Preview
Filing # 141940518 E-Filed 01/13/2022 01:44:37 PM
IN THE CIRCUIT COURT OF THE
19" JUDICIAL CIRCUIT IN AND
FOR MARTIN COUNTY, FLORIDA
CASE NO: 2019-CA-000015
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.
/
DEFENDANT, MARTIN MEMORIAL MEDICAL CENTER, INC. D/B/A MARTIN
MEDICAL CENTER’S, MOTION TO COMPEL DATES FOR THE UPDATED
DEPOSITIONS OF PLAINTIFFS AND DR. SUITE
Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN
MEDICAL CENTER (“MMMC”), by and through the undersigned counsel, pursuant to the
applicable Florida Rules of Civil Procedure, files this Motion to Compel Dates for the Updated
Depositions of Plaintiffs, Frederic Charles Greer, III and Melissa Anne Greer, and Dr. Nicholas
Suite and states the following:
1. On June 3, 2019, counsel for MMMC took the depositions of the Plaintiffs, Frederic
Charles Greer, I[l and Melissa Anne Greer. On December 3, 2019, counsel for MMMC took the
deposition of Nicholas Suite, M.D., Plaintiffs’ neurology expert.2. On May 6, 2021, counsel for MMMC received updated medical records from Dr.
Nicholas Suite pertaining to his care and treatment of Mr. Greer in September of 2020, and
February of 2021.
3. On May 7, 2021, counsel for MMMC emailed counsel for Plaintiffs requesting
dates for the updated depositions of the Plaintiffs and Dr. Suite. See Emails, attached hereto as
Composite Exhibit “A.”
4. On May 13, 2021, counsel for MMMC wrote to counsel for Plaintiffs following up
on MMMC’s request for dates for the updated depositions of Plaintiffs and Dr. Suite. See Letter,
attached hereto as Exhibit “B.”
5. On May 17, 2021, counsel for MMMC filed a Motion to Compel dates for the
updated depositions of Plaintiffs and Dr. Suite. See Motion to Compel, attached hereto as Exhibit
“co”
6. Subsequently, this case was removed from the July 6, 2021 trial docket and
rescheduled for the March 7, 2022 trial docket. See Order Granting Continuance, attached hereto
as Exhibit “D.”
7. On November 15, 2021, counsel for MMMC again requested dates for the updated
depositions of Plaintiffs, Dr. Suite, and Andrew Garrett. See Letter attached hereto as Exhibit “E.”
8. Plaintiffs responded, providing dates for the deposition of Andrew Garrett only. See
Email, attached hereto as Exhibit “F.” To date, Plaintiffs have never provided dates for the
updated depositions of Plaintiffs and Dr. Suite.
9. This case is special set for trial beginning on March 7, 2022. MMMC has been
prejudiced by Plaintiffs’ failure to provide dates as MMMC cannot prepare for trial without the
updated depositions of Plaintiffs and Dr. Suite.WHEREFORE Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a
MARTIN MEDICAL CENTER, respectfully requests this Honorable Court to enter an order
compelling Plaintiffs to provide dates for the updated depositions of Dr. Suite and Plaintiffs within
five (5) days from the entry of this order, and any other relief this Court deems just and proper.
CERTIFICATE OF SERVICE
wh
WE HEREBY CERTIFY that on this Be 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.
STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
Attorneys for Martin Memorial Medical Center, Inc.
200 East Las Olas Blvd., Suite 2100
Fort Lauderdale, FL 33301
Phone: (954) 462-9500
Fax: (954) 462-9567
FBN: 008060
taubin @stearnsweaver.com
MATTHEW S. PODOLNICK, ESQUIRE
FBN: 112126
mpodolnick @stearnsweaver.comAmanda Spencer
From: Maria Petruk
Sent: Friday, May 7, 2021 2:46 PM
To: ‘Silvia Martinez’; Thomas Aubin; Matthew Podolnick; Amanda Spencer; Katia Netto;
‘scheduling’; Legal Assistant 4; 'kpuya@puyalaw.com’
Cc: Paul Silva; Peter Somera; Joe Sarakinis; 'S.Teal@Fiegerlaw.com’;
‘g.fieger@fiegerlaw.com’
Subject: RE: Greer v. MMMC, et al - Hearing on M to Compel
Please provide dates for taking an update deposition of Dr. Suite.
Regards,
Maria Petruk, Legal Assistant to
Thomas G. Aubin, Esq.,
Matthew S. Podolnick, Esq. and
Amanda L. Spencer, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
200 East Las Olas Boulevard, Suite 2100
Ft. Lauderdale, FL 33301
Direct Number: 954-462-9521
Main Number: 954-462-9500
Email: mpetruk@stearnsweaver.com
www.stearnsweaver.com
From: Silvia Martinez
Sent: Friday, May 7, 2021 1:08 PM
To: Maria Petruk ; Thomas Aubin ; Matthew Podolnick
; Amanda Spencer ; Katia Netto
; ‘scheduling’ ; Legal Assistant 4
; 'kpuya@puyalaw.com’
Cc: Paul Silva ; Peter Somera ; Joe Sarakinis
; 'S.Teal@Fiegerlaw.com' ; 'g.fieger@fiegerlaw.com'
Subject: Greer v. MMMC, et al - Hearing on M to Compel
Attached please find the records of Frederic Greer from Nicholas Suite, MD.
Thank you.
Silvia Martinez,
Paralegal for
Mr. Peter J. Somera, Jr., Esq. &
Mr. Paul M. Silva, M.D., Esq.
Somera & Silva, LLP
One Boca Place
2255 Glades Road, Suite 232W EXHIBIT
Boca Raton, FL 33431 i &Telephone - 561.981.8881
Facsimile - 561.981.8887
Email - silvia@so1 i
www.somera:
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS, OR ANY OTHER MATTER REQUIRING URGENT ATTENTION TO THIS SENDER'S
EMAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY FLA.R.CIV.P 2.516. ALL SUCH NOTICES,
PLEADINGS OR MOTIONS MUST BE SENT TO pleadings@somerasilva.com.
Please send all emails regarding scheduling and correspondence to Silvia@somerasilva.com.
ATTORNEY-CLIENT AND/OR WORK PRODUCT PRIVILEGED MATERIAL. This message is intended only for the individual or entity to which itis addressed and may
contain information thatis privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee
or agent responsible for delivering the message solely to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication
is strictly prohibited. If you have received this communication in error, please notify the Somera & Silva, LLP immediately by telephone or return e-mail and then delete this
commumication immediately. Thank you.
aa please consider the environment before printing this e-mail
From: Maria Petruk
Ce: Paul Silva Peter Somera ; ‘scheduling’
; Legal Assistant 4 ; 'kpuya@puyalaw.com'
; Thomas Aubin ; Matthew Podolnick
; Amanda Spencer ; Katia Netto
Subject: Greer v. MMMC, et al - Hearing on M to Compel
We would like to set our motion to compel for a motion calendar hearing. This month Judge Sweet has availability only
on May 12". Please advise at your earliest convenience if you can be available on that day.
Regards,
Maria Petruk, Legal Assistant to
Thomas G. Aubin, Esq.,
Matthew S. Podolnick, Esq. and
Amanda L. Spencer, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
200 East Las Olas Boulevard, Suite 2100
Ft. Lauderdale, FL 33301
Direct Number: 954-462-9521
Main Number: 954-462-9500
Email: mpetruk@stearnsweaver.com
www.stearnsweaver.com
CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the
individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this
communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the
original message. Thank you.Amanda Spencer
eR LLL RL LLL LST
From: Maria Petruk
Sent: Friday, May 7, 2021 1:26 PM
To: ‘Silvia Martinez’
Ce: ‘scheduling’; ‘Legal Assistant 4'; ‘Peter Somera’; ‘Paul Silva’; ‘kpuya@puyalaw.com’;
‘Hector Buigas'; Thomas Aubin; Matthew Podolnick; Amanda Spencer; Katia Netto
Subject: Depositions of Plaintiffs, Frederic and Melissa Greer
We would like to take update depositions of Plaintiffs, Frederic and Melissa Greer. Please provide dates of availability.
Regards,
Maria Petruk, Legal Assistant to
Thomas G. Aubin, Esq.,
Matthew S. Podolnick, Esq. and
Amanda L. Spencer, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
200 East Las Olas Boulevard, Suite 2100
Ft. Lauderdale, FL 33301
Direct Number: 954-462-9521
Main Number: 954-462-9500
Email: mpetruk@stearnsweaver.com
www.stearnsweaver.comSTEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, Pa.
Matthew S. Podolnick, Esq.
200 East Las Olas Boulevard, Suite 2100
Fort Lauderdale, FL 33301
Direct: (954) 462-9543
Fax: (954) 462-9567
Email: mpodolnick@stearnsweaver.com
May 13, 2021
Via e-Mail Delivery: peter@somerasilva.com; paul@somerasilva.com; silvia@ somerasilva.com
Peter J. Somera Jr., Esq.
Paul M. Silva, M.D., Esq.
Somera & Silva, LLP
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
RE: | Greer v. Martin Memorial Medical Center, et al
Depositions of Dr. Suite and the Plaintiffs
Counselors:
On May 7, 2021, we requested dates for the updated depositions of Dr. Suite and Plaintiffs,
Frederic and Melissa Greer. We have yet to receive a response, Please provide dates for the
requested updated depositions by the end of business on May 15, 2021, or we will have no choice
but to seek the Court’s involvement.
Please do not hesitate to contact me with any questions.
Very trul
W S. Podolnick
For the Firm
MSP/mp
EXHIBIT
MIAME * TAMPA *® FORT LAUDERDALE * TALLAHASSEE ® CORAL G ~ 4 ~Filing # 126951187 E-Filed 05/17/2021 03:18:10 PM
IN THE CIRCUIT COURT OF THE
19" JUDICIAL CIRCUIT IN AND
FOR MARTIN COUNTY, FLORIDA
CASE NO: 2019-CA-000015
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.
/
DEFENDANT, MARTIN MEMORIAL MEDICAL CENTER, INC. D/B/A MARTIN
MEDICAL CENTER’S, MOTION TO COMPEL DATES FOR THE UPDATED
DEPOSITIONS OF THE PLAINTIFFS AND DR. NICHOLAS SUITE
COMES NOW Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a
MARTIN MEDICAL CENTER (“MMMC”), by and through the undersigned counsel, pursuant
to the applicable Florida Rules of Civil Procedure, files this Motion to Compel Dates for the
Updated Depositions of Nicholas Suite, M.D. and Plaintiffs, Frederic Charles Greer, I and
Melissa Anne Greer, and states the following:
1. On June 3, 2019, counsel for MMMC took the depositions of the Plaintiffs, Frederic
Charles Greer, II and Melissa Anne Greer. On December 3, 2019, counsel for MMMC took the
deposition of Nicholas Suite, M.D., Plaintiffs’ neurology expert.
EXHIBIT
i ¢2. On May 6, 2021, counsel for MMMC received updated medical records from Dr.
Nicholas Suite pertaining to his care and treatment of Mr. Greer in September of 2020, and
February of 2021.
3. On May 7, 2021, counsel for MMMC emailed counsel for Plaintiffs requesting
dates for the updated depositions of the Plaintiffs and Dr. Suite. See Emails, attached hereto as
Composite Exhibit “A.”
4, On May 13, 2021, counsel for MMMC wrote to counsel for Plaintiffs following up
on MMMC’s request for dates for the updated depositions of Plaintiffs and Dr. Suite. See Letter,
attached hereto as Exhibit “B.”
5. To date, counsel for MMMC has received no response.
6. This case is special set for trial beginning on July 6, 2021. MMMC has been
prejudiced by Plaintiffs’ failure to provide dates as MMMC cannot prepare for trial without the
updated depositions of Plaintiffs and Dr. Suite.
WHEREFORE Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a
MARTIN MEDICAL CENTER, respectfully requests this Honorable Court to enter an order
compelling Plaintiffs to provide dates for the updated depositions of Dr. Suite and Plaintiffs within
five (5) days from the entry of this order, and any other relief this Court deems just and proper.CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this tay of May, 2021, a copy of the foregoing was
served via the Florida E-Filing Portal to the parties on the attached service list.
STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
Attorneys for Martin Memorial Medical Center, Inc.
200 East Las Olas Blvd., Suite 2100
Fort Lauderdale, FL 33301
Phone: (954) 462-9500
Fax: (954) 462-9567
By:
FBN: 008060
taubin @stearnsweaver.com
MATTHEW S. PODOLNICK, ESQUIRE
FBN: 112126
mpodolnick @stearnsweaver.comSERVICE 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 @some z
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
Keith J. Puya, Esq.
Hector R. Buigas, Esq.
Law Offices of Keith J. Puya, P.A.
4880 Donald Ross Road, Suite 225
Palm Beach Gardens, FL 33418
Phone: (561) 408-3772
Fax: (561) 408-3759
eservice@puyalaw.com
Attorneys for Defendants Kunal Chaudhry,
M.D. and Cardiology Associates of Stuart,
PA,
Dinah Stein, Esq.
Hicks, Poerter, Ebenfeld & Stein
799 Brickell Plaza, 9" Floor
Miami, FL 33131
Phone: (305) 375-8171
dstein@mhickslaw.com
Attorneys for Defendants Kunal Chaudhry,
M.D. and Cardiology Associates of Stuart,
PA.
#9482137 viFiling # 127767185 E-Filed 05/28/2021 02:11:21 PM
IN THE CIRCUIT COURT OF THE 197" JUDICIAL CIRCUIT
IN AND FOR MARTIN COUNTY, FLORIDA
FREDERIC CHARLES GREER, III and CASE NO.: 2019CA000015
MELISSA ANNE GREER, as Husband and Wife,
and FREDERIC CHARLES GREER, Ill and
MELISSA ANNE GREER, individually,
Plaintiffs,
vs.
MARTIN MEMORIAL MEDICAL CENTER, INC.,
D/B/A MARTIN MEDICAL CENTER, a Florida
Corporation, et al.
Defendants.
/
ORDER GRANTING CONTINUANCE AND RESETTING JURY TRIAL
AND SCHEDULING STATUS HEARING
This matter came before the Court on Plaintiffs’ Motion for Continuance of Trial (“Motion”), and
the Court being otherwise advised in the premises, it is hereby
ORDERED AND ADJUDGED the Motion is granted and the case is stricken from the July 6,
2021 trial docket and is rescheduled for trial at the date and time listed below, before Circuit Judge Gary
L. Sweet.
TRIAL WEEKS: March 7, 2022 through March 25, 2022 (3-weeks)
TRIAL TIME: 9:30 A.M.
PLACE: Martin County Courthouse
100 East Ocean Boulevard | Courtroom A3-1
Stuart, FL 34994
POSITION: 1
UNLESS THE CASE IS SETTLED PRIOR TO THE DATE SET FOR TRIAL, COUNSEL AND PARTIES
MUST APPEAR FOR TRIAL. IT IS UNACCEPTABLE TO ANNOUNCE TO THE COURT THAT
COUNSEL IS NOT READY TO PROCEED TO TRIAL. If your case is called up for trial and you do
not appear or are not ready for trial, the case will be dismissed if you represent the plaintiff, or a
default entered if you represent the defense.
1. PRESENCE OF COUNSEL
If pro se Plaintiff, or Plaintiff's counsel fails to appear for trial, then the complaint may be dismissed
by the court. If pro se Defendant, or Defendant's counsel fails to appear for trial, then the court may enter
a default against Defendant.
Ml. WITNESSES AND EXHIBITS
A list of the names and addresses of all witnesses to be presented at trial, and a list of all exhibits
to be entered into evidence at trial shall be forwarded to opposing counsel or pro se party within fifteen
(15) days of the date of this order.
All. COURT REPORTER
All trials must be reported. Counsel for the Plaintiff is responsible for having a EXHIBIT
present. Failure to do so may be grounds for cancellation of the trial, and may be consider
for sanctions. D\V. CASE DISPOSITIONS
If at any time after the entry of this order, this case is dismissed, or results in a completed
settlement, Counsel must immediately notify Judge Sweet's Office at 772-463-3281 or by sending an
email to: MCJudge3@circuit19.org to remove the case from the trial docket. (Due to the volume of cases
pending, Counsel should not assume that the submission of a copy of the dismissal or the settlement
paperwork would satisfy this requirement. Counsel must make the notification by telephone or brief
letter). Counsel must expeditiously file all paperwork necessary to close the case.
V. CASE TRACKING
It is counsel's responsibility to track your case position on the Trial Docket. Please do not call the
Judicial Assistant for updates on the Trial Dockets or Trial Dates - all are posted on the website for your
convenience.
Vi. STATUS HEARING!
A status hearing is scheduled for December 2, 2021 at 9:00 a.m. Counsel may appear via
CourtCall. Counsel must register with CourtCall no later than 2-business days prior to the Status hearing
date.
If an attorney or party requires an order extending the life of their trial subpoenas, they may submit
one as needed.
ANY MOTION TO CONTINUE MUST COMPLY WITH FLORIDA RULE OF CIVIL PROCEDURE 1.460,
INCLUDING REQUIREMENT OF SIGNATURE BY THE PARTY REQUESTING CONTINUANCE.
DONE AND ORDERED in Chambers in Martin County, Florida this_3 & _ day of May, 2021.
anon L. ee:
Copies furnished via the e-portal to:
Paul M. Silva, MD, Esq.
Peter J. Somera, Jr., Esq.
Geoffrey Fieger, Esq.
Thomas G. Aubin, Esq.
Keith J. Puya, Esq.
Hector R. Buigas, Esq.
Dinah Stein, Esq.
Hicks, Porter, Ebenfeld & Stein, PA
Adam J. Richardson, Esq.
Bard Rockenbach, Esq.
| Please see Administrative Order 2021-05; Compliance is required. For cases filed before April 30, 2021, the
completed case management plan and order must be submitted to Judge Sweet by Plaintiff/Plaintiff's counsel for
final approval no later than December 3, 2021.STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, Pa.
Thomas G. Aubin, Esq.
200 East Las Olas Boulevard, Suite 2100
Fort Lauderdale, FL 33301
Direct: (954) 462-9556
Fax: (954) 462-9567
Email: taubin@stearnsweaver.com
November 15, 2021
Via e-Mail Delivery: peter@somerasilva.com; paul@ somerasilva.com; sil via @ somerasilya.com
Peter J. Somera Jr., Esq.
Paul M. Silva, M.D., Esq.
Somera & Silva, LLP
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
RE: — Greer v. Martin Memorial Medical Center, et al
Outstanding Depositions
Counselors:
Please provide dates for the deposition of Dr. Suite and the update depositions of Andrew Garrett,
and Plaintiffs, Frederic and Melissa Greer, to take place in January.
Please do not hesitate to contact me with any questions.
Very syuly yours,
Thomas G. Aubin
For the Firm
MSP/Yals
EXHIBIT
#10022779 v1 3
gAmanda Spencer
ss
From: Silvia Martinez
Sent: Monday, November 22, 2021 2:55 PM
To: Maria Petruk; Thomas Aubin; Matthew Podolnick; Amanda Spencer; Katia Netto
Cc: Peter Somera; Paul Silva; Joe Sarakinis; 'g.fieger@fiegerlaw.com’;
'S.Teal@Fiegerlaw.com'
Subject: Greer vs. Martin Memorial Medical Center, Inc., d/b/a Martin Medical Center
John Fallion, MD is available for his continued deposition on the following dates and times via Zoom.
December 1 2:00 pm
December 6 12:00 pm
Andrew Garrett is available for his updated deposition on the following dates starting at 10:00 am via Zoom.
December 29, 30
January 4, 5, 7, or 10
Please advise your availability.
Thank you.
Silvia Martinez,
Paralegal for
Mr. Peter J. Somera, Jr., Esq. &
Mr. Paul M. Silva, M.D., Esq.
Somera & Silva, LLP
One Boca Place
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
Telephone - 561.981.8881
Facsimile - 561.981.8887
lvia@somerasilva.com
DO NOT SEND NOTICES, MOTIONS OR PLEADINGS, OR ANY OTHER MATTER REQUIRING URGENT ATTENTION TO THIS SENDER'S
EMAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY FLA.R.CIV.P 2.516. ALL SUCH NOTICES,
PLEADINGS OR MOTIONS MUST BE SENT TO pleadings@somerasilva.com.
Please send all emails regarding scheduling and correspondence to Silvia@somerasilva.com.
ATTORNEY—CLIENT AND/OR WORK PRODUCT PRIVILEGED MATERIAL. This message is intended only for the individual or
entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure
under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for
delivering the message solely to the intended recipient, you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received this communication in errg pace i
Somera & Silva, LLP immediately by telephone or return e-mail and then delete this communication,
you.= please consider the environment before printing this e-mail
Preview
Filing # 141940518 E-Filed 01/13/2022 01:44:37 PM IN THE CIRCUIT COURT OF THE 19" JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA CASE NO: 2019-CA-000015 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. / DEFENDANT, MARTIN MEMORIAL MEDICAL CENTER, INC. D/B/A MARTIN MEDICAL CENTER’S, MOTION TO COMPEL DATES FOR THE UPDATED DEPOSITIONS OF PLAINTIFFS AND DR. SUITE Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER (“MMMC”), by and through the undersigned counsel, pursuant to the applicable Florida Rules of Civil Procedure, files this Motion to Compel Dates for the Updated Depositions of Plaintiffs, Frederic Charles Greer, III and Melissa Anne Greer, and Dr. Nicholas Suite and states the following: 1. On June 3, 2019, counsel for MMMC took the depositions of the Plaintiffs, Frederic Charles Greer, I[l and Melissa Anne Greer. On December 3, 2019, counsel for MMMC took the deposition of Nicholas Suite, M.D., Plaintiffs’ neurology expert.2. On May 6, 2021, counsel for MMMC received updated medical records from Dr. Nicholas Suite pertaining to his care and treatment of Mr. Greer in September of 2020, and February of 2021. 3. On May 7, 2021, counsel for MMMC emailed counsel for Plaintiffs requesting dates for the updated depositions of the Plaintiffs and Dr. Suite. See Emails, attached hereto as Composite Exhibit “A.” 4. On May 13, 2021, counsel for MMMC wrote to counsel for Plaintiffs following up on MMMC’s request for dates for the updated depositions of Plaintiffs and Dr. Suite. See Letter, attached hereto as Exhibit “B.” 5. On May 17, 2021, counsel for MMMC filed a Motion to Compel dates for the updated depositions of Plaintiffs and Dr. Suite. See Motion to Compel, attached hereto as Exhibit “co” 6. Subsequently, this case was removed from the July 6, 2021 trial docket and rescheduled for the March 7, 2022 trial docket. See Order Granting Continuance, attached hereto as Exhibit “D.” 7. On November 15, 2021, counsel for MMMC again requested dates for the updated depositions of Plaintiffs, Dr. Suite, and Andrew Garrett. See Letter attached hereto as Exhibit “E.” 8. Plaintiffs responded, providing dates for the deposition of Andrew Garrett only. See Email, attached hereto as Exhibit “F.” To date, Plaintiffs have never provided dates for the updated depositions of Plaintiffs and Dr. Suite. 9. This case is special set for trial beginning on March 7, 2022. MMMC has been prejudiced by Plaintiffs’ failure to provide dates as MMMC cannot prepare for trial without the updated depositions of Plaintiffs and Dr. Suite.WHEREFORE Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER, respectfully requests this Honorable Court to enter an order compelling Plaintiffs to provide dates for the updated depositions of Dr. Suite and Plaintiffs within five (5) days from the entry of this order, and any other relief this Court deems just and proper. CERTIFICATE OF SERVICE wh WE HEREBY CERTIFY that on this Be 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. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Attorneys for Martin Memorial Medical Center, Inc. 200 East Las Olas Blvd., Suite 2100 Fort Lauderdale, FL 33301 Phone: (954) 462-9500 Fax: (954) 462-9567 FBN: 008060 taubin @stearnsweaver.com MATTHEW S. PODOLNICK, ESQUIRE FBN: 112126 mpodolnick @stearnsweaver.comAmanda Spencer From: Maria Petruk Sent: Friday, May 7, 2021 2:46 PM To: ‘Silvia Martinez’; Thomas Aubin; Matthew Podolnick; Amanda Spencer; Katia Netto; ‘scheduling’; Legal Assistant 4; 'kpuya@puyalaw.com’ Cc: Paul Silva; Peter Somera; Joe Sarakinis; 'S.Teal@Fiegerlaw.com’; ‘g.fieger@fiegerlaw.com’ Subject: RE: Greer v. MMMC, et al - Hearing on M to Compel Please provide dates for taking an update deposition of Dr. Suite. Regards, Maria Petruk, Legal Assistant to Thomas G. Aubin, Esq., Matthew S. Podolnick, Esq. and Amanda L. Spencer, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 200 East Las Olas Boulevard, Suite 2100 Ft. Lauderdale, FL 33301 Direct Number: 954-462-9521 Main Number: 954-462-9500 Email: mpetruk@stearnsweaver.com www.stearnsweaver.com From: Silvia Martinez Sent: Friday, May 7, 2021 1:08 PM To: Maria Petruk ; Thomas Aubin ; Matthew Podolnick ; Amanda Spencer ; Katia Netto ; ‘scheduling’ ; Legal Assistant 4 ; 'kpuya@puyalaw.com’ Cc: Paul Silva ; Peter Somera ; Joe Sarakinis ; 'S.Teal@Fiegerlaw.com' ; 'g.fieger@fiegerlaw.com' Subject: Greer v. MMMC, et al - Hearing on M to Compel Attached please find the records of Frederic Greer from Nicholas Suite, MD. Thank you. Silvia Martinez, Paralegal for Mr. Peter J. Somera, Jr., Esq. & Mr. Paul M. Silva, M.D., Esq. Somera & Silva, LLP One Boca Place 2255 Glades Road, Suite 232W EXHIBIT Boca Raton, FL 33431 i &Telephone - 561.981.8881 Facsimile - 561.981.8887 Email - silvia@so1 i www.somera: DO NOT SEND NOTICES, MOTIONS OR PLEADINGS, OR ANY OTHER MATTER REQUIRING URGENT ATTENTION TO THIS SENDER'S EMAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY FLA.R.CIV.P 2.516. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO pleadings@somerasilva.com. Please send all emails regarding scheduling and correspondence to Silvia@somerasilva.com. ATTORNEY-CLIENT AND/OR WORK PRODUCT PRIVILEGED MATERIAL. This message is intended only for the individual or entity to which itis addressed and may contain information thatis privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message solely to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the Somera & Silva, LLP immediately by telephone or return e-mail and then delete this commumication immediately. Thank you. aa please consider the environment before printing this e-mail From: Maria Petruk Ce: Paul Silva Peter Somera ; ‘scheduling’ ; Legal Assistant 4 ; 'kpuya@puyalaw.com' ; Thomas Aubin ; Matthew Podolnick ; Amanda Spencer ; Katia Netto Subject: Greer v. MMMC, et al - Hearing on M to Compel We would like to set our motion to compel for a motion calendar hearing. This month Judge Sweet has availability only on May 12". Please advise at your earliest convenience if you can be available on that day. Regards, Maria Petruk, Legal Assistant to Thomas G. Aubin, Esq., Matthew S. Podolnick, Esq. and Amanda L. Spencer, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 200 East Las Olas Boulevard, Suite 2100 Ft. Lauderdale, FL 33301 Direct Number: 954-462-9521 Main Number: 954-462-9500 Email: mpetruk@stearnsweaver.com www.stearnsweaver.com CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you.Amanda Spencer eR LLL RL LLL LST From: Maria Petruk Sent: Friday, May 7, 2021 1:26 PM To: ‘Silvia Martinez’ Ce: ‘scheduling’; ‘Legal Assistant 4'; ‘Peter Somera’; ‘Paul Silva’; ‘kpuya@puyalaw.com’; ‘Hector Buigas'; Thomas Aubin; Matthew Podolnick; Amanda Spencer; Katia Netto Subject: Depositions of Plaintiffs, Frederic and Melissa Greer We would like to take update depositions of Plaintiffs, Frederic and Melissa Greer. Please provide dates of availability. Regards, Maria Petruk, Legal Assistant to Thomas G. Aubin, Esq., Matthew S. Podolnick, Esq. and Amanda L. Spencer, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 200 East Las Olas Boulevard, Suite 2100 Ft. Lauderdale, FL 33301 Direct Number: 954-462-9521 Main Number: 954-462-9500 Email: mpetruk@stearnsweaver.com www.stearnsweaver.comSTEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, Pa. Matthew S. Podolnick, Esq. 200 East Las Olas Boulevard, Suite 2100 Fort Lauderdale, FL 33301 Direct: (954) 462-9543 Fax: (954) 462-9567 Email: mpodolnick@stearnsweaver.com May 13, 2021 Via e-Mail Delivery: peter@somerasilva.com; paul@somerasilva.com; silvia@ somerasilva.com Peter J. Somera Jr., Esq. Paul M. Silva, M.D., Esq. Somera & Silva, LLP 2255 Glades Road, Suite 232W Boca Raton, FL 33431 RE: | Greer v. Martin Memorial Medical Center, et al Depositions of Dr. Suite and the Plaintiffs Counselors: On May 7, 2021, we requested dates for the updated depositions of Dr. Suite and Plaintiffs, Frederic and Melissa Greer. We have yet to receive a response, Please provide dates for the requested updated depositions by the end of business on May 15, 2021, or we will have no choice but to seek the Court’s involvement. Please do not hesitate to contact me with any questions. Very trul W S. Podolnick For the Firm MSP/mp EXHIBIT MIAME * TAMPA *® FORT LAUDERDALE * TALLAHASSEE ® CORAL G ~ 4 ~Filing # 126951187 E-Filed 05/17/2021 03:18:10 PM IN THE CIRCUIT COURT OF THE 19" JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA CASE NO: 2019-CA-000015 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. / DEFENDANT, MARTIN MEMORIAL MEDICAL CENTER, INC. D/B/A MARTIN MEDICAL CENTER’S, MOTION TO COMPEL DATES FOR THE UPDATED DEPOSITIONS OF THE PLAINTIFFS AND DR. NICHOLAS SUITE COMES NOW Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER (“MMMC”), by and through the undersigned counsel, pursuant to the applicable Florida Rules of Civil Procedure, files this Motion to Compel Dates for the Updated Depositions of Nicholas Suite, M.D. and Plaintiffs, Frederic Charles Greer, I and Melissa Anne Greer, and states the following: 1. On June 3, 2019, counsel for MMMC took the depositions of the Plaintiffs, Frederic Charles Greer, II and Melissa Anne Greer. On December 3, 2019, counsel for MMMC took the deposition of Nicholas Suite, M.D., Plaintiffs’ neurology expert. EXHIBIT i ¢2. On May 6, 2021, counsel for MMMC received updated medical records from Dr. Nicholas Suite pertaining to his care and treatment of Mr. Greer in September of 2020, and February of 2021. 3. On May 7, 2021, counsel for MMMC emailed counsel for Plaintiffs requesting dates for the updated depositions of the Plaintiffs and Dr. Suite. See Emails, attached hereto as Composite Exhibit “A.” 4, On May 13, 2021, counsel for MMMC wrote to counsel for Plaintiffs following up on MMMC’s request for dates for the updated depositions of Plaintiffs and Dr. Suite. See Letter, attached hereto as Exhibit “B.” 5. To date, counsel for MMMC has received no response. 6. This case is special set for trial beginning on July 6, 2021. MMMC has been prejudiced by Plaintiffs’ failure to provide dates as MMMC cannot prepare for trial without the updated depositions of Plaintiffs and Dr. Suite. WHEREFORE Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER, respectfully requests this Honorable Court to enter an order compelling Plaintiffs to provide dates for the updated depositions of Dr. Suite and Plaintiffs within five (5) days from the entry of this order, and any other relief this Court deems just and proper.CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this tay of May, 2021, a copy of the foregoing was served via the Florida E-Filing Portal to the parties on the attached service list. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Attorneys for Martin Memorial Medical Center, Inc. 200 East Las Olas Blvd., Suite 2100 Fort Lauderdale, FL 33301 Phone: (954) 462-9500 Fax: (954) 462-9567 By: FBN: 008060 taubin @stearnsweaver.com MATTHEW S. PODOLNICK, ESQUIRE FBN: 112126 mpodolnick @stearnsweaver.comSERVICE 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 @some z 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 Keith J. Puya, Esq. Hector R. Buigas, Esq. Law Offices of Keith J. Puya, P.A. 4880 Donald Ross Road, Suite 225 Palm Beach Gardens, FL 33418 Phone: (561) 408-3772 Fax: (561) 408-3759 eservice@puyalaw.com Attorneys for Defendants Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, PA, Dinah Stein, Esq. Hicks, Poerter, Ebenfeld & Stein 799 Brickell Plaza, 9" Floor Miami, FL 33131 Phone: (305) 375-8171 dstein@mhickslaw.com Attorneys for Defendants Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, PA. #9482137 viFiling # 127767185 E-Filed 05/28/2021 02:11:21 PM IN THE CIRCUIT COURT OF THE 197" JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA FREDERIC CHARLES GREER, III and CASE NO.: 2019CA000015 MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, Ill and MELISSA ANNE GREER, individually, Plaintiffs, vs. MARTIN MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEDICAL CENTER, a Florida Corporation, et al. Defendants. / ORDER GRANTING CONTINUANCE AND RESETTING JURY TRIAL AND SCHEDULING STATUS HEARING This matter came before the Court on Plaintiffs’ Motion for Continuance of Trial (“Motion”), and the Court being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED the Motion is granted and the case is stricken from the July 6, 2021 trial docket and is rescheduled for trial at the date and time listed below, before Circuit Judge Gary L. Sweet. TRIAL WEEKS: March 7, 2022 through March 25, 2022 (3-weeks) TRIAL TIME: 9:30 A.M. PLACE: Martin County Courthouse 100 East Ocean Boulevard | Courtroom A3-1 Stuart, FL 34994 POSITION: 1 UNLESS THE CASE IS SETTLED PRIOR TO THE DATE SET FOR TRIAL, COUNSEL AND PARTIES MUST APPEAR FOR TRIAL. IT IS UNACCEPTABLE TO ANNOUNCE TO THE COURT THAT COUNSEL IS NOT READY TO PROCEED TO TRIAL. If your case is called up for trial and you do not appear or are not ready for trial, the case will be dismissed if you represent the plaintiff, or a default entered if you represent the defense. 1. PRESENCE OF COUNSEL If pro se Plaintiff, or Plaintiff's counsel fails to appear for trial, then the complaint may be dismissed by the court. If pro se Defendant, or Defendant's counsel fails to appear for trial, then the court may enter a default against Defendant. Ml. WITNESSES AND EXHIBITS A list of the names and addresses of all witnesses to be presented at trial, and a list of all exhibits to be entered into evidence at trial shall be forwarded to opposing counsel or pro se party within fifteen (15) days of the date of this order. All. COURT REPORTER All trials must be reported. Counsel for the Plaintiff is responsible for having a EXHIBIT present. Failure to do so may be grounds for cancellation of the trial, and may be consider for sanctions. D\V. CASE DISPOSITIONS If at any time after the entry of this order, this case is dismissed, or results in a completed settlement, Counsel must immediately notify Judge Sweet's Office at 772-463-3281 or by sending an email to: MCJudge3@circuit19.org to remove the case from the trial docket. (Due to the volume of cases pending, Counsel should not assume that the submission of a copy of the dismissal or the settlement paperwork would satisfy this requirement. Counsel must make the notification by telephone or brief letter). Counsel must expeditiously file all paperwork necessary to close the case. V. CASE TRACKING It is counsel's responsibility to track your case position on the Trial Docket. Please do not call the Judicial Assistant for updates on the Trial Dockets or Trial Dates - all are posted on the website for your convenience. Vi. STATUS HEARING! A status hearing is scheduled for December 2, 2021 at 9:00 a.m. Counsel may appear via CourtCall. Counsel must register with CourtCall no later than 2-business days prior to the Status hearing date. If an attorney or party requires an order extending the life of their trial subpoenas, they may submit one as needed. ANY MOTION TO CONTINUE MUST COMPLY WITH FLORIDA RULE OF CIVIL PROCEDURE 1.460, INCLUDING REQUIREMENT OF SIGNATURE BY THE PARTY REQUESTING CONTINUANCE. DONE AND ORDERED in Chambers in Martin County, Florida this_3 & _ day of May, 2021. anon L. ee: Copies furnished via the e-portal to: Paul M. Silva, MD, Esq. Peter J. Somera, Jr., Esq. Geoffrey Fieger, Esq. Thomas G. Aubin, Esq. Keith J. Puya, Esq. Hector R. Buigas, Esq. Dinah Stein, Esq. Hicks, Porter, Ebenfeld & Stein, PA Adam J. Richardson, Esq. Bard Rockenbach, Esq. | Please see Administrative Order 2021-05; Compliance is required. For cases filed before April 30, 2021, the completed case management plan and order must be submitted to Judge Sweet by Plaintiff/Plaintiff's counsel for final approval no later than December 3, 2021.STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, Pa. Thomas G. Aubin, Esq. 200 East Las Olas Boulevard, Suite 2100 Fort Lauderdale, FL 33301 Direct: (954) 462-9556 Fax: (954) 462-9567 Email: taubin@stearnsweaver.com November 15, 2021 Via e-Mail Delivery: peter@somerasilva.com; paul@ somerasilva.com; sil via @ somerasilya.com Peter J. Somera Jr., Esq. Paul M. Silva, M.D., Esq. Somera & Silva, LLP 2255 Glades Road, Suite 232W Boca Raton, FL 33431 RE: — Greer v. Martin Memorial Medical Center, et al Outstanding Depositions Counselors: Please provide dates for the deposition of Dr. Suite and the update depositions of Andrew Garrett, and Plaintiffs, Frederic and Melissa Greer, to take place in January. Please do not hesitate to contact me with any questions. Very syuly yours, Thomas G. Aubin For the Firm MSP/Yals EXHIBIT #10022779 v1 3 gAmanda Spencer ss From: Silvia Martinez Sent: Monday, November 22, 2021 2:55 PM To: Maria Petruk; Thomas Aubin; Matthew Podolnick; Amanda Spencer; Katia Netto Cc: Peter Somera; Paul Silva; Joe Sarakinis; 'g.fieger@fiegerlaw.com’; 'S.Teal@Fiegerlaw.com' Subject: Greer vs. Martin Memorial Medical Center, Inc., d/b/a Martin Medical Center John Fallion, MD is available for his continued deposition on the following dates and times via Zoom. December 1 2:00 pm December 6 12:00 pm Andrew Garrett is available for his updated deposition on the following dates starting at 10:00 am via Zoom. December 29, 30 January 4, 5, 7, or 10 Please advise your availability. Thank you. Silvia Martinez, Paralegal for Mr. Peter J. Somera, Jr., Esq. & Mr. Paul M. Silva, M.D., Esq. Somera & Silva, LLP One Boca Place 2255 Glades Road, Suite 232W Boca Raton, FL 33431 Telephone - 561.981.8881 Facsimile - 561.981.8887 lvia@somerasilva.com DO NOT SEND NOTICES, MOTIONS OR PLEADINGS, OR ANY OTHER MATTER REQUIRING URGENT ATTENTION TO THIS SENDER'S EMAIL ADDRESS. DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY FLA.R.CIV.P 2.516. ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO pleadings@somerasilva.com. Please send all emails regarding scheduling and correspondence to Silvia@somerasilva.com. ATTORNEY—CLIENT AND/OR WORK PRODUCT PRIVILEGED MATERIAL. This message is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message solely to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in errg pace i Somera & Silva, LLP immediately by telephone or return e-mail and then delete this communication, you.= please consider the environment before printing this e-mail