.com, (Attomey for Defendant
Warbird Properties LLC d/b/a Cameron Villa).
4s/ Noelle Sheehan
NOELLE K. SHEEHAN, ESQUIRE
Florida Bar No.: 0084677
MOLLY J. DURSO, ESQUIRE
Florida Bar No.: 0091029
Wilson Elser Moskowitz Edelman & Dicker
111 N. Orange Ave., Suite 1200
Orlando, FL 32801
Phone: (407) 203-7599
Fax: (407) 648-1376
Noelle.Sheehan@wilsone lser.com
Molly. Durso@wilsonelser.com
Karla. Velazquez-Suarez@wilsonelser.com
Alejandra. Boscan@wilsonelser.com
Counsel for Defendant, Emilio Duboy, M.D.
264918723v.1
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Filing # 142053139 E-Filed 01/14/2022 04:59:35 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ELIZABETH L. BALZARANO, CASE NO.: 50-2018-CA-15763-XXXX-MB Individually, and as Personal Representative of the ESTATE OF MICHELE L. BALZARANO, Plaintiffs, v. 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 , Defendants. DEFENDANT, EMILIO DUBOY, M.D.’S, FIRST EXPERT REQUEST FOR PRODUCTION TO ELIZABETH L. BALZARANO, Individually, and as Personal Representative of the ESTATE OF MICHELE L. BALZARANO Defendant, EMILIO DUBOY, M.D., by and through its undersigned attorney, and pursuant to the applicable Rules of Civil Procedure, requests Plaintiff, ELIZABETH L. BALZARANO, Individually, and as Personal Representative of the ESTATE OF MICHELE L. BALZARANO, to produce for inspection and/or copying the following described items at the offices of the under- signed attorneys within thirty (30) days from the date of service hereof, showing the Plaintiffs have possession, custody and/or control of each of the documents and that each of them constitutes 264918723v.1 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/14/2022 04:59:35 PM ***CASE NO.: 50-2018-CA-15763-XXXX-MB Page 2 of 6 evidence without which the Defendant cannot safely proceed to trial, all as is more fully seen from an inspection of the pleadings herein. 1. EXPERT REQUEST TO PRODUCE TO PLAINTIFF All written communications or written memoranda of verbal communications to or from any expert you may call as a witness at this trial, including billing information, which con- tains information related to that person’s work in this case. 2. this case. this case. 264918723v.1 All documents or tangible items of whatsoever nature pertaining to the following: a. The scope of your employment of expert witnesses in this case and the com- pensation for such service. The general litigation experience of the expert witnesses you selected in this case, including the percentage of work performed for plaintiffs and defend- ants. The identity of other insurance claims or legal actions in which each of your expert witnesses rendered opinions or evaluations for you during the last three years. (If you have identified a medical expert witness, you are not requested to identify instances where said expert witness provided treatment to apatient, but are requested to identify instances where said expert witness provided an examination and evaluation of a claimant/party/plaintiff). The identity of other cases in which each of your expert witnesses in this case have testified by deposition or at trial for you during the last three years. (If any, see Request Number 3 below). An approximation (in number of hours, percentage of hours, and percentage of earned income) of how much of the expert’s professional time and ser- vices are devoted to serving as an expert witness. A copy of all resumes or curriculum vitae of any expert you intend to call at trial in A copy of any reports received by you from any expert you intend to call at trial inCASE NO.: 50-2018-CA-15763-XXXX-MB Page 3 of 6 5. Regarding any expert you intend to call at trial, a copy of each expert’s entire file, including any and all notes, field notes, correspondence, documentation, articles, learned treatises, models, illustrations, photographs, videos, computer studies, simulations, exhibits, or documents of any kind which you received, or made, or intend to contemplate using to explain, illustrate or support testimony at trial or any other written, computer or electronic materials concerning this matter. 6. Regarding any expert you intend to call at trial, any and all documents relied upon in any way or consulted, whether relevant or not, by each expert or someone acting with each expert or at each expert’s request, in evaluating this incident and/or in forming any opinions con- cerning this claim. 7. Any and all records, documents, interrogatories, depositions, and materials re- viewed or examined by each expert you intend to call at trial in connection with this case. 8. Any and all correspondence, reports or writing conceming your experts’ opinions herein. 9. Any and all memoranda, notes, calculations, graphs, charts, illustrations, plans, or other data prepared by each expert you intend to call at trial in connection with this matter. 10. Regarding eachof the experts you intend to call at trial, copies of any and all billing time records, invoices, statements and/or bills prepared and rendered in connection with your ex- pert’s investigation and evaluation of the issues involved in this lawsuit. 11. Regarding each of the experts you intend to call at trial, a list of all cases in which the expert testified either at deposition or at trial, or both, during the period from 2016 through the present, in any jurisdiction, or at any time under any circumstances, before any court, tribunal or arbitration proceeding. 264918723v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 4 of 6 12. Copies of deposition and trial transcripts for testimony provided by your expert witnesses as identified in Request Number 11 above. 13. Regarding each expert you intend to call at trial, a copy of office records indicating time spent by each expert on his/her undertaking and hourly charges therefore in connection with this case. 14. Copies of all affidavits, interrogatory answers, deposition testimony transcripts in the possession of Plaintiff's counsel, given in unrelated civil actions for each expert witness iden- tified in this cause whether a treating medical provider, or as having been retained as an expert witness, to testify on any issue at trial which Plaintiff or Plaintiff's counsel reasonably expect(s) or intend(s) to use such affidavits or deposition transcripts for impeachment at trial or for any other use at trial 15. Copies of all papers in the possession of the Plaintiffs counsel given in unrelated civil actions for each expert witness identified in this cause whether a treating medical provider, or as having been retained as an expert witness, to testify on any issue at trial which Plaintiff or Plaintiff's counsel reasonably expect(s) or intend(s) to use such papers for impeachment at trial or for any other use at trial. 16. A true and correct copy of any pages, chapters or books which Plaintiff's counsel reasonably expect(s) or intend(s) to use at trial for any purpose to include the cross-examination of any of witness or expert, treating or otherwise, to include but not limited to authoritative medical texts, articles or writings. 17. Any other writing or evidence, material, documents, pictures, statements and dia- grams which the Plaintiff's counsel expect(s) or intend(s) for use at trial either as direct evidence 264918723v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 5 of 6 or for the purpose of impeaching any witness or expert in this case to include but not be limited to lay/fact/before and after witnesses, treating physicians or experts. 18. A true and correct, complete and legible copy of all writings in the possession of the Plaintiff's counsel which are reasonably expected to be used at trial for impeachment, substan- tive evidence or for other use at trial. 19. Any writings or evidence, material, documents, pictures, statements and diagrams which the Plaintiff's counsel expect(s) or intend(s) to use at trial for the cross-examination or im- peachment to include but not be limited to lay/expert/fact/before and after witnesses. 20. A listing of all cases within the last three (3) years in which each expert has con- sulted, been paid, been hired or retained by Plaintiff's counsel, including identification of the case style; plaintiff's attorney; defendant’s attorney; and court in which case was pending. 21. | An approximation of each expert’s and their practice’s involvement as an expert witness based on the number of hours, percent of hours, or income derived from expert services, including percentage of work performed for plaintiffs vs. defendants. 22. Documents describing the scope of expert’s employment in the pending case. 23. All raw testing data, test responses, answers or psychological tests upon which ex- pert is relying or which were conducted at his request. 24. Financial documentation showing the total amount of fees the Plaintiff's law firm has paid for the expert’s services and their practice in the last three (3) years. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was filed with the Clerk of Court via the Florida 264918723v.1CASE NO.: 50-2018-CA-15763-XXXX-MB Page 6 of 6 Courts E-Filing Portal and a true and correct copy was served via email on January 14,2022 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@cskle- galcom, Alyssa.Tornberg@csklegalcom_(Attorney for Defendant Life Changes Addition Treat- ment Center of the Palm Beaches, Jeanine Beattie, ARNP); Thomas Scolaro, Esquire and Thomas D. Graham, Esquire, LEESFIELD SCOLARO, P.A., 2350 South Dixie Highway, Mi- ami, Florida 33133, scolaro@leesfield.com; graham@leesfield.com (Attorney for Plaintiff); Wil- liam McCaughan, Esquire, Farrell Patel Jomarron & Lopez, 4300 Biscayne Blvd Suite 305, Mi- ami, FL 33137, wmccaughan@justice360.com, eservice@justice360.com, (Attorney for John Bro- gan and Lifeline Recovery, LLC); Nicole Sauvola-LaMay, Es quire , Nicole Sauvola, P.A, 13889 Deer Creek Dr, Palm Beach Gardens, FL, colelaw36@gmail.com, (Attomey for Defendant Warbird Properties LLC d/b/a Cameron Villa). 4s/ Noelle Sheehan NOELLE K. SHEEHAN, ESQUIRE Florida Bar No.: 0084677 MOLLY J. DURSO, ESQUIRE Florida Bar No.: 0091029 Wilson Elser Moskowitz Edelman & Dicker 111 N. Orange Ave., Suite 1200 Orlando, FL 32801 Phone: (407) 203-7599 Fax: (407) 648-1376 Noelle.Sheehan@wilsone lser.com Molly. Durso@wilsonelser.com Karla. Velazquez-Suarez@wilsonelser.com Alejandra. Boscan@wilsonelser.com Counsel for Defendant, Emilio Duboy, M.D. 264918723v.1