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Filing # 142190341 E-Filed 01/18/2022 05:05:42 PM
IN THE CIRCUIT COURT OF THE 19"
JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR MARTIN COUNTY, FLORIDA
CASE NO. 2019-000015-CA
FREDERIC CHARLES GREER, III, and
MELISSA ANNE GREER, as Husband and
Wife, and FREDERIC CHARLES GREER, III,
and MELISSA ANNE GREER, individually,
Plaintiffs,
VS.
MARTIN MEMORIAL MEDICAL CENTER, INC.
d/b/a MARTIN MEDICAL CENTER, a Florida
Corporation, KUNAL CHAUDHRY, M.D. and
CARDIOLOGY ASSOCIATES OF STUART, P.A.,
a Florida Profit Corporation,
Defendants.
/
MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL
CENTER’S SEVENTH REQUEST FOR PRODUCTION
Defendant MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN
MEDICAL CENTER, by and through undersigned counsel and pursuant to Rule 1.350,
requests the Plaintiffs, FREDERIC CHARLES GREER, III and MELISSA ANNE GREER,
to produce for inspection, copying, or photographing by Defendant, the following documents,
showing that Plaintiff has possession, custody, and/or control of each of the documents and that
they constitute evidence without which Defendant cannot safely proceed to trial, all as is seen
more fully from an inspection of the pleadings herein.GREER V. MMMC ET AL
CASE NO, 2019-000015-CA
DEFINITIONS AND INSTRUCTIONS
Please refer to these definitions and instructions in providing your response. Unless
otherwise clearly indicated by the context thereof, the following definitions and instructions shall
apply to each of the requests set forth below:
A. “You” and/or “Your” means and any subsidiary or parent corporation or company
and their officers, directors, employees, agents, attorneys, representatives or other persons acting
on their behalf.
B. “Communication” means, without limitation, any oral, written, telephonic, radio,
video or electronic transmission of information, demands or questions, including but not limited
to conversations, meetings, discussions, telephone calls, telegrams, telecopies, telexes, seminars,
conferences, writings, letters, messages, notes, or memoranda.
Cc. “Document” or “Documents” means all “writings and recordings”. The definition
is intended to include all documents, agreements, correspondence, records, ledgers, contracts,
bills, invoices, bills of fading, inventories, financial data, memoranda, notes, or other writings,
formal or informal in nature, accounting and financial records, diaries, statements, telegrams,
draft, work papers, paper and magnetic tapes, charts, computer cards and print outs,
electronically or magnetically stored information or data, minutes, publications, calendars,
telephone pads, bulletins, directives, logs and listings, in your actual or constructive possession,
custody or control, or of which you have knowledge of the existence, and whether prepared,
published or released by you or by any other person or entity. Without limitation on the
foregoing, the term “documents” shall include any copy which differs in any respect from the
original or other versions of the documents, such as copies containing notations, insertions,
corrections, marginal notes or any variations.
Dz. “Identify” means, when used in reference to:
L An individual, to state his or her (i) full name; (ii) present or last known
home and business address, including street name and number, city or town and zip code;
(ii) present or last known position, job title and job description;
2. A person other than an individual, to state its (i) full name and type of
organization or entity; (ii) address or principal place of business; and (iii) jurisdiction and
date of incorporation or organization, if known.
3. Documents, to state (i) the name and date of the document, the name andGREER V. MMMC ET AL
CASE NO. 2019-000015-CA
address of the person(s) originating the document, the name and address, if any, of the
person(s) to whom the document is addressed, the names and addresses of all persons to
whom copies of the documents were to have been sent; and the organization, firm or
agency with which any such persons were connected as of the date of the document; and
(ii) whether “you”, “your”, and/or Plaintiff is in possession of or has under its control the
original or a copy of the document, and, if not in possession of an original or copy, the
name and address of the custodian of each original copy, and the name and address of
each person who believes presently is in possession of the original or copy of such
document. In lieu of identifying particular documents, when such identification is
requested, the document may, at Plaintiff's option, be attached to the response to this
request to produce, bearing an indication to which response or responses each document
relates.
4. Conversations, to state the date and place and approximate time of day of
the conversation, the identity of all persons in attendance, the subject matter and reasons
for the conversation, the statements made by each person, including the context in which
they were made and the identity of any writings or recordations which exist relating
thereto,
5. A claim, the name of the claimant, the nature of the claim, the names of all
parties to any lawsuit, the court number, if any, the date of the claim, the date upon which
Plaintiff first became aware of the claim, the relief sought, and the present status or final
disposition of the claim,
6. Any other item or information, to provide a particular description of the
same,
E. “Notice” shall include formal and informal notification.
F, The plural shall include the singular and the singular shall include the plural.
G. Privilege. If you contend that you are entitled to withhold information falling
within the purview of this request to produce on the basis of the attorney-client privilege, the
work-product doctrine, or any other ground, such information should be identified by providing a
description of the following:
1. Describe the subject matter of the information in enough detail to
determine the validity of the claimed privilege;GREER V. MMMC ET AL
CASE NO. 2019-000015-CA
2. Identify the person(s) who have knowledge or who have transmitted said
information;
3. State the nature and basis of the privilege or other ground claimed for
withholding the information and;
4. The date such information was transmitted to or by you.
H. Documents. If a document or documents will provide the requested information,
attach the document(s) to your responses and indicate the response to which the document(s)
is/are responsive,GREER V. MMMC ET AL
CASE NO. 2019-000015-CA.
INSTRUCTIONS
A. If in your possession, custody, or control, produced the originals of all documents
called for, as well as any and all copies of the documents which bear any mark or notation not
present on the originals.
B. In producing documents called for, segregate the documents so as to identify the
numbered request to which each such document(s) responds.
Cc. If you once had any documents called for herein which have since been destroyed
or otherwise disposed, so indicate and describe the documents by date, author(s), address(es),
and general subject matter.
Dz. If you once had any documents called for herein, but no longer do, so indicate and
describe the documents by date, author(s), address(es), and general subject matter, and indicate
the name and address of the person or entity who has possession, control or custody, or who was
last known to have possession, control or custody of the document.
E. This request is a continuing request for all documents that are now or may
hereafter come into Plaintiff's actual or constructive possession, custody or control and shall
include documents generated, created, prepared or received during the period of this request,
through the date of compliance with this request or trial, whichever is later, unless otherwise
stated.
F, For each such document that is responsive to this request and which is sought to
be withheld under a claim of privilege, the following information shall be provided:
i. The place, date (or approximate date) and the manner of record or
otherwise preparing the document;
ii. The name and title of the sender and the name and title of the recipient of
the document;
iii. A description of the subject of the document;
iv. The identity of each person or persons (other than stenographic or clerical
assistance) participating in the preparation of the documents;
v. The identity of each person to whom the contents of the document have
heretofore been communicated by copy, exhibition, sketch, reading or
substantial summarization, the dates of such said communication, and the
employer and title of the person at the time of said communication;GREER V. MMMC ET AL
CASE NO. 2019-000015-CA
vi. A statement of the basis on which privilege is claimed; and
vii. The identity and title of the person or persons supplying Plaintiff's
attorney with the information requested in subsections (i) through (vii)
above.
G. All documents produced in response to this request shall be produced in total
notwithstanding the fact that portions may contain information not requested.
H. For any documents that are stored or maintained in files in the normal course of
business, such documents shall be produced in such files, or in such a manner so as to preserve
and identify the file from which such documents were taken.GREER V. MMMC ET AL
CASE NO, 2019-000015-CA
SUPPLEMENTAL REQUESTS FOR PRODUCTION TO PLAINTIFFS
1. Color copies of screen shots and/or photographs of pathology slides created by
John T. Fallon, M.D., or on his behalf, as testified during his deposition taken on January 18,
2022.
ERTIFI
‘E OF SERVICE
WE HEREBY CERTIFY that on this 18" day of January, 2022, a copy of the foregoing
was served via the Florida E-Filing Portal to the parties on the attached service list.
By:
STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
Attorneys for MMMC
200 East Las Olas Blvd., Suite 2100
Fort Lauderdale, FL 33301
Telephone: C5 9500
Facsimile: (954)462-956
(jo
KS G. AUBIN,
RE
ubin @ stearnsweave
MATTHEW S. PODOLNICK, ESQUIRE
FBN: 112126
mpodolnick @stearnsweaver.comGREER V. MMMC ET AL
CASE NO. 2019-000015-CA
SERVICE LIST
Peter J. Somera Jr., Esq.
Paul M. Silva, M.D., Esq.
Somera & Silva, LLP
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
Phone: (561) 981-8881
Fax: (561) 981-8887
pleadings @somerasilva.com
litigation @somerasilva.com
Attorneys for Plaintiffs
Geoffrey N. Fieger, Esq.
Fieger Law
19390 West Ten Mile Road
Southfield, MI 48075
Phone: (248) 355-5555
Fax: (248) 355-5148
G.Fieger@ Fiegerlaw.com
S.Teal @Fiegerlaw.com
Co-Attorneys for Plaintiffs
Adam Richardson, Esq.
Bard D. Rockenbach, Esq.
Burlington & Rockenbach, P.A.
444 West Railroad Avenue
West Palm Beach, FL 33401
Tel: 561-721-0400
ajr@FLAppellateLaw.com
bdr@FLAppellateLaw.com
fa@FLAppellateLaw.com
Appellate attorneys for Plaintiffs
#10217621 vi
Preview
Filing # 142190341 E-Filed 01/18/2022 05:05:42 PM IN THE CIRCUIT COURT OF THE 19" JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR MARTIN COUNTY, FLORIDA CASE NO. 2019-000015-CA FREDERIC CHARLES GREER, III, and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, III, and MELISSA ANNE GREER, individually, Plaintiffs, VS. MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, M.D. and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida Profit Corporation, Defendants. / MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER’S SEVENTH REQUEST FOR PRODUCTION Defendant MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER, by and through undersigned counsel and pursuant to Rule 1.350, requests the Plaintiffs, FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, to produce for inspection, copying, or photographing by Defendant, the following documents, showing that Plaintiff has possession, custody, and/or control of each of the documents and that they constitute evidence without which Defendant cannot safely proceed to trial, all as is seen more fully from an inspection of the pleadings herein.GREER V. MMMC ET AL CASE NO, 2019-000015-CA DEFINITIONS AND INSTRUCTIONS Please refer to these definitions and instructions in providing your response. Unless otherwise clearly indicated by the context thereof, the following definitions and instructions shall apply to each of the requests set forth below: A. “You” and/or “Your” means and any subsidiary or parent corporation or company and their officers, directors, employees, agents, attorneys, representatives or other persons acting on their behalf. B. “Communication” means, without limitation, any oral, written, telephonic, radio, video or electronic transmission of information, demands or questions, including but not limited to conversations, meetings, discussions, telephone calls, telegrams, telecopies, telexes, seminars, conferences, writings, letters, messages, notes, or memoranda. Cc. “Document” or “Documents” means all “writings and recordings”. The definition is intended to include all documents, agreements, correspondence, records, ledgers, contracts, bills, invoices, bills of fading, inventories, financial data, memoranda, notes, or other writings, formal or informal in nature, accounting and financial records, diaries, statements, telegrams, draft, work papers, paper and magnetic tapes, charts, computer cards and print outs, electronically or magnetically stored information or data, minutes, publications, calendars, telephone pads, bulletins, directives, logs and listings, in your actual or constructive possession, custody or control, or of which you have knowledge of the existence, and whether prepared, published or released by you or by any other person or entity. Without limitation on the foregoing, the term “documents” shall include any copy which differs in any respect from the original or other versions of the documents, such as copies containing notations, insertions, corrections, marginal notes or any variations. Dz. “Identify” means, when used in reference to: L An individual, to state his or her (i) full name; (ii) present or last known home and business address, including street name and number, city or town and zip code; (ii) present or last known position, job title and job description; 2. A person other than an individual, to state its (i) full name and type of organization or entity; (ii) address or principal place of business; and (iii) jurisdiction and date of incorporation or organization, if known. 3. Documents, to state (i) the name and date of the document, the name andGREER V. MMMC ET AL CASE NO. 2019-000015-CA address of the person(s) originating the document, the name and address, if any, of the person(s) to whom the document is addressed, the names and addresses of all persons to whom copies of the documents were to have been sent; and the organization, firm or agency with which any such persons were connected as of the date of the document; and (ii) whether “you”, “your”, and/or Plaintiff is in possession of or has under its control the original or a copy of the document, and, if not in possession of an original or copy, the name and address of the custodian of each original copy, and the name and address of each person who believes presently is in possession of the original or copy of such document. In lieu of identifying particular documents, when such identification is requested, the document may, at Plaintiff's option, be attached to the response to this request to produce, bearing an indication to which response or responses each document relates. 4. Conversations, to state the date and place and approximate time of day of the conversation, the identity of all persons in attendance, the subject matter and reasons for the conversation, the statements made by each person, including the context in which they were made and the identity of any writings or recordations which exist relating thereto, 5. A claim, the name of the claimant, the nature of the claim, the names of all parties to any lawsuit, the court number, if any, the date of the claim, the date upon which Plaintiff first became aware of the claim, the relief sought, and the present status or final disposition of the claim, 6. Any other item or information, to provide a particular description of the same, E. “Notice” shall include formal and informal notification. F, The plural shall include the singular and the singular shall include the plural. G. Privilege. If you contend that you are entitled to withhold information falling within the purview of this request to produce on the basis of the attorney-client privilege, the work-product doctrine, or any other ground, such information should be identified by providing a description of the following: 1. Describe the subject matter of the information in enough detail to determine the validity of the claimed privilege;GREER V. MMMC ET AL CASE NO. 2019-000015-CA 2. Identify the person(s) who have knowledge or who have transmitted said information; 3. State the nature and basis of the privilege or other ground claimed for withholding the information and; 4. The date such information was transmitted to or by you. H. Documents. If a document or documents will provide the requested information, attach the document(s) to your responses and indicate the response to which the document(s) is/are responsive,GREER V. MMMC ET AL CASE NO. 2019-000015-CA. INSTRUCTIONS A. If in your possession, custody, or control, produced the originals of all documents called for, as well as any and all copies of the documents which bear any mark or notation not present on the originals. B. In producing documents called for, segregate the documents so as to identify the numbered request to which each such document(s) responds. Cc. If you once had any documents called for herein which have since been destroyed or otherwise disposed, so indicate and describe the documents by date, author(s), address(es), and general subject matter. Dz. If you once had any documents called for herein, but no longer do, so indicate and describe the documents by date, author(s), address(es), and general subject matter, and indicate the name and address of the person or entity who has possession, control or custody, or who was last known to have possession, control or custody of the document. E. This request is a continuing request for all documents that are now or may hereafter come into Plaintiff's actual or constructive possession, custody or control and shall include documents generated, created, prepared or received during the period of this request, through the date of compliance with this request or trial, whichever is later, unless otherwise stated. F, For each such document that is responsive to this request and which is sought to be withheld under a claim of privilege, the following information shall be provided: i. The place, date (or approximate date) and the manner of record or otherwise preparing the document; ii. The name and title of the sender and the name and title of the recipient of the document; iii. A description of the subject of the document; iv. The identity of each person or persons (other than stenographic or clerical assistance) participating in the preparation of the documents; v. The identity of each person to whom the contents of the document have heretofore been communicated by copy, exhibition, sketch, reading or substantial summarization, the dates of such said communication, and the employer and title of the person at the time of said communication;GREER V. MMMC ET AL CASE NO. 2019-000015-CA vi. A statement of the basis on which privilege is claimed; and vii. The identity and title of the person or persons supplying Plaintiff's attorney with the information requested in subsections (i) through (vii) above. G. All documents produced in response to this request shall be produced in total notwithstanding the fact that portions may contain information not requested. H. For any documents that are stored or maintained in files in the normal course of business, such documents shall be produced in such files, or in such a manner so as to preserve and identify the file from which such documents were taken.GREER V. MMMC ET AL CASE NO, 2019-000015-CA SUPPLEMENTAL REQUESTS FOR PRODUCTION TO PLAINTIFFS 1. Color copies of screen shots and/or photographs of pathology slides created by John T. Fallon, M.D., or on his behalf, as testified during his deposition taken on January 18, 2022. ERTIFI ‘E OF SERVICE WE HEREBY CERTIFY that on this 18" day of January, 2022, a copy of the foregoing was served via the Florida E-Filing Portal to the parties on the attached service list. By: STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Attorneys for MMMC 200 East Las Olas Blvd., Suite 2100 Fort Lauderdale, FL 33301 Telephone: C5 9500 Facsimile: (954)462-956 (jo KS G. AUBIN, RE ubin @ stearnsweave MATTHEW S. PODOLNICK, ESQUIRE FBN: 112126 mpodolnick @stearnsweaver.comGREER V. MMMC ET AL CASE NO. 2019-000015-CA SERVICE LIST Peter J. Somera Jr., Esq. Paul M. Silva, M.D., Esq. Somera & Silva, LLP 2255 Glades Road, Suite 232W Boca Raton, FL 33431 Phone: (561) 981-8881 Fax: (561) 981-8887 pleadings @somerasilva.com litigation @somerasilva.com Attorneys for Plaintiffs Geoffrey N. Fieger, Esq. Fieger Law 19390 West Ten Mile Road Southfield, MI 48075 Phone: (248) 355-5555 Fax: (248) 355-5148 G.Fieger@ Fiegerlaw.com S.Teal @Fiegerlaw.com Co-Attorneys for Plaintiffs Adam Richardson, Esq. Bard D. Rockenbach, Esq. Burlington & Rockenbach, P.A. 444 West Railroad Avenue West Palm Beach, FL 33401 Tel: 561-721-0400 ajr@FLAppellateLaw.com bdr@FLAppellateLaw.com fa@FLAppellateLaw.com Appellate attorneys for Plaintiffs #10217621 vi