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Filing #57685647 E-Filed 06/13/2017 01:31:00 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
DIEZ-ARGUELLES & TEJEDOR, P.A. CASE NO. 2017-CA-004456-0
Plaintiffs
Vv.
ORLANDO HEALTH, INC. d/b/a
ORLANDO REGIONAL MEDICAL CENTER
Defendant
PLAINTIFE’S MOTION FOR SUMMARY JUDGMENT
COMES NOW, the Plaintiff, Diez-Arguelles & Tejedor, P.A., by and through the
undersigned counsel, and files this Motion for Summary Judgment, and as good grounds states
the following:
Plaintiff seeks declaratory judgment relative to the terms in which Diez-Arguelles &
Tejedor, P.A. can work with an attorney who formerly represented the Defendant, Orlando
Health, Inc. d/b/a Orlando Regional Medical Center. Specifically, the former attorney of the
Defendant which Diez-Arguelles & Tejedor wishes to work with is Kevin K. Chase who worked
for Orlando Health, Inc d/b/a Orlando Regional Medical Center approximately two (2) years ago
and has not worked for Orlando Health, Inc. d/b/a Orlando Regional Medical Center since that
time.
As a history, Kevin K. Chase was hired by the law firm of Wicker, Smith et al in 1999.
In 2005, he was made a partner in the firm, and in 2014, was named an equity shareholder in the
firm. Kevin K. Chase left Wicker, Smith in June, 2015. During Kevin K. Chase’s 16 year career
at Wicker, Smith, he never received a grievance from a client, opposing counsel or Judge, and
his ethics and professionalism were never questioned by Wicker Smith or the attorneys and
Judges that he worked with, While at Wicker, Smith, his practice was focused on primarily high
exposure/catastrophic injury medical malpractice cases, although he also handled a myriad of
other type matters over the years. During his 16 years at Wicker, Smith, he defended hundreds
and hundreds of medical malpractice cases, typically on behalf of physicians, nurses, multiple
hospital systems, and many other types of health care providers. Of those cases, estimated at 15
or less, involved cases where he was involved with defending Orlando Health, Inc. In those
estimated 15 or less cases, the cases did not go to trial and he was never considered "lead
counsel", To the best of Kevin K. Chase’s knowledge, the only case that is still in active
litigation that he was involved in while at Wicker, Smith and in which Diez-Arguelles &
‘Tejedor, P.A. is representing counsel for the Plaintiffs is the Anthony Wilbur, et al v. Orlando
Health, Inc. et al, Case No. 2013-CA-2849-0. The Affidavit of Kevin K. Chase has been filed
with the Court and a copy attached hereto.
The Defendant, Orlando Health, Inc. d/b/a Orlando Regional Medical Center has via
written letter informed the Plaintiff, Diez-Arguelles & Tejedor, P.A., that the hiring of Kevin K.
Chase would create a conflict of interest in the prosecution of any claims against Orlando Health
which would result in their seeking disqualification of the Plaintiff firm from any active claim
and any future claim against Orlando Health.
Florida law is clear that "disqualification of a party's chosen counsel is an extraordinary
remedy and should be resorted to sparingly." Health Care and Retirement Corp. of America v.
Bradley, 944 So. 2d 508, $11 (Fla. 4th DCA 2006). In fact, courts across jurisdictions agree that
motions for disqualification generally should be viewed with skepticism because disqualification
of counsel impinges on a party's right to employ of an attorney of their choice, and such motions
are often interposed for tactical purposes." Alexander v. Tandem Staffing Solutions, Inc., 881 So.
2d 607, 608-609 (Fla. 4th DCA 2004). The “ability to deny one's opponent the services of
capable counsel, is a potent weapon". Wearing, Cox, James, Sklar and Allen, 849 F. 2d 222, 224
(6th Cir. 1988)
WHEREFORE, Plaintiff, Diez-Arguelles & Tejedor, respectfully requests that this Court
enter an Order granting the Plaintiff's Motion for Summary Judgment and allow Kevin K. Chase
to work at the firm of Diez-Arguelles & Tejedor, P.A. as an employee and not work on Orlando
Health, Inc. d/b/a Orlando Regional Medical Center files at issue or work as an independent
contractor for the firm and not work on Orlando Health, Inc. d/b/a Orlando Regional Medical
Center files at issue or open his own practice and not work on Orlando Health, Inc. d/b/a
Orlando Regional Medical Center files at issue.
1 R. Diez-Ary E:
Carlos R. Diez-Arguelles, Esq. (FBN 500569)
Maria D. Tejedor, Esq. (FBN 95834)
DIEZ-ARGUELLES & TEJEDOR
505 North Mills Avenue
Orlando, Florida 32803
Telephone: (407) 705-2880
mail@theorlandolawyers.com
AFFIDAVIT OF KEVIN K. CHASE, ESQ.
age of eighteen (18) and |
My name is Kevin K. Chase. lam o ver the
nowledge.
made this Affidavit of my own personal k'
O' Hara McCoy & Ford
| was hired by the law firm of Wicker Smit! h
in the firm, and in 2014, |
P.A. in 1999. In 2005, | was made a partner
firm. | left Wicker Smith in
was named an equity shareholder in the
June, 2015.
| never received a
During my 16 year career at Wick: er Smith,
e, and m y ethics
grievan ce from a client, opposing counsel or Judg
tioned by my employer
and pro fessionalism were certainly never ques
with.
or the attorneys and Judges that | worked
focused on prim: arily high
While at Wicker Smith, my practice was
ctice cases, although |
exposure/catastrophic injury medical ma Ipra
the years.
also handled a myriad of other matters over
with the firm of Diez-
Earlier this year, | discussed going to work
also focuses on high
Argue lles and Tejedor, P.A. Their practice
r) types of similar cases.
exposure medical malpractice ( and othe
for me.
Their firm seemed like a very good fit
| defended hundreds of medical
During my 16 years at Wicker, Smith,
of physicians, nurses, multiple
malpractice cases, typically on behalf
of health care providers. Of
hospital systems, and many other t ypes
cases where | was involved
those cases, a tiny percentage invo lved
g h much time has passed, and
with defending Orlando Health. Althou
| would estimat e | assisted on
| don't have access to those records.
(I've considered “lead
15 or | ess Orlando Health cases in total.
counsel”, as Richards Ford wi as alw
ays considered lead counsel for
trial purposes.)
is still in active litigation that |
To my knowledge, the on ly case that
is the Anthony Wilbur, et al v.
was involved in while at Wicker Smith
-CA-2849-0. In summary,
Orlando Health, Inc. et al, Case no. 2013
ery (corpectomy and
the Wilbur case involves a lower back surg
Dr. Philip Meinhardt on
fusion) performed at Orland o Health by
ges that a my riad of medical
February 12, 2011. The Complaint alle
becoming a
errors occurred resulting in Mr. Wilbur
this case until my
paraplegic. | was actively involved in defending
.
departure from Wicker, Smith in June 2015
elles and Ms. Tejedor
Nevertheless, on May 1, 2017, Dr. Diez Argu
Health’s behalf indicating
received a letter from Mr. Ford on Orlando
Health will seek
the following: “If you are to hire Mr. Chase, Orlando
Wilbur matter. Mr.
immediate disqualification of your firm from the
th’s institutional
Chase’s in depth knowledge of Orlando Heal
to any future litigation
practices would also disq ualify your firm as
d to notify you if you hire
against Orlando Health. We have been aske
of Orlando Health —
Mr. Chase — given his prior representation
law firm of Diez-
Orlando Health will take the position that the
in prosecuting any claim
Arguelles & Tejedor has a conflict of interest
against Orlando Health, an d will accordin
gly seek disqualification of
tain or bring in the future
your firm from any action you curren tly main
against Orlando Health.”
for Orlando Health,
Of the handful of cases that | have defended
issues: /allegations raised in the
none of them have involved any of the
Health case involving a
Wilbur case. I’ve never defended an Orlando
I’ve also never been
lower back surgery, or resulting paralysis.
g intra-operative neuro-
involved in an Orlando H ealth case involvin
owing hospital spinal
monitoring, nursing issues related to the foll
eon, anesthesia
injury protocol, credentialing of a spine surg:
or any of the other
management of an emergent spine surgery,
issues primarily involved in thi IS Case.
ndo Health involved
10. The prior cases | helped defend for Orla
nose a subarachnoid
failure to diagnose stroke, failure to diag
Wi nnie Palmer Hospital to be
hemorrhage, obstetrics, failure of
when it opened, and pediatric
sufficiently prepared to handl le patien ts
cased are remotely similar to the
intensive care issues. None o # those
issues involved in Wilbur.
ehow have
11. Mr. Ford's assertion in his letter that | som
tional practices’ is simply not
knowledge of “Orlando Health’s ‘institu
was \ ever invited to attend a
accurate, | have never been present nor
meeting at Orlando Health wh ere “ins
titutional practices” were
in drafting or assisting in drafting
discussed. Nor was | ever invo Ived
Any clin ical policies and
the hospital’s policies and procedures.
procedures that were
and easily
relevant to.my cases were obviously subject to discovery
never once
obtained by opposing counsel through discovery. I've
ive
attended a credentialing meeting or any other type of “administrat
involved in
meeting " while working at Wicker Smith, | was, of course,
except
the evaluation of the cases | worked on, but all of those cases,
ry, | have
Wilbur, have resolved, and are nowi rrelevant. In summa
ndo Health that
absolutely no knowledge based on m y work for Orla
other than
could be of any strategic value to any adversarial firm,
ney through
information that is already available to any competent attor
the discovery process.
counsel! is
12 Florida law is clear that "disqualification of a party's chosen
ngly." Health
an extraordinary remedy and should be resortedt ‘o spari
2d 508, 511
Care and Retirement Corp. of America v. Bradley, 944 So.
(F la. 4th DCA 2006), In fact, courts across jurisdictions agree that
skepticism
motions for disqualification generally should be viewed with
s right to
because disqualification of counsel impinges on a party'
employ of an attorney of their c hoice, and such motio
ns are often
interposed for tactical purposes. " Alexander v. Tand
em Staffing
2004). The
Solutions, Inc., 881 S 0. 2d 607, 608-609 (Fla. 4th DCA
counsel, is a
"ability to deny one's opponenttl he services of capable
potent weapon". Wearing, Cox, James, Sklar and Allen, 849 F. 2d 222,
224 (6th Cir. 1988)
mation
13 In summary, | have a bsolutely no inside information or other infor
that requires my disqu alific ation from cases involving Orlando Health, or
s firm of Diez-
by extension, that requ ires the disqualification of the law
Arquelles & Tejedor, P.A.
)
FURTHER AFFIANT SAYETH NAUGHT ZA2
y
ys
- -
- we /
t
KevittK Chase - AFFIANT
STATE OF FLORIDA
COUNTY OF ORANGE
?
SWORN TO AND SUBS CRIBED before me this _/ ao day of
May,
2017, by Kevin K. Chase, who _» /_ is personally known to me or
produced _ blank as identification.
Dainette Arroyo
LK ino (4 Gd
é (iy COMMISSIONWFF225455
EXPIRES: April 29, 2019
Notary P Www. AARQNNOWARY.OOM
My Commission Expires:
Preview
Filing #57685647 E-Filed 06/13/2017 01:31:00 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA DIEZ-ARGUELLES & TEJEDOR, P.A. CASE NO. 2017-CA-004456-0 Plaintiffs Vv. ORLANDO HEALTH, INC. d/b/a ORLANDO REGIONAL MEDICAL CENTER Defendant PLAINTIFE’S MOTION FOR SUMMARY JUDGMENT COMES NOW, the Plaintiff, Diez-Arguelles & Tejedor, P.A., by and through the undersigned counsel, and files this Motion for Summary Judgment, and as good grounds states the following: Plaintiff seeks declaratory judgment relative to the terms in which Diez-Arguelles & Tejedor, P.A. can work with an attorney who formerly represented the Defendant, Orlando Health, Inc. d/b/a Orlando Regional Medical Center. Specifically, the former attorney of the Defendant which Diez-Arguelles & Tejedor wishes to work with is Kevin K. Chase who worked for Orlando Health, Inc d/b/a Orlando Regional Medical Center approximately two (2) years ago and has not worked for Orlando Health, Inc. d/b/a Orlando Regional Medical Center since that time. As a history, Kevin K. Chase was hired by the law firm of Wicker, Smith et al in 1999. In 2005, he was made a partner in the firm, and in 2014, was named an equity shareholder in the firm. Kevin K. Chase left Wicker, Smith in June, 2015. During Kevin K. Chase’s 16 year career at Wicker, Smith, he never received a grievance from a client, opposing counsel or Judge, and his ethics and professionalism were never questioned by Wicker Smith or the attorneys and Judges that he worked with, While at Wicker, Smith, his practice was focused on primarily high exposure/catastrophic injury medical malpractice cases, although he also handled a myriad of other type matters over the years. During his 16 years at Wicker, Smith, he defended hundreds and hundreds of medical malpractice cases, typically on behalf of physicians, nurses, multiple hospital systems, and many other types of health care providers. Of those cases, estimated at 15 or less, involved cases where he was involved with defending Orlando Health, Inc. In those estimated 15 or less cases, the cases did not go to trial and he was never considered "lead counsel", To the best of Kevin K. Chase’s knowledge, the only case that is still in active litigation that he was involved in while at Wicker, Smith and in which Diez-Arguelles & ‘Tejedor, P.A. is representing counsel for the Plaintiffs is the Anthony Wilbur, et al v. Orlando Health, Inc. et al, Case No. 2013-CA-2849-0. The Affidavit of Kevin K. Chase has been filed with the Court and a copy attached hereto. The Defendant, Orlando Health, Inc. d/b/a Orlando Regional Medical Center has via written letter informed the Plaintiff, Diez-Arguelles & Tejedor, P.A., that the hiring of Kevin K. Chase would create a conflict of interest in the prosecution of any claims against Orlando Health which would result in their seeking disqualification of the Plaintiff firm from any active claim and any future claim against Orlando Health. Florida law is clear that "disqualification of a party's chosen counsel is an extraordinary remedy and should be resorted to sparingly." Health Care and Retirement Corp. of America v. Bradley, 944 So. 2d 508, $11 (Fla. 4th DCA 2006). In fact, courts across jurisdictions agree that motions for disqualification generally should be viewed with skepticism because disqualification of counsel impinges on a party's right to employ of an attorney of their choice, and such motions are often interposed for tactical purposes." Alexander v. Tandem Staffing Solutions, Inc., 881 So. 2d 607, 608-609 (Fla. 4th DCA 2004). The “ability to deny one's opponent the services of capable counsel, is a potent weapon". Wearing, Cox, James, Sklar and Allen, 849 F. 2d 222, 224 (6th Cir. 1988) WHEREFORE, Plaintiff, Diez-Arguelles & Tejedor, respectfully requests that this Court enter an Order granting the Plaintiff's Motion for Summary Judgment and allow Kevin K. Chase to work at the firm of Diez-Arguelles & Tejedor, P.A. as an employee and not work on Orlando Health, Inc. d/b/a Orlando Regional Medical Center files at issue or work as an independent contractor for the firm and not work on Orlando Health, Inc. d/b/a Orlando Regional Medical Center files at issue or open his own practice and not work on Orlando Health, Inc. d/b/a Orlando Regional Medical Center files at issue. 1 R. Diez-Ary E: Carlos R. Diez-Arguelles, Esq. (FBN 500569) Maria D. Tejedor, Esq. (FBN 95834) DIEZ-ARGUELLES & TEJEDOR 505 North Mills Avenue Orlando, Florida 32803 Telephone: (407) 705-2880 mail@theorlandolawyers.com AFFIDAVIT OF KEVIN K. CHASE, ESQ. age of eighteen (18) and | My name is Kevin K. Chase. lam o ver the nowledge. made this Affidavit of my own personal k' O' Hara McCoy & Ford | was hired by the law firm of Wicker Smit! h in the firm, and in 2014, | P.A. in 1999. In 2005, | was made a partner firm. | left Wicker Smith in was named an equity shareholder in the June, 2015. | never received a During my 16 year career at Wick: er Smith, e, and m y ethics grievan ce from a client, opposing counsel or Judg tioned by my employer and pro fessionalism were certainly never ques with. or the attorneys and Judges that | worked focused on prim: arily high While at Wicker Smith, my practice was ctice cases, although | exposure/catastrophic injury medical ma Ipra the years. also handled a myriad of other matters over with the firm of Diez- Earlier this year, | discussed going to work also focuses on high Argue lles and Tejedor, P.A. Their practice r) types of similar cases. exposure medical malpractice ( and othe for me. Their firm seemed like a very good fit | defended hundreds of medical During my 16 years at Wicker, Smith, of physicians, nurses, multiple malpractice cases, typically on behalf of health care providers. Of hospital systems, and many other t ypes cases where | was involved those cases, a tiny percentage invo lved g h much time has passed, and with defending Orlando Health. Althou | would estimat e | assisted on | don't have access to those records. (I've considered “lead 15 or | ess Orlando Health cases in total. counsel”, as Richards Ford wi as alw ays considered lead counsel for trial purposes.) is still in active litigation that | To my knowledge, the on ly case that is the Anthony Wilbur, et al v. was involved in while at Wicker Smith -CA-2849-0. In summary, Orlando Health, Inc. et al, Case no. 2013 ery (corpectomy and the Wilbur case involves a lower back surg Dr. Philip Meinhardt on fusion) performed at Orland o Health by ges that a my riad of medical February 12, 2011. The Complaint alle becoming a errors occurred resulting in Mr. Wilbur this case until my paraplegic. | was actively involved in defending . departure from Wicker, Smith in June 2015 elles and Ms. Tejedor Nevertheless, on May 1, 2017, Dr. Diez Argu Health’s behalf indicating received a letter from Mr. Ford on Orlando Health will seek the following: “If you are to hire Mr. Chase, Orlando Wilbur matter. Mr. immediate disqualification of your firm from the th’s institutional Chase’s in depth knowledge of Orlando Heal to any future litigation practices would also disq ualify your firm as d to notify you if you hire against Orlando Health. We have been aske of Orlando Health — Mr. Chase — given his prior representation law firm of Diez- Orlando Health will take the position that the in prosecuting any claim Arguelles & Tejedor has a conflict of interest against Orlando Health, an d will accordin gly seek disqualification of tain or bring in the future your firm from any action you curren tly main against Orlando Health.” for Orlando Health, Of the handful of cases that | have defended issues: /allegations raised in the none of them have involved any of the Health case involving a Wilbur case. I’ve never defended an Orlando I’ve also never been lower back surgery, or resulting paralysis. g intra-operative neuro- involved in an Orlando H ealth case involvin owing hospital spinal monitoring, nursing issues related to the foll eon, anesthesia injury protocol, credentialing of a spine surg: or any of the other management of an emergent spine surgery, issues primarily involved in thi IS Case. ndo Health involved 10. The prior cases | helped defend for Orla nose a subarachnoid failure to diagnose stroke, failure to diag Wi nnie Palmer Hospital to be hemorrhage, obstetrics, failure of when it opened, and pediatric sufficiently prepared to handl le patien ts cased are remotely similar to the intensive care issues. None o # those issues involved in Wilbur. ehow have 11. Mr. Ford's assertion in his letter that | som tional practices’ is simply not knowledge of “Orlando Health’s ‘institu was \ ever invited to attend a accurate, | have never been present nor meeting at Orlando Health wh ere “ins titutional practices” were in drafting or assisting in drafting discussed. Nor was | ever invo Ived Any clin ical policies and the hospital’s policies and procedures. procedures that were and easily relevant to.my cases were obviously subject to discovery never once obtained by opposing counsel through discovery. I've ive attended a credentialing meeting or any other type of “administrat involved in meeting " while working at Wicker Smith, | was, of course, except the evaluation of the cases | worked on, but all of those cases, ry, | have Wilbur, have resolved, and are nowi rrelevant. In summa ndo Health that absolutely no knowledge based on m y work for Orla other than could be of any strategic value to any adversarial firm, ney through information that is already available to any competent attor the discovery process. counsel! is 12 Florida law is clear that "disqualification of a party's chosen ngly." Health an extraordinary remedy and should be resortedt ‘o spari 2d 508, 511 Care and Retirement Corp. of America v. Bradley, 944 So. (F la. 4th DCA 2006), In fact, courts across jurisdictions agree that skepticism motions for disqualification generally should be viewed with s right to because disqualification of counsel impinges on a party' employ of an attorney of their c hoice, and such motio ns are often interposed for tactical purposes. " Alexander v. Tand em Staffing 2004). The Solutions, Inc., 881 S 0. 2d 607, 608-609 (Fla. 4th DCA counsel, is a "ability to deny one's opponenttl he services of capable potent weapon". Wearing, Cox, James, Sklar and Allen, 849 F. 2d 222, 224 (6th Cir. 1988) mation 13 In summary, | have a bsolutely no inside information or other infor that requires my disqu alific ation from cases involving Orlando Health, or s firm of Diez- by extension, that requ ires the disqualification of the law Arquelles & Tejedor, P.A. ) FURTHER AFFIANT SAYETH NAUGHT ZA2 y ys - - - we / t KevittK Chase - AFFIANT STATE OF FLORIDA COUNTY OF ORANGE ? SWORN TO AND SUBS CRIBED before me this _/ ao day of May, 2017, by Kevin K. Chase, who _» /_ is personally known to me or produced _ blank as identification. Dainette Arroyo LK ino (4 Gd é (iy COMMISSIONWFF225455 EXPIRES: April 29, 2019 Notary P Www. AARQNNOWARY.OOM My Commission Expires: