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Filing # 100688194 E-Filed 12/20/2019 11:58:22 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
KENNETH N. WOLINER, M_D.,
Plaintiff,
CASE NO. 50-2017-CA-013398-XXXX-MB
v. CIRCUIT CIVIL DIVISION AB
THE STATE OF FLORIDA
DEPARTMENT OF HEALTH;
PATRICK E. SIMMONS;
SAUNDRE D. WILSON;
LOUISE R. WILHITE-ST. LAURENT;
ANT MADTITA CATDANOUV
AND WIAA DUP RULWOR
Defendants.
/
NOTICE OF FILING
Plaintiff’ Kenneth N. Woliner, M_D., ("Plaintiff") hereby files this Notice of Filing
Plaintiff's Unilateral Pre-Hearing Statement in response to the Court's Orders issued in this
matter on October 24, 2019 [DE 152] and December 6, 2019 [DE 163].
Respectfully Submitted,
/s/ Kenneth N. Woliner
Kenneth N. Woliner, M.D.
as Pro Se Plaintiff
Kenneth N. Woliner, M.D.
23086 Island View Drive, #6
Boca Raton, FL 33433
Telephone: 954-770-6009
drwoliner@wolinermd.com.
CUCN. DAIAARCACUAAIINTY Cl CUADAND ANY FLEDY 49/INNINNAA 44-69-99 DAA
PILL. PALE DLAI VUUINE TT, FL, OHI. DUUN, ULLIAN, 1eieuieuig 11. iveCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished on
this 20th day of December 2019 (at 1:02 a.m.) via email to counsel for Defendant Department of
Health, Katelyn Rose Boswell and Christine E. Lamia, 4052 Bald Cypress Way, Bin A-02,
Tallahassee, Florida 32399, Telephone (850) 558-9919; Telephone (850) 245-4021; Email:
Christine. Lamia@flhealth.gov; Katelyn. Boswell@flhealth.gov; Nikkisha.Asbey@flhealth.gov
/s/ Kenneth N. Woliner
Kenneth N. Woliner, M.D.
as Pro Se PlaintiffIN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
KENNETH N. WOLINER, M_D.,
Plaintiff,
CASE NO. 50-2017-CA-013398-XXXX-MB
v. CIRCUIT CIVIL DIVISION AB
THE STATE OF FLORIDA
DEPARTMENT OF HEALTH;
PATRICK E. SIMMONS;
SAUNDRE D. WILSON;
LOUISE R. WILHITE-ST. LAURENT;
AND MARTHA SOFRONSKY
Defendants.
/
PLAINTIFF'S UNILATERAL PRE-HEARING STIPULATION
Plaintiff, Kenneth N. Woliner, M.D., pro se, the parties file a Joint Pre-Hearing
Stipulation in response to the Court's Orders on October 24, 2019 [DE 152] and December 6,
2019 [DE 163], and states:
PREAMBLE
Plaintiff has made numerous good-faith efforts to arrange for a conference to agree to a
joint pre-hearing stipulation. On November 15, 2019 8:56 AM, Plaintiff emailed Defendant's
Counsel, Mr. Williams, suggesting we meet promptly to meet the Court's original December 10,
2019 deadline, and suggested a schedule in which initial draft pre-hearing stipulations would be
exchanged by December 2, 2019, and objections exchanged by December 9, 2019. After Mr.
Williams failed to acknowledge, much less answer Plaintiff's November 15th email, Plaintiff
followed un with a cacand amail an Navamhar 12 9010 1-59 DM Mr Williame did racnand at
“6
fOuOWeG Up Wins @ oeconu Ciuau OG WOVemUE: 10, 2va7 TOL civ. iat, yiuiidios Ulu Teopune at5:14 PM that same day, stating, " Thank you for following up. I need to take a look at the order
and other dates on my end and get back to you."
Mr. Williams did not "get back" to Plaintiff.
After another week had passed, on November 26, 2019 12:08 PM, Plaintiff sent a third
email, and offered to assist Defendants in complying with the Court's Order by filing a joint
motion for an Enlargement of Time (exchanging draft pre-hearing stipulations and exhibits by
December 13th, and filing the joint pre-hearing stipulation with the Court on December 20th.
Again, no response.
Another week passed. On December 2, 2019 5:14 PM, Ms. Katelyn Boswell emailed
Plaintiff and informed him that approximately one-half hour before (4:56:42 PM) that she filed a
Motion for Substitution of Counsel without conferring with Plaintiff first. : [DE 159]. There was
no explanation of why Mr. Williams was no longer counsel on the case.” Regardless, Plaintiff
did not oppose Mr. Williams' withdrawal as counsel, conceding that every litigant has the right to
choose whom to have represent them, exchanging numerous emails between December 2nd and
10th, and agreeing to an order on Defendant's Substitution of Counsel (which was 8 days after
aoe Bp ge eet el tt etl tre la le tena ar on ws +
the improperly tled original Motion). ~ [UE 15¥]. Un December 1Uth, Ms. Boswell, through a
' Ms. Boswell also did not comply with Local Rule 4 that requires a certification "without
modification and shall designate with a check mark or other marking the specific certification(s)
that apply".
? Without an explanation by Defendant's Counsel, Plaintiff has speculated the substitution of
counsel was made to remove Mr. Williams from the Court's jurisdiction and prevent him from
providing testimony at the upcoming Sanctions Hearing.
3 This is in contrast to Mr. Williams opposing the withdrawal of Mr. O'Boyle as Plaintiff's
Counsel, causing the Court to utilize its resources with a hearing on October 24, 2019, and for
Plaintiff to incur addition expense to file an opposed motion to withdraw. [DE 149; DE 150; DE
153]."Consent of Client", identified Ms. St. Laurent as the “Corporate Representative" for the State of
Florida Department of Health.
On December 12th, 2019 1:27 PM, Ms. Boswell emailed Plaintiff and asked for an
extension from her deadline of December 13th due to a family emergency of her co-counsel, Ms.
Lamia. At 1:35 PM the same day, Plaintiff agreed to Ms. Boswell's enlargement of time without
inquiring further.
On December 16, 2019 5:15 PM, Ms. Boswell transmitted the Defendant, Department of
Health's Draft Pre-Hearing Stipulation. Less than eight hours later, on December 16, 2019 1:00
AM, Plaintiff sent Plaintiff's Draft/Proposed Pre-Hearing stipulation. Plaintiff included a list of
exhibits (attaching copies of exhibits to successive emails); a description of testimony for each
witness to not "blind-side" Defendant's counsel; a list of fact Plaintiff wished to deem admitted
which were supported by direct references to deposition testimony (date, page:line) by Ms. St.
Laurent and Ms. Kristen Summers (in her representative as a DOH Corporate Representative); a
list of outstanding motions, and an estimate of the length of time required for the hearing.
Plaintiff noted that if the parties stipulated to easily proved facts, the hearing would likely last
iess than four (4) hours, but if there were no stipulations, the presentation of evidence by
witnesses with personal knowledge would require over eight hours.
On December 18, 2019 3:55 AM, Plaintiff provided his objections to Defendant's Draft
Pre-Hearing Stipulation. Later that day, at 2:41, Ms. Boswell categorically rejected Plaintiff's
Draft/Proposed Pre-Hearing stipulation and all of Plaintiff's proposed admitted facts, insisting on
using Defendant's draft template/document. Further, Ms. Boswell insisted that there should be
no reference to other proceedings she deemed irrelevant to this proceeding, neglecting the fact
that Nafandant had inaludad rafarannac ty tum athar nennaadinac (MOALH 16_4NA2DT + and 0-128
Uidt DUCnGale dG HCUUeG Teaereuces LO EW Out PrUCeCuHg UU LOD uToE Ls, aU 7.10>80305-CIV Dimitrouleas (since reversed/remanded)). Enigmatically, Ms. Boswell demanded
that no witness who had previously provided testimony before this Court should be allowed
testify "as such testimony would not be relevant and would be a waste of the Court's time". This
demand was most perplexing as that would eliminate both Plaintiff (myself) and Ms. St. Laurent
(the DOH Corporate Representative whom Ms. Boswell herself identified as a witness), from
testifying at the Evidentiary Hearing. Lastly, Ms. Boswell stated "As to the motions listed in
your draft, the Department will oppose, should you file them." This of course, includes the
Motion in Limine for Judicial Notice under sections 90.201 and 202, Florida Statutes.
On Thursday, December 19, 2019 3:59 PM, Plaintiff called Defendant's counsel and left
an email at 4:06 PM, taking the initiative to open the door to settlement negotiations. At 4:25
PM, a 10-minute conversation took place. 4 On December 20, 2019, Defendant's counsel
provided a Preamble that in the sake of brevity, left out the aforementioned facts.
A. A concise statement of the nature of the controversy.
1. Is Plaintiff the prevailing party on Count One (Unlawful Refusal to Disclose Public
Documenis, sections 119.07(i)(a) and 119.12, Florida Siatuies (2016)) of the initial Verified
Complaint?
2. If Plaintiff is the prevailing party, is Plaintiff entitled to recover taxable costs, excluding
attomey fees, from Defendant, Department of Health under sections 57.041 and 119.12, Florida
Statutes (2016)?
4 Plaintiff notes that the Mediation Confidentiality and Privilege Act (ss. 44.401 — 44.406,
Fla. Stat.) does not apply to the situation at hand. See section 44.402, Fla. Stat. (2019). However,
in an abundance of caution, the Court is not provided any description of Plaintiff's phone call
with Defendant's counsel which occurred on Thursday, November 19, 2019.
63. Does section 284.30, Florida Statutes, preclude Plaintiff from recovering costs from
Defendant Department of Health?
4. Does section 284.30, Florida Statutes, apply to sanctions, or just to pleadings?
5. What sanctions under section 57.105(1), Florida Statutes, if any, should the Court impose
upon Defendant, Department of Health, pursuant to the Court's previously issued Order of March
9, 20187
6. What sanctions under the court's inherent authority of the Inequitable Conduct Doctrine,
if any, should the Court impose upon Defendant, Department of Health?
B. A brief statement of each party's position.
Plaintiff's position:
1. The Plaintiff is the prevailing party. Defendant, Department of Health had a duty to
maintain the subject MP3 sound recording public record, failed to do so, failed to attempt to
reacquire the MP3 sound recording, and failed to produce it for inspection and copying.
2. The Plaintiff is entitled to recover taxable costs, excluding attorney fees, under both
sections 57.04i and ii9.i2, Florida Statutes (2016).
3. Section 284.30 only applies to attorney fees and has no application to taxable costs.
4. Section 284.30 only applies to pleadings and has no application to sanctions applied by
motion or sua sponte by the Court.
5. The Court should impose sanctions upon the Department of Health under section
57.105(1) , as described in this Court's March 9, 2018 Order, or the Inequitable Conduct
Doctrine.
Nafandantle nacitian:
weienuaie 9 PUoUUIL.Defendant contends that the issues raised in the Plaintiffs Motion for Sanctions have
been previously determined by the court and are moot. The Department withdrew its challenge
of the Chapter 119 violation alleged in Plaintiff's Complaint, 35 days after it filed its answer.
The issues raised by the Plaintiff in the subject Motion for Sanctions have already been heard
and decided in this proceeding.
C. A list of exhibits to be offered at the hearing, noting any objections thereto and the
grounds for each objection.
Plaintiff's Exhibits.
State of Florida and Department of Health Official Documents:
P-1. Code of Ethics for Public Officers and Employees
P-2. Department of Health (DOH) Code of Ethics Training FY 14-15
P-3. Department of Health (DOH) Public Records Desk Manual (2017)
P-4. Department of Health (DOH) Public Records Desk Manual (2017)
P-5. DOH Annual Compliance Statement under Rule 1B-24.003(11), F.A.C. for the
year 2016
P-6. DOH Annual Compliance Statement under Rule 1B-24.003(11), F.A.C. for the
year 2017
P-7. DOH Annual Compliance Statement under Rule 1B-24.003(11), F.A.C. for the
year 2018
P-8. DOH Annual Compliance Statement under Rule 1B-24.003(11), F.A.C. for the
year 2019
PS. DOH Oftice ot General Counsel Annual Compitance Statement under Kuie iB-
24.003(11), F.A.C. for the year 2016
P-10. DOH Office of General Counsel Annual Compliance Statement under Rule 1B-
24.003(11), F.A.C. for the year 2017
P-11. DOH Office of General Counsel Annual Compliance Statement under Rule 1B-
24.003(11), F.A.C. for the year 2018
P-12. DOH Office of General Counsel Annual Compliance Statement under Rule 1B-
RA NNIAN TA Cnt ania
Z4.UUIUL1), PALL. LOD ue year 2ZU17
P-13. DOHP 250-2-07 Bureau of General Services Records Management of Department
Records (Jan. 2, 2008)
P-14. DOHP 30-1-08 DOH Public Records Request Policy (July 21, 2008)
P-15. DOHP 385-OD10-19 DOH MQA Public Request Policy (Mar. 21, 2019)
P-16. Ethics On-Boarding Presentation (Contains Audio) (Annual/Mandatory Training)
P-17. Florida Attorney General - Open Government (accessed Dec. 16, 2019) - phone
mumbar 26N_IAS_NTAN
ume Gu=25-vasuP-39.
P-40.
Florida Department of State, BASICS OF RECORDS MANAGEMENT
HANDBOOK (Oct. 2017)
Florida Department of State, BASICS OF RECORDS MANAGEMENT
HANDBOOK (Oct. 2009)
FLORIDA DEPT OF STATE - LEGISLATIVE RECORDS - GUIDE TO
PREPARATION AND TRANSFER (2017)
Florida DOH Office of Inspector General Management Advisory Report OIG 17-
224 (Mar. 21, 2018)
Florida Office of the Governor Executive Order 11-03
Florida Office of the Governor Executive Order Number 07-01
General Counsel _ Florida Department of Health (website last modified Nov. 13,
2019)
Government in the Sunshine Manual (2016 edition)
HB 195 (2020) - Public Records - Bill Text
HB 195 (2020) - Public Records - Staff Analysis (12-9-2019)
Leadership _ Florida Department of Health (webpage last modified Nov. 13,
2019)
Open Government Contacts by Agency - DOH - Kendra Washington
Public Records - A Guide for Law Enforcement Agencies - AG Ashley Moody
(2019)
SB 162 (2020) - Public Records - Bill Text
SB 162 (2020) - Public Records - Staff Analysis (11-6-2019)
State of Florida Electronic Records and Records Management Practices (Nov.
2010)
STATE OF FLORIDA ELECTRONIC RECORDS AND RECORDS
MANAGEMENT PRACTICES (November 2010)
State of Florida Employee_Handbook_Template_Final_11232016
STATE OF FLORIDA FILES MANAGEMENT HANDBOOK (December 1998)
STATE OF FLORIDA GENERAL RECORDS SCHEDULE GS1-SL (August
2017)
STATE OF FLORIDA GENERAL RECORDS SCHEDULE GSi-SL (February
19, 2015)
STATE OF FLORIDA RECORDS MANAGEMENT SELF-EVALUATION
GUIDE (September 1999)
STATE OF FLORIDA STATE RECORDS CENTER HANDBOOK September
2019
Depositions in which party of interest was available to cross-examine witness
TAY
41.
P-42.
P-43.
P-44.
P-45.
P-46.
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SorroisKy Depo, Apitt 421, LU1L0 \QU-ZUL /-LA-V1II9O)
St. Laurent Depo, September 7, 2018 (50-2017-CA-013398)
Summers Depo, December 18, 2018 (18-cv-80305-WPD)
St. Laurent Depo, December 18, 2018 (18-cv-80305-WPD)
DOH Corporate Representative Summers Depo, April 18, 2019 (2019-CA-277)
St. Laurent Depo, June 6, 2019 (Hibbert v. Florida DOH, Case No. 4.18-cv-440-
MW-CAS (N_D. Fla. 2019)P-47.
P-48.
P-49.
P-50.
Emails:
P-SI.
P-52.
P-53.
P-54.
P-55.
P-56.
P-57.
St. Laurent, Contemporaneous Notes from MP3 sound recording public record (4
pages)
Summers, DOH v. Kenneth Woliner, MD, DOAH de-briefing handout
St. Laurent, letter Nov. 1, 2016 (P029010-061216)
Woliner, letter to DFS, Dec. 12, 2017 (50-2017-CA013398)
Email - Brynna Ross to Kristen Summers and Louise St. Laurent, Jan. 19, 2016
Sofronsky email to Kristen Summers, Feb. 2, 2016 (15-5043PL)
Email - Louise St. Laurent to Sharmin Hibbert, Feb. 5, 2016
Composite emails between Louise St. Laurent and David Fursteller, Feb. 5, 2016
Composite emails between The O'Boyle Law Firm and Michael J. Williams - July
1, 2019 - October 24, 2019
Composite emails between Plaintiff, Kenneth N. Woliner, and Michael J.
Williams - April 10 - 11, 2019
Email - Louise St. Laurent to Bennett Miller and 5 more - September 14, 2016
State of Florida and other websites meeting the criteria in section 90.202(12), Fla. Stat.
http://orechner.org/resources/attorneys-fees/
http://brechner.org/resources/brechner-resources/
http://brechner.org/resources/faq/
http://myfloridalegal.com/webfiles.nsf/WF/MNOSBAMQDX/$file/2019+Law+E
nforcement+Guide+v6.pdf
http://www .leg-state.fl.us/cgi-
bin/View_Page.pl?Tab=info_center&Submenu=2&File=index.html&Directory=p
ortal/legistore/&Location=app
http://www.leg,state.fl.us/Statutes/index.cfm?Tab=statutes&submenu=-
1&CFID=80763704 &CFTOKEN=ad74394b95bb04d5- 1CCA3684-5056-B837-
1A7A5B43E1591841
http://www.myflsunshine.com/sun-.nsf/sunmanual
https://dos.myflorida.com/library-archives/records-management/
https://dos.myflorida.com/library-archives/records-management/about-records-
management/
https://dos.myflorida.com/library-archives/records-management/dispose-of-
public-records/
https://dos.myflorida.com/library-archives/records-management/disaster-
recovery/
https://dos.myflorida.com/library-archives/records-management/disaster-
recovery/disaster-recovery-vendors/
https .//d0s aay hotida. con NoTaly-ai chives TecOras -managenienl dispose-O1-
public-records/approved-methods-of-destruction/
https://dos.myflorida.com/library-archives/records-management/disaster-
recovery/disaster-recovery-vendors/data-magnetic-media-and-audiovisual-
recovery/
https://dos.myflorida.com/library-archives/records-management/dispose-of-
public-records/
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MUps.// G09. ty MOLUG. CO LOL aL Yd CL ¥ ©o/1 C001 Go -LGa BeLe LEY LOL LLL Gd kOe
publications/
10P-74.
P-75.
P-76.
P-77.
P-78.
P-79.
P-80.
P-81.
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P-83.
P-84.
P-85.
P-86.
P-87.
P-88.
P-89.
P-90.
P-91.
P92.
P-93.
P-94.
P-95.
P-96.
P-97.
nao
F-¥0.
P-99.
P-100.
P-101.
P-102.
P-103.
D_INA
aut,
https://dos.myflorida.com/library-archives/records-management/general-records-
schedules/
https://dos.myflorida.com/library-archives/records-management/records-
management-liaison-officers/
https://dos.myflorida.com/library-archives/records-management/records-
management-training/
https://dos.myflorida.com/library-archives/records-management/records-
management-faq/
https://dos.myflorida.com/library-archives/records-management/records-
management-liaison-officers/
https://dos.myflorida.com/library-archives/records-management/records-
management-training/seminars/
https://dos.myflorida.com/library-archives/records-management/records-
management-training/
https://dos.myflorida.com/library-archives/records-management/records-
management-liaison-officers/
https://dos.myflorida.com/library-archives/records-management/related-links/
https://dos.myflorida.com/library-archives/records-management/state-records-
center/
https://dos.myflorida.com/library-archives/records-management/statutes/
https://dos.myflorida.com/media/3 1057/non-src-destructionlabel-pdf
https://dos.myflorida.com/media/3 1060/non-sre-destruction-request-form.pdf
https://dos.myflorida.com/media/3 1062/records-and-document-recovery-
techniques.pdf
https://dos.myflorida.com/media/3 1064/records-disposition.pdf
https://dos.myflorida.com/media/3 1 067/records-retention-schedule-
request105.pdf
https://dos.myflorida.com/media/3 1073/records-storage-transmittal-and-
receipt201 pdf
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hitps://dos.myfiorida.com/medita/3 1078/return-ot-reference-requestZU6.pdt_
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https://dos.myflorida.com/media/3 1 109/electronicrecordsmanagementpractices.pd
Hlips.//GOS.MyOriGa. Con MeUIa/3 1514, taster oIpudUcHiOL. pat
https://dos.myflorida.com/media/695843/facilitieshandbook-recordscenters.pdf
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with-image.pdf
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ttre: //dac mrflarida cam /madialhOQAS4/final hacine_nf_racarde_manaaamant.
MUps.// GUS.tny MOLE. COL He MG! U7 OF SU) Lindi =Ud 9100" 1-1 CC U1 US =T a a Ge LLLe Le
2017.pdf
11P-105. _ https://dos.myflorida.com/media/700643/rmloapptform2019.pdf
P-106. _https://dos.myflorida.com/media/701981/7151-src-handbook-new-language.pdf
P-107. https://flalegistore.com/
P-108. —_ https://floridafaf.org/about/
P-109. _ https://floridafaf.org/resources/faqs/
P-110. https://floridafaf.org/resources/open-government-resources/
P-111. _ https://floridafaf.org/wp-content/uploads/2019/06/HB-407.pdf
P-112. https://floridafaf.org/wp-content/uploads/2019/06/SB-602.pdf
Rebuttal evidence as necessary.
Defendant reserves the right to object to the exhibits disclosed by Plaintiff
in his unilateral pre-hearing statement. To the extent that the exhibits disclosed in Plaintiff's
unilateral pre-hearing statement are the same as those listed in the 68-page draft provided to the
Department on December 17, 2019, the Department, objects to Plaintiff's exhibits, with the
exception of those documents which are also listed above as Defendant’s exhibits, on the basis
that they are irrelevant, misleading, do not tend to prove or disprove a material fact, lack
foundation, lack authentication, contain inadmissible hearsay, are needlessly cumulative, a waste
of the Court’s time and resources, may contain privileged information, are prejudicial, and lack
any probative value.
Defendant's Exhibits.
D-1: Transcript from February 26, 2019 Hearing
D-2: Plaintiff's Motion for Final Judgment and Attorney’s Fees filed on April 22, 2019
TV. Teen netend OT wn DOW. OL T Wn en eles ae de hd ee Ont 7 NI
V-3) LTaMSCIIpt OL LOUISE NK. WILMLE-OL. Laurent § VEpOSiuON CONUUCLEU O SEpieMmivEr 7, 2U10
D-4: Transcript of Martha Sofronsky’s Deposition conducted on April 27, 2018
Plaintiff has no objections to Defendant Exhibits D-1 through D-4.
12D. A list of names and addresses of all witnesses intended to be called at the hearing by
each party, with expert witnesses so designated.
Plaintiffs Witnesses.
Category A. Witnesses that the parties, in good faith, intend to call at trial.
1. Kenneth N. Woliner M.D.
fact witness
pro se Plaintiff
23086 Island View, #6
Boca Raton, FL 33433
2. Gina Woliner
fact witness
23086 Island View, #6
Boca Raton, FL 33433
3. Jonathan R. O'Boyle, Esq.
fact witness and expert witness
c/o The O'Boyle Law Firm (has agreed to accept service)
1286 W Newport Center Dr
Deerfield Beach, FL 33442-7733
4. Kristen Blackwell
fact witness c/o The O'Boyle Law Firm (has agreed to accept service)
1286 W Newport Center Dr
Deerfield Beach, FL 33442-7733
5. Martha Sofronsky - move to "A"
fact witness
17745 46 Court North
Loxahatchee, FL 33470
6. Michael Jovane Williams, Esq. °
fact witness®
Tet Aa cents nk OTT Ta
PIVlLida VepalUlent OL Meal
5 Plaintiff is fully aware that Mr. Williams' clients may also assert "work-product" privilege
under Rule 1.280(b)(6), Fla. R. Civ. P., and in such event, Plaintiff requests a privilege log so
Plaintiff can determine if a motion for an in camera review is appropriate to determine
applicability of the privilege.
© Plaintiff is fully aware that attorney-client privilege may prevent Mr. Williams from
testifying. However, in the event that Mr. Williams' client(s) do waive attorney-client privilege,
Plaintiff intends to call Mr. Williams to testify.
1310.
11.
12.
4052 Bald Cypress Way; Bin C-65
Tallahassee, FL 32311-7840
Louise R. Wilhite-St. Laurent’
Florida Department of Health Corporate Representative
General Counsel
fact witness
Florida Department of Health
4052 Bald Cypress Way; Bin A-02
Tallahassee, FL 32399
Louise K. Wilhite-St. Laurent, Esq.
Chief Ethics Officer
fact witness
Florida Department of Health
4052 Bald Cypress Way; Bin A-02
Tallahassee, FL 32399
Louise K. Wilhite-St. Laurent, Esq.
Individual Capacity - as a Defendant
fact witness
Florida Department of Health
4052 Bald Cypress Way; Bin A-02
Nichole Geary
Former General Counsel, Florida Department of Health (during 2013-2018)
fact witness
Floridian Partners, LLC
108 S Monroe St
Tallahassee, FL 32301
Kristen M. Summers
fact witness
Florida Department of Health
4052 Bald Cypress Way; Bin A-02
Tallahassee, FL 32399
Melvin Lumpkin*®
DOH Records Management Liaison Officer (RMLO) (during the years 2013-2017, for
7 In previous interactions between pro se Plaintiff and Defendants’ former counsel, Mr.
Michael J. Williams, Mr. Williams made it clear that each witness must be identified in a
subpoena as to whether they are giving testimony as to their personal knowledge (individual
capacity), or giving testimony as to the institutional knowledge for the Department of Health
(corporate representative capacity).
14public records request P029010-061216)
fact witness
Florida Department of Health - Executive Dir/Support Services
4052 Bald Cypress Way; Bin A-02
Tallahassee, FL 32399
13. Eleanor L. Fountain
DOH Records Management Liaison Officer (RMLO) (current)
fact witness
Florida Department of Health
4052 Bald Cypress Way; Bin A-02
Tallahassee, FL 32399
14. Taneria 'Kendra' Washington
Public Records/Open Government Contact Person
fact witness
Florida Department of Health
4052 Bald Cypress Way; Bin A-02
Tallahassee, FL 32399
15. Saundre Wilson
Department of Health Records Custodian (for Public Records Request P029010-061216)
fact witness
Florida Department of Health
4052 Bald Cypress Way; Bin A-02
Tallahassee, FL 32399
16. Shayla Cole
Department of Health Records Manager (for Public Records Request P029010-061216)
fact witness
Florida Department of Health
4052 Bald Cypress Way; Bin A-02
Tallahassee, FL 32399
17. Timothy R. Few?
fact witness
Government Operations Consultant II
THe da Tete ek Oba Teel Aneto Tan Ont ne
PIVLIUa VEpalUUCUl OL OAL - LIVIALY/ ALCINVES/ IMU OL VICES:
R.A. Gray Building
® This witness's address is greater than 100 miles from the address of the Court. Pro se
Plaintiff intends to coordinate with Defendants' counsel to schedule deposition in lieu of live
testimony to preserve testimony in accordance with Rule 1.290(a)(1), Fla.R.Civ.P.
° This witness's address is greater than 100 miles from the address of the Court. Pro se
Plaintiff intends to coordinate with Defendants' counsel to schedule deposition in lieu of live
testimony to preserve testimony in accordance with Rule 1.290(a)(1), Fla.R.Civ.P.
15500 South Bronough Street
Tallahassee, Florida 32399
Category B. Those witnesses which may or may not be called, depending upon what
witnesses the opposing party calls or other unanticipated issues that are
raised, ete.
Due to the fact that Defendant did not stipulate to any facts proposed by Plaintiff, all
"Category B" witnesses have been moved to "Category A"
Category C. Witnesses who the party does not intend to call, but are listed as witnesses
out of an abundance of caution because they have some knowledge of the
facts or issues in dispute at trial.
18. Joseph Wright
fact witness
Florida Department of Health
4052 Bald Cypress Way; Bin A-02
Tallahassee, FL 32399
19. Stephanie C. Boggs
fact witness
Government Gperaitons Consuitant I
Florida Department of State - Library/Archives/Info Services
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399
20. Sarah Young Hodges, Esq.
Tact Witiess
Chief Appellate Counsel
4052 Bald Cypress Way, Bin #C-65
Tallahassee, FL 32399-0001
21. Hillary A. Ryan, Esq.
fact witness
Offiea of the Cannty Attarnay Caracata
VILIC’ OL ule UOuLy AUWOIeY, Baraouud
1660 Ringling Blvd Fl 2
16Sarasota, FL 34236-6808
Defendant's Witnesses.
E. A concise statement of those facts which are admitted and will require no proof at
hearing, together with any reservations to such admissions.
Defendant did not agree to any of the facts offered by Plaintiff, nor did Defendant cite
any specific objections. However, Defendant offered general objections of: irrelevant,
misleading, do not tend to prove or disprove a material fact, lack foundation, lack authentication,
contain inadmissible hearsay, are needlessly cumulative, a waste of the Court’s time and
resources, may contain privileged information, are prejudicial, and lack any probative value.
However, for the sake of efficiency Plaintiff lists items for judicial notice herein.
Case No. 50-2017-CA-013398
Jud. Notice-1 All answers to Defendant's First Request for Admissions
Jud. Notice-2 All Docket Entries in this Case (Case No. 50-2017-CA-013398),
Jud. Noitce- 3 Ail documents produced by Defendants in response to Requesi for
Production
Jud. Notice-4 Sofronsky Amended Response to request for Interrogatories - 10 and 11
(50-2017-CA-013398)
Florida Constitution:
Jud. Notice-5 — Florida Constitution, Article I, Section 24(a)
Florida Statutes:
Z = (NA1ON
Menten ON Maat da ents
7 oO UMlAplel YU, PIVLIUd OLALULES (ZULY)
Jud. Notice-7 Chapter 92, Florida Statutes (2019)
Jud. Notice-8 Chapter 112, Part III, Florida Statutes
Jud. Notice-9 — Section 119.01, Florida Statutes (2016)
Jud. Notice - 10 Section 119.011, Florida Statutes (2016)
Jud. Notice - 11 Section 119.035, Florida Statutes (2016)
Jud. Notice - 12 Section 119.07, Florida Statutes (2016)
Ind Noatina 12 Gantinn 110 N71 Blarida Gtatutac (2014)
yua. NOUCE = a5 CUCU aa su sua, P1Oriud OlaLUWwS (eu Uy
Jud. Notice - 14 Section 119.071, Florida Statutes (2016)
17Jud. Notice - 15
Jud. Notice - 16
Jud. Notice - 17
Jud. Notice - 18
Jud. Notice - 19
Jud. Notice - 20
Jud. Notice - 21
Jud. Notice - 22
Jud. Notice - 23
Jud. Notice - 24
Jud. Notice - 25
Jud. Notice - 26
Jud. Notice - 27
Section 119.0712, Florida Statutes (2016)
Section 119.10, Florida Statutes (2016)
Section 119.11, Florida Statutes (2016)
Section 119.12, Florida Statutes (2016)
Section 119.12, Florida Statutes (2018)
Section 257.36, Florida Statutes (2016)
Section 284.30, Florida Statutes (2017)
Section 57.041, Florida Statutes (2017)
Section 57.105, Florida Statutes (2018)
Section 934.02, Florida Statutes (2013)
Section 934.03, Florida Statutes (2013)
Section 934.03, Florida Statutes (2016)
Section 934.06, Florida Statutes (2016)
Rules with either statewide or 15th Circuit binding effect:
Jud. Notice - 28
Jud. Notice - 29
Jud. Notice - 30
Jud. Notice - 31
Jud. Notice - 32
Jud. Notice - 33
Jud. Notice - 34
Jud. Notice - 35
Florida Rules of Civil Procedure
Jury Instruction 301.11(b) - Failure to maintain evidence or keep a record
Jury Instruction 503.2 - Punitive Damages - Non-Bifurcated Procedure
Palm Beach Circuit Court Local Rule 4
Rule 1B-24.001, Florida Administrative Code (2016)
Rule 1B-24.003, Florida Administrative Code (2016)
Rule 1B-26.003, Florida Administrative Code (2016)
Rules Regulating the Florida Bar (RRTFB), September 19, 2019
US. Supreme Court, Florida Supreme Court, Florida Appellate Court Cases:
Jud. Notice - 36
Jud. Notice - 37
Jud. Notice - 38
Jud. Notice - 39
Jud. Notice - 40
Jud. Notice - 41
Jud. Notice - 42
Jud. Notice - 43
Jud. Notice - 44
Jud. Notice - 45
Jud. Nouce - 46
Jud. Notice - 47
Jud. Notice - 48
Jud. Notice - 49
Jud. Notice - 50
Jud. Notice - 5 1
oO,
ji ud. Notice - 52
Baxter v. Palmigiano, 425 U.S. 308, 319 (1976)
Chandler v City of Sanford, 121 So. 3d 657 (Fla. 5th DCA 2013)
Department of Health v. Rehabilitation Center at Hollywood Hills, 259
So. 3d 979 (Fla. Ist DCA 2018)
News and Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectual
Group, Inc., 596 So. 2d 1029, 1031 (Fla. 1992)
Pohl v. MH Sub I, LLC, --- F.Supp.3d ---- (2019)
Pubitc Heaith Trust of Dade County v. Vaicin, 507 So.2d 596 (Fia. 1987)
Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996)
State v. Webb, 786 So. 2d 602 (Fla. Ist DCA 2001)
TIG Ins. Corp. of America v. Johnson, 799 So. 2d 339 (Fla. 4th DCA
2001)
Times Pub Co Inc v City of St Petersburg, 558 So. 2d 487 (Fla. 2d DCA
1990)
a paseo aerneacen Ia aceua a nan
ToOUeT Vv Saiicnez, 41/ OV. 24U LUIS (Pld. JU ULA L902)
Trial Transcript, February 26, 2019 (50-2017-CA-013398)
Tribune Co v Cannella, 438 So. 2d 516 (Fla. 2d DCA 1983)
Wallace v Guzman, 687 So. 2d 1351 Fla. 3d DCA 1997)
Wilkinson v. Florida Adult Care Ass'n, Inc., 450 So. 2d 1168 (Fla. 2d
DCA 1984)
Wisner v City of Tampa Police Dept, 601 So. 2d 296 (Fla. 2d DCA 1992)
NOATN.
DOAH hearing transcript, February 3, 2016 (Case No. 15-5043PL)
18Jud. Notice - 53
Jud. Notice - 54
Jud. Notice - 55
Jud. Notice - 56
Jud. Notice - 57
Jud. Notice - 58
Jud. Notice - 59
Jud. Notice - 60
Jud. Notice - 61
Jud. Notice - 62
Jud. Notice - 63
Jud. Notice - 64
Jud. Notice - 65
Election of Rights 5.18.2015 (Case No. 2013-08450, DOAH Case No.15-
5043PL)
Hearing Transcript, Rehabilitation Center at Hollywood Hills v. Dept. of
Health, June 12, 2018 (2018-CA-233)
Holly Mathis v. O'Reilly Auto Parts, DOAH Case No. 16-1072, at 5-6
(Recommended Order July 13, 2016; Agency Final Order Feb. 9, 2017)
IT-01-2016 - unsigned undated Records Disposition Document - produced
by DOH in discovery on 4.23.2019
Kenneth N. Woliner, M.D. v. State of Florida, et al., Case No. 2019-CA-
277 (Fla. 2d Cir. Ct., Feb. 4, 2019) (Verified Complaint to Enforce Public
Records Act)
Kenneth N. Woliner, M.D. v. State of Florida, et al., Case No. 2019-CA-
277 (Fla. 2d Cir. Ct., Oct. 25, 2019) (Mediation Report)
Kenneth N. Woliner, M.D. v. State of Florida, et al., Case No. 2019-CA-
277 (Fla. 2d Cir. Ct., Oct. 28, 2019) (Plaintiff's Verified Motion for
Sanctions for Parties' Failure to Appear at Mediation)
Kenneth N. Woliner, M.D. v. State of Florida, et al., Case No. 2019-CA-
277 (Fla. 2d Cir. Ct., Nov. 7, 2019) (Department of Health's Response to
Plaintiff's Motion for Sanctions)
Kenneth N. Woliner, M.D. v. State of Florida, et al., Case No. 2019-CA-
277 (Fla. 2d Cir. Ct., Nov. 12, 2019) (Plaintiff's Verified Response to
Defendants’ Motion to Refer Plaintiff to State Attorney)
Martha Sofronsky's Motion for Summary Judgment - Case No. 18-cv-
80305-WPD
Notice of Appearance by Kristen Summers, Louise St. Laurent, and
Brynna Ross in DOH v. Kenneth Woliner - Sept. 14, 2015
Stella L. Heredia v. Department of Highway Safety and Motor Vehicles,
State of Florida, Case No. 87-17826 CA (10) (Fla. 11th Cir. Ct., Nov. 2,
1989) (order granting $350 in costs for violation of Chapter 119, despite
non-compliance with section 284.30)
Webb v. Escambia School Board, 2009 WL 8655059, (Fia. Cir. Ct, Dec.
4, 2009) (Memo of Law in Support of Defendant's Motion to Dismiss)
F. A concise statement of those issues of law on which there is no agreement; a concise
statement of those issues of fact which remain to be litigated.
To be determined.
G. A concise statement of those issues of law which remain for determination by the judge.
191. Ifthe Defendants do not waive attorney-client privilege and allow Mr. Michael
Williams to give testimony, will there be any adverse inference (striking claims of party)?
H. A concise statement of any disagreement as to the application of the rules of evidence.
The parties agree that Title VII, the Florida Evidence Code (Chapters 90 and 92, Florida
Statutes), applies in this case.
I. A list of all motions or other matters which require action by the Judge.
Plaintiff's Motions.
1. Plaintiff's Motion for Sanctions of Attorney Fees and Costs against Defendant
Department of Health (DOR), filed on July 1, 2019. [DE 145]. DEFENDANT OPPOSES.
2. Plaintiff's Motion to strike testimony of Defendant's former counsel, Michael J. Williams,
under Rule 4-3.7(a), Rules Regulating the Florida Bar, which he presented to the Court as part of
the Defendant's Response to Plaintiff's Motion for Sanctions [DE 155], filed as part of Plaintiff's
Reply On November 14, 2019. [DE 157, at pages 2-3]. DEFENDANT PRESUMABLY
OPPOSES.
3. Plaintiff's Motion to strike Defendant's reference to Mrs. Martha Sofronsky with the
adjective "bereaved" by Defendant's former counsel, Michael J. Williams in [DE 155], under
matinee AN ANY ne AON AND Tatas Obnttne ae ete teed wee See Weg Mtoe eet
SCCULUUS YU.4U 1 AU YU.4U), PLULLUd OLALULES a5 UCL WICLOVaLIL, AU 1 LUG ALCL Mauve, PLUvVaALLVe
value is substantially outweighed by the danger of unfair prejudice, filed as part of Plaintiff's
Reply On November 14, 2019. [DE 157, at pages 4-6]. DEFENDANT PRESUMABLY
OPPOSES.
204. Plaintiff's Motion in Limine to prohibit Defendant s from referring to Mrs. Martha
Sofronsky with the adjective "bereaved" or similar term, under sections 90.401 and 90.403,
Florida Statutes as being irrelevant, and in the alternative, probative value is substantially
outweighed by the danger of unfair prejudice, to be filedon____—. DEFENDANT.
PRESUMABLY OPPOSES.
5. Plaintiff's Motion in Limine for Judicial Notice on Matters Which Must Be Judicially
Noticed Under Section 90.201, Florida Statutes, to be filedon____—_—. DEFENDANT.
OPPOSES. '°
6. Plaintiff's Motion in Limine for Judicial Notice on Matters Which May Be Judicially
Noticed Under Sections 90.202 and 90.204, Florida Statutes, to be filed on
DEFENDANT OPPOSES. !!
7. Plaintiff's Motion in Limine for a Burden-Shifting Rebuttable Presumption, or, in the
Alternative, an Adverse Inference Instruction, Based Upon a Failure to Evidence Of The Subject
MP3 Sound Recording Public Record, under Florida Standard Jury Instruction 301.11, to be
filed on . DEFENDANT OPPOSES, ”
8. Plaintiff's Motion in Limine for a Burden-Snifting Kebutiabie Presumption, or, in the
Alternative, an Adverse Inference Instruction, Based Upon a Failure to Keep a Record of the
Records Disposition Document for The Disposal Of The Subject MP3 Sound Recording Public
"° Katelyn R. Boswell, Email to Plaintiff entitled, "RE: SERVICE OF COURT DOCUMENT
50-2017-CA-013398 - Re: Pre-Hearing Stipulation Draft", sent Wednesday, December 18, 2019
2:41 PM ("As to the motions listed in your draft, the Department will oppose, should you file
them.")
Mora
4a.
2g
21Record, under Florida Standard Jury Instruction 301.11, to be filed on
DEFENDANT PRESUMABLY OPPOSES.
9. Conditionally, Should the Defendant, Department of Health, Intentionally and
Voluntarily Put Their Attorney-Client Relationship "At-Issue" by Attempting to Establish a
Claim or Defense by Describing or Disclosing an Otherwise Privileged Attorney-Client
Communication or Privileged Documents While Testifying To Refresh a Witness's Memory and
Influence Testimony, Plaintiff's Motion To Declare The Attorney-Client Privilege Waived by the
Defendants, under section 90.502(4)(d), Florida Statutes, and Savino v. Luciano, 92 So. 2d 817,
819 (Fla. 1957), to be filed on . DEFENDANT PRESUMABLY OPPOSES.
10. Plaintiff's Motion in Limine to Require the Parties to Update and Supplement Discovery
Responses to Ensure These Responses are Accurate, Complete, and Not Misleading, to be filed
on . DEFENDANT PRESUMABLY OPPOSES.
11. Plaintiff's Motion in Limine to Require the Parties to Produce a Privilege Log and All
Documents Responsive to Opposing Parties' Discovery Requests Which Have Not Previously
Been Produced on the Grounds of "Fact-Work Product" But Which Have Not Been Itemized On
a Privilege Log, Under Fia.®.Civ.P. i.280(b)(6), fo be jiied on . DEFENDANT
PRESUMABLY OPPOSES.
12. Plaintiff's Motion in Limine to Require the Parties to Produce Fact Work-Product
Responsive to Discovery Requests Which the Parties Intend or Expect to Use At Trial, on the
authority of , Northup v. Acken, 865 So. 2d 1267, 1272 (Fla. 2004), to be filed on
DEFENDANT PRESUMABLY OPPOSES.
Defendant's Motions.
22Defendant has notified Plaintiff that it has one motion outstanding, and may file one or
more additional motions:
1. Defendant’s Motion to Strike References to Unrelated Civil Action and Request
for Damages filed on November 4, 2019. PLAINTIFF OPPOSES.
2. Defendant's Motion for Final Judgment filed on . PLAINTIFF
OPPOSES.
3. Defendant requests the Court take judicial notice of all documents appearing on
the docket in this case. PLAINTIFF AGREES.
J. An estimate as to the length of time required for the hearing.
Plaintiff's Estimate.'*
Plaintiff estimates this evidentiary hearing to require fifteen (16) hours inclusive of
opening statements; testimony of witnesses; presentation of portions of video depositions in
compliance with Rule 1.330(a)(1), (a)(2) and (a)(3)(B); and closing statements .
Defendant's Esitmate.
Defendant has not shared any estimate with Plaintiff.
'S Plaintiff notes that the Defendant did not make specific objections to any of Plaintiff's
proposed facts to be admitted requiring no proof at hearing under Section E. Instead Defendant's
counsel wrote, "Any Facts that are not directly related to the issue of sanctions/attorneys fees are
not relevant to the pending proceeding and should not be included in the pre-hearing stipulation."
Plaintiff contends the inability of the parties to agree on admitted facts is the principal reason that
this evidentiary hearing is estimated to take sixteen hours.
23WHEREFORE, the Parties submit the Joint Pre-hearing stipulation as above.
Respectfully submitted this _20th_ day of _December_, 2019.
/s/ Kenneth N. Woliner
Kenneth N. Woliner, M.D.
as Pro Se Plaintiff
Kenneth N. Woliner, M.D.
23086 Island View Drive, #6
Boca Raton, FL 33433
Telephone: 954-770-6009
drwoliner@wolinermd.com
CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 4
Movant's attorney has spoken in person or by telephone with the attorney(s) for all
parties who may be affected by the relief sought in the motion in a good faith effort to resolve or
narrow the issues raised.
Movant’s attorney has attempted to speak in person or by telephone with the attorney(s)
for all parties who may be affected by the relief sought in the motion.
x One or more of the parties who may be affected by the motion are self represented.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished on
this 20th day of December 2019 (at 1:02 a.m.) via email to counsel for Defendant Department of
Health, Katelyn Rose Boswell and Christine E. Lamia, 4052 Bald Cypress Way, Bin A-02,
Waa. IAIND Tat. /OLN\ ELO N10. Ta (OLEAN NAL ANAL. OW
Tananassee, PiOida IZIYY, Te1epnoie (Oou) I0-9I1Y, Tetepnoiie (osu) 245-4UZ1, Binait.
Christine.Lamia@flhealth.gov; Katelyn.Boswell@flhealth.gov; Nikkisha.Asbey@flhealth.gov
/s/ Kenneth N. Woliner
QVoannoth N Walinor MD
ARCIMICUE IN. WY OLeL, Wve,
as Pro Se Plaintiff
24
Preview
Filing # 100688194 E-Filed 12/20/2019 11:58:22 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA KENNETH N. WOLINER, M_D., Plaintiff, CASE NO. 50-2017-CA-013398-XXXX-MB v. CIRCUIT CIVIL DIVISION AB THE STATE OF FLORIDA DEPARTMENT OF HEALTH; PATRICK E. SIMMONS; SAUNDRE D. WILSON; LOUISE R. WILHITE-ST. LAURENT; ANT MADTITA CATDANOUV AND WIAA DUP RULWOR Defendants. / NOTICE OF FILING Plaintiff’ Kenneth N. Woliner, M_D., ("Plaintiff") hereby files this Notice of Filing Plaintiff's Unilateral Pre-Hearing Statement in response to the Court's Orders issued in this matter on October 24, 2019 [DE 152] and December 6, 2019 [DE 163]. Respectfully Submitted, /s/ Kenneth N. Woliner Kenneth N. Woliner, M.D. as Pro Se Plaintiff Kenneth N. Woliner, M.D. 23086 Island View Drive, #6 Boca Raton, FL 33433 Telephone: 954-770-6009 drwoliner@wolinermd.com. CUCN. DAIAARCACUAAIINTY Cl CUADAND ANY FLEDY 49/INNINNAA 44-69-99 DAA PILL. PALE DLAI VUUINE TT, FL, OHI. DUUN, ULLIAN, 1eieuieuig 11. iveCERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished on this 20th day of December 2019 (at 1:02 a.m.) via email to counsel for Defendant Department of Health, Katelyn Rose Boswell and Christine E. Lamia, 4052 Bald Cypress Way, Bin A-02, Tallahassee, Florida 32399, Telephone (850) 558-9919; Telephone (850) 245-4021; Email: Christine. Lamia@flhealth.gov; Katelyn. Boswell@flhealth.gov; Nikkisha.Asbey@flhealth.gov /s/ Kenneth N. Woliner Kenneth N. Woliner, M.D. as Pro Se PlaintiffIN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA KENNETH N. WOLINER, M_D., Plaintiff, CASE NO. 50-2017-CA-013398-XXXX-MB v. CIRCUIT CIVIL DIVISION AB THE STATE OF FLORIDA DEPARTMENT OF HEALTH; PATRICK E. SIMMONS; SAUNDRE D. WILSON; LOUISE R. WILHITE-ST. LAURENT; AND MARTHA SOFRONSKY Defendants. / PLAINTIFF'S UNILATERAL PRE-HEARING STIPULATION Plaintiff, Kenneth N. Woliner, M.D., pro se, the parties file a Joint Pre-Hearing Stipulation in response to the Court's Orders on October 24, 2019 [DE 152] and December 6, 2019 [DE 163], and states: PREAMBLE Plaintiff has made numerous good-faith efforts to arrange for a conference to agree to a joint pre-hearing stipulation. On November 15, 2019 8:56 AM, Plaintiff emailed Defendant's Counsel, Mr. Williams, suggesting we meet promptly to meet the Court's original December 10, 2019 deadline, and suggested a schedule in which initial draft pre-hearing stipulations would be exchanged by December 2, 2019, and objections exchanged by December 9, 2019. After Mr. Williams failed to acknowledge, much less answer Plaintiff's November 15th email, Plaintiff followed un with a cacand amail an Navamhar 12 9010 1-59 DM Mr Williame did racnand at “6 fOuOWeG Up Wins @ oeconu Ciuau OG WOVemUE: 10, 2va7 TOL civ. iat, yiuiidios Ulu Teopune at5:14 PM that same day, stating, " Thank you for following up. I need to take a look at the order and other dates on my end and get back to you." Mr. Williams did not "get back" to Plaintiff. After another week had passed, on November 26, 2019 12:08 PM, Plaintiff sent a third email, and offered to assist Defendants in complying with the Court's Order by filing a joint motion for an Enlargement of Time (exchanging draft pre-hearing stipulations and exhibits by December 13th, and filing the joint pre-hearing stipulation with the Court on December 20th. Again, no response. Another week passed. On December 2, 2019 5:14 PM, Ms. Katelyn Boswell emailed Plaintiff and informed him that approximately one-half hour before (4:56:42 PM) that she filed a Motion for Substitution of Counsel without conferring with Plaintiff first. : [DE 159]. There was no explanation of why Mr. Williams was no longer counsel on the case.” Regardless, Plaintiff did not oppose Mr. Williams' withdrawal as counsel, conceding that every litigant has the right to choose whom to have represent them, exchanging numerous emails between December 2nd and 10th, and agreeing to an order on Defendant's Substitution of Counsel (which was 8 days after aoe Bp ge eet el tt etl tre la le tena ar on ws + the improperly tled original Motion). ~ [UE 15¥]. Un December 1Uth, Ms. Boswell, through a ' Ms. Boswell also did not comply with Local Rule 4 that requires a certification "without modification and shall designate with a check mark or other marking the specific certification(s) that apply". ? Without an explanation by Defendant's Counsel, Plaintiff has speculated the substitution of counsel was made to remove Mr. Williams from the Court's jurisdiction and prevent him from providing testimony at the upcoming Sanctions Hearing. 3 This is in contrast to Mr. Williams opposing the withdrawal of Mr. O'Boyle as Plaintiff's Counsel, causing the Court to utilize its resources with a hearing on October 24, 2019, and for Plaintiff to incur addition expense to file an opposed motion to withdraw. [DE 149; DE 150; DE 153]."Consent of Client", identified Ms. St. Laurent as the “Corporate Representative" for the State of Florida Department of Health. On December 12th, 2019 1:27 PM, Ms. Boswell emailed Plaintiff and asked for an extension from her deadline of December 13th due to a family emergency of her co-counsel, Ms. Lamia. At 1:35 PM the same day, Plaintiff agreed to Ms. Boswell's enlargement of time without inquiring further. On December 16, 2019 5:15 PM, Ms. Boswell transmitted the Defendant, Department of Health's Draft Pre-Hearing Stipulation. Less than eight hours later, on December 16, 2019 1:00 AM, Plaintiff sent Plaintiff's Draft/Proposed Pre-Hearing stipulation. Plaintiff included a list of exhibits (attaching copies of exhibits to successive emails); a description of testimony for each witness to not "blind-side" Defendant's counsel; a list of fact Plaintiff wished to deem admitted which were supported by direct references to deposition testimony (date, page:line) by Ms. St. Laurent and Ms. Kristen Summers (in her representative as a DOH Corporate Representative); a list of outstanding motions, and an estimate of the length of time required for the hearing. Plaintiff noted that if the parties stipulated to easily proved facts, the hearing would likely last iess than four (4) hours, but if there were no stipulations, the presentation of evidence by witnesses with personal knowledge would require over eight hours. On December 18, 2019 3:55 AM, Plaintiff provided his objections to Defendant's Draft Pre-Hearing Stipulation. Later that day, at 2:41, Ms. Boswell categorically rejected Plaintiff's Draft/Proposed Pre-Hearing stipulation and all of Plaintiff's proposed admitted facts, insisting on using Defendant's draft template/document. Further, Ms. Boswell insisted that there should be no reference to other proceedings she deemed irrelevant to this proceeding, neglecting the fact that Nafandant had inaludad rafarannac ty tum athar nennaadinac (MOALH 16_4NA2DT + and 0-128 Uidt DUCnGale dG HCUUeG Teaereuces LO EW Out PrUCeCuHg UU LOD uToE Ls, aU 7.10>80305-CIV Dimitrouleas (since reversed/remanded)). Enigmatically, Ms. Boswell demanded that no witness who had previously provided testimony before this Court should be allowed testify "as such testimony would not be relevant and would be a waste of the Court's time". This demand was most perplexing as that would eliminate both Plaintiff (myself) and Ms. St. Laurent (the DOH Corporate Representative whom Ms. Boswell herself identified as a witness), from testifying at the Evidentiary Hearing. Lastly, Ms. Boswell stated "As to the motions listed in your draft, the Department will oppose, should you file them." This of course, includes the Motion in Limine for Judicial Notice under sections 90.201 and 202, Florida Statutes. On Thursday, December 19, 2019 3:59 PM, Plaintiff called Defendant's counsel and left an email at 4:06 PM, taking the initiative to open the door to settlement negotiations. At 4:25 PM, a 10-minute conversation took place. 4 On December 20, 2019, Defendant's counsel provided a Preamble that in the sake of brevity, left out the aforementioned facts. A. A concise statement of the nature of the controversy. 1. Is Plaintiff the prevailing party on Count One (Unlawful Refusal to Disclose Public Documenis, sections 119.07(i)(a) and 119.12, Florida Siatuies (2016)) of the initial Verified Complaint? 2. If Plaintiff is the prevailing party, is Plaintiff entitled to recover taxable costs, excluding attomey fees, from Defendant, Department of Health under sections 57.041 and 119.12, Florida Statutes (2016)? 4 Plaintiff notes that the Mediation Confidentiality and Privilege Act (ss. 44.401 — 44.406, Fla. Stat.) does not apply to the situation at hand. See section 44.402, Fla. Stat. (2019). However, in an abundance of caution, the Court is not provided any description of Plaintiff's phone call with Defendant's counsel which occurred on Thursday, November 19, 2019. 63. Does section 284.30, Florida Statutes, preclude Plaintiff from recovering costs from Defendant Department of Health? 4. Does section 284.30, Florida Statutes, apply to sanctions, or just to pleadings? 5. What sanctions under section 57.105(1), Florida Statutes, if any, should the Court impose upon Defendant, Department of Health, pursuant to the Court's previously issued Order of March 9, 20187 6. What sanctions under the court's inherent authority of the Inequitable Conduct Doctrine, if any, should the Court impose upon Defendant, Department of Health? B. A brief statement of each party's position. Plaintiff's position: 1. The Plaintiff is the prevailing party. Defendant, Department of Health had a duty to maintain the subject MP3 sound recording public record, failed to do so, failed to attempt to reacquire the MP3 sound recording, and failed to produce it for inspection and copying. 2. The Plaintiff is entitled to recover taxable costs, excluding attorney fees, under both sections 57.04i and ii9.i2, Florida Statutes (2016). 3. Section 284.30 only applies to attorney fees and has no application to taxable costs. 4. Section 284.30 only applies to pleadings and has no application to sanctions applied by motion or sua sponte by the Court. 5. The Court should impose sanctions upon the Department of Health under section 57.105(1) , as described in this Court's March 9, 2018 Order, or the Inequitable Conduct Doctrine. Nafandantle nacitian: weienuaie 9 PUoUUIL.Defendant contends that the issues raised in the Plaintiffs Motion for Sanctions have been previously determined by the court and are moot. The Department withdrew its challenge of the Chapter 119 violation alleged in Plaintiff's Complaint, 35 days after it filed its answer. The issues raised by the Plaintiff in the subject Motion for Sanctions have already been heard and decided in this proceeding. C. A list of exhibits to be offered at the hearing, noting any objections thereto and the grounds for each objection. Plaintiff's Exhibits. State of Florida and Department of Health Official Documents: P-1. Code of Ethics for Public Officers and Employees P-2. Department of Health (DOH) Code of Ethics Training FY 14-15 P-3. Department of Health (DOH) Public Records Desk Manual (2017) P-4. Department of Health (DOH) Public Records Desk Manual (2017) P-5. DOH Annual Compliance Statement under Rule 1B-24.003(11), F.A.C. for the year 2016 P-6. DOH Annual Compliance Statement under Rule 1B-24.003(11), F.A.C. for the year 2017 P-7. DOH Annual Compliance Statement under Rule 1B-24.003(11), F.A.C. for the year 2018 P-8. DOH Annual Compliance Statement under Rule 1B-24.003(11), F.A.C. for the year 2019 PS. DOH Oftice ot General Counsel Annual Compitance Statement under Kuie iB- 24.003(11), F.A.C. for the year 2016 P-10. DOH Office of General Counsel Annual Compliance Statement under Rule 1B- 24.003(11), F.A.C. for the year 2017 P-11. DOH Office of General Counsel Annual Compliance Statement under Rule 1B- 24.003(11), F.A.C. for the year 2018 P-12. DOH Office of General Counsel Annual Compliance Statement under Rule 1B- RA NNIAN TA Cnt ania Z4.UUIUL1), PALL. LOD ue year 2ZU17 P-13. DOHP 250-2-07 Bureau of General Services Records Management of Department Records (Jan. 2, 2008) P-14. DOHP 30-1-08 DOH Public Records Request Policy (July 21, 2008) P-15. DOHP 385-OD10-19 DOH MQA Public Request Policy (Mar. 21, 2019) P-16. Ethics On-Boarding Presentation (Contains Audio) (Annual/Mandatory Training) P-17. Florida Attorney General - Open Government (accessed Dec. 16, 2019) - phone mumbar 26N_IAS_NTAN ume Gu=25-vasuP-39. P-40. Florida Department of State, BASICS OF RECORDS MANAGEMENT HANDBOOK (Oct. 2017) Florida Department of State, BASICS OF RECORDS MANAGEMENT HANDBOOK (Oct. 2009) FLORIDA DEPT OF STATE - LEGISLATIVE RECORDS - GUIDE TO PREPARATION AND TRANSFER (2017) Florida DOH Office of Inspector General Management Advisory Report OIG 17- 224 (Mar. 21, 2018) Florida Office of the Governor Executive Order 11-03 Florida Office of the Governor Executive Order Number 07-01 General Counsel _ Florida Department of Health (website last modified Nov. 13, 2019) Government in the Sunshine Manual (2016 edition) HB 195 (2020) - Public Records - Bill Text HB 195 (2020) - Public Records - Staff Analysis (12-9-2019) Leadership _ Florida Department of Health (webpage last modified Nov. 13, 2019) Open Government Contacts by Agency - DOH - Kendra Washington Public Records - A Guide for Law Enforcement Agencies - AG Ashley Moody (2019) SB 162 (2020) - Public Records - Bill Text SB 162 (2020) - Public Records - Staff Analysis (11-6-2019) State of Florida Electronic Records and Records Management Practices (Nov. 2010) STATE OF FLORIDA ELECTRONIC RECORDS AND RECORDS MANAGEMENT PRACTICES (November 2010) State of Florida Employee_Handbook_Template_Final_11232016 STATE OF FLORIDA FILES MANAGEMENT HANDBOOK (December 1998) STATE OF FLORIDA GENERAL RECORDS SCHEDULE GS1-SL (August 2017) STATE OF FLORIDA GENERAL RECORDS SCHEDULE GSi-SL (February 19, 2015) STATE OF FLORIDA RECORDS MANAGEMENT SELF-EVALUATION GUIDE (September 1999) STATE OF FLORIDA STATE RECORDS CENTER HANDBOOK September 2019 Depositions in which party of interest was available to cross-examine witness TAY 41. P-42. P-43. P-44. P-45. P-46. T attane | 0. CWS FU mit A AAIO LEN AAIT AA AT2INON SorroisKy Depo, Apitt 421, LU1L0 \QU-ZUL /-LA-V1II9O) St. Laurent Depo, September 7, 2018 (50-2017-CA-013398) Summers Depo, December 18, 2018 (18-cv-80305-WPD) St. Laurent Depo, December 18, 2018 (18-cv-80305-WPD) DOH Corporate Representative Summers Depo, April 18, 2019 (2019-CA-277) St. Laurent Depo, June 6, 2019 (Hibbert v. Florida DOH, Case No. 4.18-cv-440- MW-CAS (N_D. Fla. 2019)P-47. P-48. P-49. P-50. Emails: P-SI. P-52. P-53. P-54. P-55. P-56. P-57. St. Laurent, Contemporaneous Notes from MP3 sound recording public record (4 pages) Summers, DOH v. Kenneth Woliner, MD, DOAH de-briefing handout St. Laurent, letter Nov. 1, 2016 (P029010-061216) Woliner, letter to DFS, Dec. 12, 2017 (50-2017-CA013398) Email - Brynna Ross to Kristen Summers and Louise St. Laurent, Jan. 19, 2016 Sofronsky email to Kristen Summers, Feb. 2, 2016 (15-5043PL) Email - Louise St. Laurent to Sharmin Hibbert, Feb. 5, 2016 Composite emails between Louise St. Laurent and David Fursteller, Feb. 5, 2016 Composite emails between The O'Boyle Law Firm and Michael J. Williams - July 1, 2019 - October 24, 2019 Composite emails between Plaintiff, Kenneth N. Woliner, and Michael J. Williams - April 10 - 11, 2019 Email - Louise St. Laurent to Bennett Miller and 5 more - September 14, 2016 State of Florida and other websites meeting the criteria in section 90.202(12), Fla. Stat. http://orechner.org/resources/attorneys-fees/ http://brechner.org/resources/brechner-resources/ http://brechner.org/resources/faq/ http://myfloridalegal.com/webfiles.nsf/WF/MNOSBAMQDX/$file/2019+Law+E nforcement+Guide+v6.pdf http://www .leg-state.fl.us/cgi- bin/View_Page.pl?Tab=info_center&Submenu=2&File=index.html&Directory=p ortal/legistore/&Location=app http://www.leg,state.fl.us/Statutes/index.cfm?Tab=statutes&submenu=- 1&CFID=80763704 &CFTOKEN=ad74394b95bb04d5- 1CCA3684-5056-B837- 1A7A5B43E1591841 http://www.myflsunshine.com/sun-.nsf/sunmanual https://dos.myflorida.com/library-archives/records-management/ https://dos.myflorida.com/library-archives/records-management/about-records- management/ https://dos.myflorida.com/library-archives/records-management/dispose-of- public-records/ https://dos.myflorida.com/library-archives/records-management/disaster- recovery/ https://dos.myflorida.com/library-archives/records-management/disaster- recovery/disaster-recovery-vendors/ https .//d0s aay hotida. con NoTaly-ai chives TecOras -managenienl dispose-O1- public-records/approved-methods-of-destruction/ https://dos.myflorida.com/library-archives/records-management/disaster- recovery/disaster-recovery-vendors/data-magnetic-media-and-audiovisual- recovery/ https://dos.myflorida.com/library-archives/records-management/dispose-of- public-records/ hittne-//dac mriflarida cam /lihrary_archivas/ranardo_manaaamant/farme_and. MUps.// G09. ty MOLUG. CO LOL aL Yd CL ¥ ©o/1 C001 Go -LGa BeLe LEY LOL LLL Gd kOe publications/ 10P-74. P-75. P-76. P-77. P-78. P-79. P-80. P-81. P-82. P-83. P-84. P-85. P-86. P-87. P-88. P-89. P-90. P-91. P92. P-93. P-94. P-95. P-96. P-97. nao F-¥0. P-99. P-100. P-101. P-102. P-103. D_INA aut, https://dos.myflorida.com/library-archives/records-management/general-records- schedules/ https://dos.myflorida.com/library-archives/records-management/records- management-liaison-officers/ https://dos.myflorida.com/library-archives/records-management/records- management-training/ https://dos.myflorida.com/library-archives/records-management/records- management-faq/ https://dos.myflorida.com/library-archives/records-management/records- management-liaison-officers/ https://dos.myflorida.com/library-archives/records-management/records- management-training/seminars/ https://dos.myflorida.com/library-archives/records-management/records- management-training/ https://dos.myflorida.com/library-archives/records-management/records- management-liaison-officers/ https://dos.myflorida.com/library-archives/records-management/related-links/ https://dos.myflorida.com/library-archives/records-management/state-records- center/ https://dos.myflorida.com/library-archives/records-management/statutes/ https://dos.myflorida.com/media/3 1057/non-src-destructionlabel-pdf https://dos.myflorida.com/media/3 1060/non-sre-destruction-request-form.pdf https://dos.myflorida.com/media/3 1062/records-and-document-recovery- techniques.pdf https://dos.myflorida.com/media/3 1064/records-disposition.pdf https://dos.myflorida.com/media/3 1 067/records-retention-schedule- request105.pdf https://dos.myflorida.com/media/3 1073/records-storage-transmittal-and- receipt201 pdf https://dos.myflorida.com/media/3 1076/reference-service-request203 pdf hitps://dos.myfiorida.com/medita/3 1078/return-ot-reference-requestZU6.pdt_ https://dos.myflorida.com/media/3 1096/rmlo-appointment-form.pdf https://dos.myflorida.com/media/3 1101/rmselfevaluationguide.pdf https://dos.myflorida.com/media/3 1 105/basicsrecordsmanagement.pdf https://dos.myflorida.com/media/3 1 107/filesmanagementhandbook.pdf https://dos.myflorida.com/media/3 1 109/electronicrecordsmanagementpractices.pd Hlips.//GOS.MyOriGa. Con MeUIa/3 1514, taster oIpudUcHiOL. pat https://dos.myflorida.com/media/695843/facilitieshandbook-recordscenters.pdf https://dos.myflorida.com/media/695844/facilitieshandbook-archives.pdf https://dos.myflorida.com/media/698270/61 10-legislative-records-manual-2017- with-image.pdf https://dos.myflorida.com/media/6983 12/gs 1 -sl-2017-final.pdf https://dos.myflorida.com/media/698386/records-inventory-worksheet-radio.pdf ttre: //dac mrflarida cam /madialhOQAS4/final hacine_nf_racarde_manaaamant. MUps.// GUS.tny MOLE. COL He MG! U7 OF SU) Lindi =Ud 9100" 1-1 CC U1 US =T a a Ge LLLe Le 2017.pdf 11P-105. _ https://dos.myflorida.com/media/700643/rmloapptform2019.pdf P-106. _https://dos.myflorida.com/media/701981/7151-src-handbook-new-language.pdf P-107. https://flalegistore.com/ P-108. —_ https://floridafaf.org/about/ P-109. _ https://floridafaf.org/resources/faqs/ P-110. https://floridafaf.org/resources/open-government-resources/ P-111. _ https://floridafaf.org/wp-content/uploads/2019/06/HB-407.pdf P-112. https://floridafaf.org/wp-content/uploads/2019/06/SB-602.pdf Rebuttal evidence as necessary. Defendant reserves the right to object to the exhibits disclosed by Plaintiff in his unilateral pre-hearing statement. To the extent that the exhibits disclosed in Plaintiff's unilateral pre-hearing statement are the same as those listed in the 68-page draft provided to the Department on December 17, 2019, the Department, objects to Plaintiff's exhibits, with the exception of those documents which are also listed above as Defendant’s exhibits, on the basis that they are irrelevant, misleading, do not tend to prove or disprove a material fact, lack foundation, lack authentication, contain inadmissible hearsay, are needlessly cumulative, a waste of the Court’s time and resources, may contain privileged information, are prejudicial, and lack any probative value. Defendant's Exhibits. D-1: Transcript from February 26, 2019 Hearing D-2: Plaintiff's Motion for Final Judgment and Attorney’s Fees filed on April 22, 2019 TV. Teen netend OT wn DOW. OL T Wn en eles ae de hd ee Ont 7 NI V-3) LTaMSCIIpt OL LOUISE NK. WILMLE-OL. Laurent § VEpOSiuON CONUUCLEU O SEpieMmivEr 7, 2U10 D-4: Transcript of Martha Sofronsky’s Deposition conducted on April 27, 2018 Plaintiff has no objections to Defendant Exhibits D-1 through D-4. 12D. A list of names and addresses of all witnesses intended to be called at the hearing by each party, with expert witnesses so designated. Plaintiffs Witnesses. Category A. Witnesses that the parties, in good faith, intend to call at trial. 1. Kenneth N. Woliner M.D. fact witness pro se Plaintiff 23086 Island View, #6 Boca Raton, FL 33433 2. Gina Woliner fact witness 23086 Island View, #6 Boca Raton, FL 33433 3. Jonathan R. O'Boyle, Esq. fact witness and expert witness c/o The O'Boyle Law Firm (has agreed to accept service) 1286 W Newport Center Dr Deerfield Beach, FL 33442-7733 4. Kristen Blackwell fact witness c/o The O'Boyle Law Firm (has agreed to accept service) 1286 W Newport Center Dr Deerfield Beach, FL 33442-7733 5. Martha Sofronsky - move to "A" fact witness 17745 46 Court North Loxahatchee, FL 33470 6. Michael Jovane Williams, Esq. ° fact witness® Tet Aa cents nk OTT Ta PIVlLida VepalUlent OL Meal 5 Plaintiff is fully aware that Mr. Williams' clients may also assert "work-product" privilege under Rule 1.280(b)(6), Fla. R. Civ. P., and in such event, Plaintiff requests a privilege log so Plaintiff can determine if a motion for an in camera review is appropriate to determine applicability of the privilege. © Plaintiff is fully aware that attorney-client privilege may prevent Mr. Williams from testifying. However, in the event that Mr. Williams' client(s) do waive attorney-client privilege, Plaintiff intends to call Mr. Williams to testify. 1310. 11. 12. 4052 Bald Cypress Way; Bin C-65 Tallahassee, FL 32311-7840 Louise R. Wilhite-St. Laurent’ Florida Department of Health Corporate Representative General Counsel fact witness Florida Department of Health 4052 Bald Cypress Way; Bin A-02 Tallahassee, FL 32399 Louise K. Wilhite-St. Laurent, Esq. Chief Ethics Officer fact witness Florida Department of Health 4052 Bald Cypress Way; Bin A-02 Tallahassee, FL 32399 Louise K. Wilhite-St. Laurent, Esq. Individual Capacity - as a Defendant fact witness Florida Department of Health 4052 Bald Cypress Way; Bin A-02 Nichole Geary Former General Counsel, Florida Department of Health (during 2013-2018) fact witness Floridian Partners, LLC 108 S Monroe St Tallahassee, FL 32301 Kristen M. Summers fact witness Florida Department of Health 4052 Bald Cypress Way; Bin A-02 Tallahassee, FL 32399 Melvin Lumpkin*® DOH Records Management Liaison Officer (RMLO) (during the years 2013-2017, for 7 In previous interactions between pro se Plaintiff and Defendants’ former counsel, Mr. Michael J. Williams, Mr. Williams made it clear that each witness must be identified in a subpoena as to whether they are giving testimony as to their personal knowledge (individual capacity), or giving testimony as to the institutional knowledge for the Department of Health (corporate representative capacity). 14public records request P029010-061216) fact witness Florida Department of Health - Executive Dir/Support Services 4052 Bald Cypress Way; Bin A-02 Tallahassee, FL 32399 13. Eleanor L. Fountain DOH Records Management Liaison Officer (RMLO) (current) fact witness Florida Department of Health 4052 Bald Cypress Way; Bin A-02 Tallahassee, FL 32399 14. Taneria 'Kendra' Washington Public Records/Open Government Contact Person fact witness Florida Department of Health 4052 Bald Cypress Way; Bin A-02 Tallahassee, FL 32399 15. Saundre Wilson Department of Health Records Custodian (for Public Records Request P029010-061216) fact witness Florida Department of Health 4052 Bald Cypress Way; Bin A-02 Tallahassee, FL 32399 16. Shayla Cole Department of Health Records Manager (for Public Records Request P029010-061216) fact witness Florida Department of Health 4052 Bald Cypress Way; Bin A-02 Tallahassee, FL 32399 17. Timothy R. Few? fact witness Government Operations Consultant II THe da Tete ek Oba Teel Aneto Tan Ont ne PIVLIUa VEpalUUCUl OL OAL - LIVIALY/ ALCINVES/ IMU OL VICES: R.A. Gray Building ® This witness's address is greater than 100 miles from the address of the Court. Pro se Plaintiff intends to coordinate with Defendants' counsel to schedule deposition in lieu of live testimony to preserve testimony in accordance with Rule 1.290(a)(1), Fla.R.Civ.P. ° This witness's address is greater than 100 miles from the address of the Court. Pro se Plaintiff intends to coordinate with Defendants' counsel to schedule deposition in lieu of live testimony to preserve testimony in accordance with Rule 1.290(a)(1), Fla.R.Civ.P. 15500 South Bronough Street Tallahassee, Florida 32399 Category B. Those witnesses which may or may not be called, depending upon what witnesses the opposing party calls or other unanticipated issues that are raised, ete. Due to the fact that Defendant did not stipulate to any facts proposed by Plaintiff, all "Category B" witnesses have been moved to "Category A" Category C. Witnesses who the party does not intend to call, but are listed as witnesses out of an abundance of caution because they have some knowledge of the facts or issues in dispute at trial. 18. Joseph Wright fact witness Florida Department of Health 4052 Bald Cypress Way; Bin A-02 Tallahassee, FL 32399 19. Stephanie C. Boggs fact witness Government Gperaitons Consuitant I Florida Department of State - Library/Archives/Info Services R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 20. Sarah Young Hodges, Esq. Tact Witiess Chief Appellate Counsel 4052 Bald Cypress Way, Bin #C-65 Tallahassee, FL 32399-0001 21. Hillary A. Ryan, Esq. fact witness Offiea of the Cannty Attarnay Caracata VILIC’ OL ule UOuLy AUWOIeY, Baraouud 1660 Ringling Blvd Fl 2 16Sarasota, FL 34236-6808 Defendant's Witnesses. E. A concise statement of those facts which are admitted and will require no proof at hearing, together with any reservations to such admissions. Defendant did not agree to any of the facts offered by Plaintiff, nor did Defendant cite any specific objections. However, Defendant offered general objections of: irrelevant, misleading, do not tend to prove or disprove a material fact, lack foundation, lack authentication, contain inadmissible hearsay, are needlessly cumulative, a waste of the Court’s time and resources, may contain privileged information, are prejudicial, and lack any probative value. However, for the sake of efficiency Plaintiff lists items for judicial notice herein. Case No. 50-2017-CA-013398 Jud. Notice-1 All answers to Defendant's First Request for Admissions Jud. Notice-2 All Docket Entries in this Case (Case No. 50-2017-CA-013398), Jud. Noitce- 3 Ail documents produced by Defendants in response to Requesi for Production Jud. Notice-4 Sofronsky Amended Response to request for Interrogatories - 10 and 11 (50-2017-CA-013398) Florida Constitution: Jud. Notice-5 — Florida Constitution, Article I, Section 24(a) Florida Statutes: Z = (NA1ON Menten ON Maat da ents 7 oO UMlAplel YU, PIVLIUd OLALULES (ZULY) Jud. Notice-7 Chapter 92, Florida Statutes (2019) Jud. Notice-8 Chapter 112, Part III, Florida Statutes Jud. Notice-9 — Section 119.01, Florida Statutes (2016) Jud. Notice - 10 Section 119.011, Florida Statutes (2016) Jud. Notice - 11 Section 119.035, Florida Statutes (2016) Jud. Notice - 12 Section 119.07, Florida Statutes (2016) Ind Noatina 12 Gantinn 110 N71 Blarida Gtatutac (2014) yua. NOUCE = a5 CUCU aa su sua, P1Oriud OlaLUWwS (eu Uy Jud. Notice - 14 Section 119.071, Florida Statutes (2016) 17Jud. Notice - 15 Jud. Notice - 16 Jud. Notice - 17 Jud. Notice - 18 Jud. Notice - 19 Jud. Notice - 20 Jud. Notice - 21 Jud. Notice - 22 Jud. Notice - 23 Jud. Notice - 24 Jud. Notice - 25 Jud. Notice - 26 Jud. Notice - 27 Section 119.0712, Florida Statutes (2016) Section 119.10, Florida Statutes (2016) Section 119.11, Florida Statutes (2016) Section 119.12, Florida Statutes (2016) Section 119.12, Florida Statutes (2018) Section 257.36, Florida Statutes (2016) Section 284.30, Florida Statutes (2017) Section 57.041, Florida Statutes (2017) Section 57.105, Florida Statutes (2018) Section 934.02, Florida Statutes (2013) Section 934.03, Florida Statutes (2013) Section 934.03, Florida Statutes (2016) Section 934.06, Florida Statutes (2016) Rules with either statewide or 15th Circuit binding effect: Jud. Notice - 28 Jud. Notice - 29 Jud. Notice - 30 Jud. Notice - 31 Jud. Notice - 32 Jud. Notice - 33 Jud. Notice - 34 Jud. Notice - 35 Florida Rules of Civil Procedure Jury Instruction 301.11(b) - Failure to maintain evidence or keep a record Jury Instruction 503.2 - Punitive Damages - Non-Bifurcated Procedure Palm Beach Circuit Court Local Rule 4 Rule 1B-24.001, Florida Administrative Code (2016) Rule 1B-24.003, Florida Administrative Code (2016) Rule 1B-26.003, Florida Administrative Code (2016) Rules Regulating the Florida Bar (RRTFB), September 19, 2019 US. Supreme Court, Florida Supreme Court, Florida Appellate Court Cases: Jud. Notice - 36 Jud. Notice - 37 Jud. Notice - 38 Jud. Notice - 39 Jud. Notice - 40 Jud. Notice - 41 Jud. Notice - 42 Jud. Notice - 43 Jud. Notice - 44 Jud. Notice - 45 Jud. Nouce - 46 Jud. Notice - 47 Jud. Notice - 48 Jud. Notice - 49 Jud. Notice - 50 Jud. Notice - 5 1 oO, ji ud. Notice - 52 Baxter v. Palmigiano, 425 U.S. 308, 319 (1976) Chandler v City of Sanford, 121 So. 3d 657 (Fla. 5th DCA 2013) Department of Health v. Rehabilitation Center at Hollywood Hills, 259 So. 3d 979 (Fla. Ist DCA 2018) News and Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectual Group, Inc., 596 So. 2d 1029, 1031 (Fla. 1992) Pohl v. MH Sub I, LLC, --- F.Supp.3d ---- (2019) Pubitc Heaith Trust of Dade County v. Vaicin, 507 So.2d 596 (Fia. 1987) Puls v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996) State v. Webb, 786 So. 2d 602 (Fla. Ist DCA 2001) TIG Ins. Corp. of America v. Johnson, 799 So. 2d 339 (Fla. 4th DCA 2001) Times Pub Co Inc v City of St Petersburg, 558 So. 2d 487 (Fla. 2d DCA 1990) a paseo aerneacen Ia aceua a nan ToOUeT Vv Saiicnez, 41/ OV. 24U LUIS (Pld. JU ULA L902) Trial Transcript, February 26, 2019 (50-2017-CA-013398) Tribune Co v Cannella, 438 So. 2d 516 (Fla. 2d DCA 1983) Wallace v Guzman, 687 So. 2d 1351 Fla. 3d DCA 1997) Wilkinson v. Florida Adult Care Ass'n, Inc., 450 So. 2d 1168 (Fla. 2d DCA 1984) Wisner v City of Tampa Police Dept, 601 So. 2d 296 (Fla. 2d DCA 1992) NOATN. DOAH hearing transcript, February 3, 2016 (Case No. 15-5043PL) 18Jud. Notice - 53 Jud. Notice - 54 Jud. Notice - 55 Jud. Notice - 56 Jud. Notice - 57 Jud. Notice - 58 Jud. Notice - 59 Jud. Notice - 60 Jud. Notice - 61 Jud. Notice - 62 Jud. Notice - 63 Jud. Notice - 64 Jud. Notice - 65 Election of Rights 5.18.2015 (Case No. 2013-08450, DOAH Case No.15- 5043PL) Hearing Transcript, Rehabilitation Center at Hollywood Hills v. Dept. of Health, June 12, 2018 (2018-CA-233) Holly Mathis v. O'Reilly Auto Parts, DOAH Case No. 16-1072, at 5-6 (Recommended Order July 13, 2016; Agency Final Order Feb. 9, 2017) IT-01-2016 - unsigned undated Records Disposition Document - produced by DOH in discovery on 4.23.2019 Kenneth N. Woliner, M.D. v. State of Florida, et al., Case No. 2019-CA- 277 (Fla. 2d Cir. Ct., Feb. 4, 2019) (Verified Complaint to Enforce Public Records Act) Kenneth N. Woliner, M.D. v. State of Florida, et al., Case No. 2019-CA- 277 (Fla. 2d Cir. Ct., Oct. 25, 2019) (Mediation Report) Kenneth N. Woliner, M.D. v. State of Florida, et al., Case No. 2019-CA- 277 (Fla. 2d Cir. Ct., Oct. 28, 2019) (Plaintiff's Verified Motion for Sanctions for Parties' Failure to Appear at Mediation) Kenneth N. Woliner, M.D. v. State of Florida, et al., Case No. 2019-CA- 277 (Fla. 2d Cir. Ct., Nov. 7, 2019) (Department of Health's Response to Plaintiff's Motion for Sanctions) Kenneth N. Woliner, M.D. v. State of Florida, et al., Case No. 2019-CA- 277 (Fla. 2d Cir. Ct., Nov. 12, 2019) (Plaintiff's Verified Response to Defendants’ Motion to Refer Plaintiff to State Attorney) Martha Sofronsky's Motion for Summary Judgment - Case No. 18-cv- 80305-WPD Notice of Appearance by Kristen Summers, Louise St. Laurent, and Brynna Ross in DOH v. Kenneth Woliner - Sept. 14, 2015 Stella L. Heredia v. Department of Highway Safety and Motor Vehicles, State of Florida, Case No. 87-17826 CA (10) (Fla. 11th Cir. Ct., Nov. 2, 1989) (order granting $350 in costs for violation of Chapter 119, despite non-compliance with section 284.30) Webb v. Escambia School Board, 2009 WL 8655059, (Fia. Cir. Ct, Dec. 4, 2009) (Memo of Law in Support of Defendant's Motion to Dismiss) F. A concise statement of those issues of law on which there is no agreement; a concise statement of those issues of fact which remain to be litigated. To be determined. G. A concise statement of those issues of law which remain for determination by the judge. 191. Ifthe Defendants do not waive attorney-client privilege and allow Mr. Michael Williams to give testimony, will there be any adverse inference (striking claims of party)? H. A concise statement of any disagreement as to the application of the rules of evidence. The parties agree that Title VII, the Florida Evidence Code (Chapters 90 and 92, Florida Statutes), applies in this case. I. A list of all motions or other matters which require action by the Judge. Plaintiff's Motions. 1. Plaintiff's Motion for Sanctions of Attorney Fees and Costs against Defendant Department of Health (DOR), filed on July 1, 2019. [DE 145]. DEFENDANT OPPOSES. 2. Plaintiff's Motion to strike testimony of Defendant's former counsel, Michael J. Williams, under Rule 4-3.7(a), Rules Regulating the Florida Bar, which he presented to the Court as part of the Defendant's Response to Plaintiff's Motion for Sanctions [DE 155], filed as part of Plaintiff's Reply On November 14, 2019. [DE 157, at pages 2-3]. DEFENDANT PRESUMABLY OPPOSES. 3. Plaintiff's Motion to strike Defendant's reference to Mrs. Martha Sofronsky with the adjective "bereaved" by Defendant's former counsel, Michael J. Williams in [DE 155], under matinee AN ANY ne AON AND Tatas Obnttne ae ete teed wee See Weg Mtoe eet SCCULUUS YU.4U 1 AU YU.4U), PLULLUd OLALULES a5 UCL WICLOVaLIL, AU 1 LUG ALCL Mauve, PLUvVaALLVe value is substantially outweighed by the danger of unfair prejudice, filed as part of Plaintiff's Reply On November 14, 2019. [DE 157, at pages 4-6]. DEFENDANT PRESUMABLY OPPOSES. 204. Plaintiff's Motion in Limine to prohibit Defendant s from referring to Mrs. Martha Sofronsky with the adjective "bereaved" or similar term, under sections 90.401 and 90.403, Florida Statutes as being irrelevant, and in the alternative, probative value is substantially outweighed by the danger of unfair prejudice, to be filedon____—. DEFENDANT. PRESUMABLY OPPOSES. 5. Plaintiff's Motion in Limine for Judicial Notice on Matters Which Must Be Judicially Noticed Under Section 90.201, Florida Statutes, to be filedon____—_—. DEFENDANT. OPPOSES. '° 6. Plaintiff's Motion in Limine for Judicial Notice on Matters Which May Be Judicially Noticed Under Sections 90.202 and 90.204, Florida Statutes, to be filed on DEFENDANT OPPOSES. !! 7. Plaintiff's Motion in Limine for a Burden-Shifting Rebuttable Presumption, or, in the Alternative, an Adverse Inference Instruction, Based Upon a Failure to Evidence Of The Subject MP3 Sound Recording Public Record, under Florida Standard Jury Instruction 301.11, to be filed on . DEFENDANT OPPOSES, ” 8. Plaintiff's Motion in Limine for a Burden-Snifting Kebutiabie Presumption, or, in the Alternative, an Adverse Inference Instruction, Based Upon a Failure to Keep a Record of the Records Disposition Document for The Disposal Of The Subject MP3 Sound Recording Public "° Katelyn R. Boswell, Email to Plaintiff entitled, "RE: SERVICE OF COURT DOCUMENT 50-2017-CA-013398 - Re: Pre-Hearing Stipulation Draft", sent Wednesday, December 18, 2019 2:41 PM ("As to the motions listed in your draft, the Department will oppose, should you file them.") Mora 4a. 2g 21Record, under Florida Standard Jury Instruction 301.11, to be filed on DEFENDANT PRESUMABLY OPPOSES. 9. Conditionally, Should the Defendant, Department of Health, Intentionally and Voluntarily Put Their Attorney-Client Relationship "At-Issue" by Attempting to Establish a Claim or Defense by Describing or Disclosing an Otherwise Privileged Attorney-Client Communication or Privileged Documents While Testifying To Refresh a Witness's Memory and Influence Testimony, Plaintiff's Motion To Declare The Attorney-Client Privilege Waived by the Defendants, under section 90.502(4)(d), Florida Statutes, and Savino v. Luciano, 92 So. 2d 817, 819 (Fla. 1957), to be filed on . DEFENDANT PRESUMABLY OPPOSES. 10. Plaintiff's Motion in Limine to Require the Parties to Update and Supplement Discovery Responses to Ensure These Responses are Accurate, Complete, and Not Misleading, to be filed on . DEFENDANT PRESUMABLY OPPOSES. 11. Plaintiff's Motion in Limine to Require the Parties to Produce a Privilege Log and All Documents Responsive to Opposing Parties' Discovery Requests Which Have Not Previously Been Produced on the Grounds of "Fact-Work Product" But Which Have Not Been Itemized On a Privilege Log, Under Fia.®.Civ.P. i.280(b)(6), fo be jiied on . DEFENDANT PRESUMABLY OPPOSES. 12. Plaintiff's Motion in Limine to Require the Parties to Produce Fact Work-Product Responsive to Discovery Requests Which the Parties Intend or Expect to Use At Trial, on the authority of , Northup v. Acken, 865 So. 2d 1267, 1272 (Fla. 2004), to be filed on DEFENDANT PRESUMABLY OPPOSES. Defendant's Motions. 22Defendant has notified Plaintiff that it has one motion outstanding, and may file one or more additional motions: 1. Defendant’s Motion to Strike References to Unrelated Civil Action and Request for Damages filed on November 4, 2019. PLAINTIFF OPPOSES. 2. Defendant's Motion for Final Judgment filed on . PLAINTIFF OPPOSES. 3. Defendant requests the Court take judicial notice of all documents appearing on the docket in this case. PLAINTIFF AGREES. J. An estimate as to the length of time required for the hearing. Plaintiff's Estimate.'* Plaintiff estimates this evidentiary hearing to require fifteen (16) hours inclusive of opening statements; testimony of witnesses; presentation of portions of video depositions in compliance with Rule 1.330(a)(1), (a)(2) and (a)(3)(B); and closing statements . Defendant's Esitmate. Defendant has not shared any estimate with Plaintiff. 'S Plaintiff notes that the Defendant did not make specific objections to any of Plaintiff's proposed facts to be admitted requiring no proof at hearing under Section E. Instead Defendant's counsel wrote, "Any Facts that are not directly related to the issue of sanctions/attorneys fees are not relevant to the pending proceeding and should not be included in the pre-hearing stipulation." Plaintiff contends the inability of the parties to agree on admitted facts is the principal reason that this evidentiary hearing is estimated to take sixteen hours. 23WHEREFORE, the Parties submit the Joint Pre-hearing stipulation as above. Respectfully submitted this _20th_ day of _December_, 2019. /s/ Kenneth N. Woliner Kenneth N. Woliner, M.D. as Pro Se Plaintiff Kenneth N. Woliner, M.D. 23086 Island View Drive, #6 Boca Raton, FL 33433 Telephone: 954-770-6009 drwoliner@wolinermd.com CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 4 Movant's attorney has spoken in person or by telephone with the attorney(s) for all parties who may be affected by the relief sought in the motion in a good faith effort to resolve or narrow the issues raised. Movant’s attorney has attempted to speak in person or by telephone with the attorney(s) for all parties who may be affected by the relief sought in the motion. x One or more of the parties who may be affected by the motion are self represented. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished on this 20th day of December 2019 (at 1:02 a.m.) via email to counsel for Defendant Department of Health, Katelyn Rose Boswell and Christine E. Lamia, 4052 Bald Cypress Way, Bin A-02, Waa. IAIND Tat. /OLN\ ELO N10. Ta (OLEAN NAL ANAL. OW Tananassee, PiOida IZIYY, Te1epnoie (Oou) I0-9I1Y, Tetepnoiie (osu) 245-4UZ1, Binait. Christine.Lamia@flhealth.gov; Katelyn.Boswell@flhealth.gov; Nikkisha.Asbey@flhealth.gov /s/ Kenneth N. Woliner QVoannoth N Walinor MD ARCIMICUE IN. WY OLeL, Wve, as Pro Se Plaintiff 24