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Filing # 144979678 E-Filed 03/03/2022 11:00:37 AM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FL
INT VOALATT DACUDON CACTITIA
JUOL DOWD PAUIDUU UAD LILLY,
Plaintiff,
Vv.
UDR OKEEHEELEE, LLC, CIVIL DIVISION
Detenaant. CASE NG:
502020CA013988XXXXMB
/
PLAINTIFF’S RESPONSE TO DEFENDANT'S REQUEST FOR
COMPULSORY MEDICAL EXAMINATION
The Plamtiit, JOSE YSMAEL PACHECO CASTILLO, by and through ihe undersigned
counsel, and in accordance with Fla. R. Civ. P. 1.360(1)(a), responds to the Defendant's Request
for Compulsory Medical Examination dated 03/03/2022, and as grounds therefore states as
follows:
1. Defense counsel is responsible for furnishing to the defense CME physician all
copies of Plaintiffs diagnostic testing and other medical information necessary for the defense
CME physician to conduct an examination. Plaintiff will not produce any documents or films of
any kind at the examination.
2. Plaintiff's attorney, or other representative and/or court reporter and/or
videographer may attend the exam. Defense counsel shall be prohibited from attending
examination. Lunceford v. Florida Cent. R. Co., Inc., 728 So.2d 1239, 1240 (Fla. 5th DCA 1999).
3. Plaintiff or Plaintiff's Counsel will not be required to pay any additional fee(s) for
exercising their legal rights to have any representative of their choosing present at the CME.
CUE. DAIAARCACU RAALINTY Cl INCEDU ARDIIV7ZN FLED N2QINAINNND 44.NN-27 ANA
PLY. PAL DLA VUUINE TT, PL, JUOL IE mDNUeey, ULLIAN, YoruuiZuee 11. mii502020CA013988XXXXMB
4, Plaintiff will not be required to complete any written questionnaires or intake forms
at or before the scheduled CME. Plaintiff will not write anything or sign anything at the
examination other than filling out name, address, and date of birth.
5. Plaintiff will not submit to testing other than physical examination. Schagrin v.
Nacht, 683 So.2d 1173 (Fla. 4th DCA 1996). Plaintiff is entitled to know the extent of such
examination, including any tests the defense CME physician intends to perform, in order to seek
protection of the Court if necessary.
6. Pursuant to Fla. R. Civ. P. 1.360(b)(1), the defense CME physician shall be required
to prepare a detailed written report setting forth all of the physician’s findings, including all tests
made, diagnosis and conclusions. Such report shall be provided to Plaintiffs counsel not more
than Twenty (20) days after the CME of the Plaintiff.
7. Any protected health information generated or obtained by the defense CMEphysician shall be kept in accordance with the HIPPA requirements and shall not be disseminated
by either the defense CME physician or Defendant’s counsel to any other person or entity not a
party to this case.
&. Pursuant to Suarez-Burgos Vv. Morhaim, 745 So.2d 368 (Fia. 4th DCA LYYY),
Plaintiff will rely upon the report of the defense CME physician. Should the physician change,
alter or amend the opinions set forth in his/her medical report prior to a discovery cut-off to be set
in the pre-trial order, the defense CME physician shall prepare a supplemental report and the
Plaintiff shall immediately be provided a copy of the report.
9. The examination is to be limited to the specific medical conditions in controversy
and unless modified by another court order, such examination will be the only examination for the
madinal nanditians in aantenvarct
Mmcaicar COnaiuGns i COnWoversy.502020CA013988XXXXMB
10. The defense CME physician shall not ask and the Plaintiff will not respond to
questioning pertaining to when the Plaintiff hired an attorney, who referred the Plaintiff to any
doctor, how the Plaintiff found any of his/her doctors or any other questioning that could
compromise any legal privilege of the Plaintiff.
11. The defense CME physician shall not ask the Plaintiff questions regarding prior
medical treatment, issues of liability of the Defendant, or regarding the potential liability of any
other party, whether named as a defendant in this lawsuit or not.
12. The defense CME physician shall not refer to this examination as an "independent
medical examination", or any other such reference that would imply or connote such examination
as being Court authorized or Court sanctioned, or that the examining physician is “independent,”
“court authorized,” “court sanctioned,” or otherwise approved by the Court, but shall clearly
identify to the Plaintiff, and in his/her report, that he/she has been hired by Defendant and/or his/her
counsel to examine the Plaintiff in defense of the claims made in the above styled case.
13. The Defendant is responsible for notifying defense CME physician of the foregoing
parameters prior to the commencement of the examination502020CA013988XXXXMB
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
submitted on this 3rd day of March, 2022 to Eric L. Reichenberger, Esq., Marshall, Dennehey,
Warner, Coleman & Goggin, 2400 East Commercial Blvd., 1 1th Floor, Fort Lauderdale, FL 33308
(ELReichenberger@mdweg.com ; anjones@MDWCG.com.
RUBENSTEIN LAW, P.A.
Attorneys for Plaintiff
250 S. Australian Ave
Suite 1000
West Palm Beach, FL 33401
Tel: (305) 661-6000
Fax: (305) 670-7555
Email: tim@rubensteinlaw.com
jmolano@rubensteinlaw.com
eservice@rubensteinlaw.com
By: _/s/R. Timothy Vannatta
R. TIMOTHY VANNATTAPloriGd Dal INV... VUDIO ZY
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Filing # 144979678 E-Filed 03/03/2022 11:00:37 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FL INT VOALATT DACUDON CACTITIA JUOL DOWD PAUIDUU UAD LILLY, Plaintiff, Vv. UDR OKEEHEELEE, LLC, CIVIL DIVISION Detenaant. CASE NG: 502020CA013988XXXXMB / PLAINTIFF’S RESPONSE TO DEFENDANT'S REQUEST FOR COMPULSORY MEDICAL EXAMINATION The Plamtiit, JOSE YSMAEL PACHECO CASTILLO, by and through ihe undersigned counsel, and in accordance with Fla. R. Civ. P. 1.360(1)(a), responds to the Defendant's Request for Compulsory Medical Examination dated 03/03/2022, and as grounds therefore states as follows: 1. Defense counsel is responsible for furnishing to the defense CME physician all copies of Plaintiffs diagnostic testing and other medical information necessary for the defense CME physician to conduct an examination. Plaintiff will not produce any documents or films of any kind at the examination. 2. Plaintiff's attorney, or other representative and/or court reporter and/or videographer may attend the exam. Defense counsel shall be prohibited from attending examination. Lunceford v. Florida Cent. R. Co., Inc., 728 So.2d 1239, 1240 (Fla. 5th DCA 1999). 3. Plaintiff or Plaintiff's Counsel will not be required to pay any additional fee(s) for exercising their legal rights to have any representative of their choosing present at the CME. CUE. DAIAARCACU RAALINTY Cl INCEDU ARDIIV7ZN FLED N2QINAINNND 44.NN-27 ANA PLY. PAL DLA VUUINE TT, PL, JUOL IE mDNUeey, ULLIAN, YoruuiZuee 11. mii502020CA013988XXXXMB 4, Plaintiff will not be required to complete any written questionnaires or intake forms at or before the scheduled CME. Plaintiff will not write anything or sign anything at the examination other than filling out name, address, and date of birth. 5. Plaintiff will not submit to testing other than physical examination. Schagrin v. Nacht, 683 So.2d 1173 (Fla. 4th DCA 1996). Plaintiff is entitled to know the extent of such examination, including any tests the defense CME physician intends to perform, in order to seek protection of the Court if necessary. 6. Pursuant to Fla. R. Civ. P. 1.360(b)(1), the defense CME physician shall be required to prepare a detailed written report setting forth all of the physician’s findings, including all tests made, diagnosis and conclusions. Such report shall be provided to Plaintiffs counsel not more than Twenty (20) days after the CME of the Plaintiff. 7. Any protected health information generated or obtained by the defense CMEphysician shall be kept in accordance with the HIPPA requirements and shall not be disseminated by either the defense CME physician or Defendant’s counsel to any other person or entity not a party to this case. &. Pursuant to Suarez-Burgos Vv. Morhaim, 745 So.2d 368 (Fia. 4th DCA LYYY), Plaintiff will rely upon the report of the defense CME physician. Should the physician change, alter or amend the opinions set forth in his/her medical report prior to a discovery cut-off to be set in the pre-trial order, the defense CME physician shall prepare a supplemental report and the Plaintiff shall immediately be provided a copy of the report. 9. The examination is to be limited to the specific medical conditions in controversy and unless modified by another court order, such examination will be the only examination for the madinal nanditians in aantenvarct Mmcaicar COnaiuGns i COnWoversy.502020CA013988XXXXMB 10. The defense CME physician shall not ask and the Plaintiff will not respond to questioning pertaining to when the Plaintiff hired an attorney, who referred the Plaintiff to any doctor, how the Plaintiff found any of his/her doctors or any other questioning that could compromise any legal privilege of the Plaintiff. 11. The defense CME physician shall not ask the Plaintiff questions regarding prior medical treatment, issues of liability of the Defendant, or regarding the potential liability of any other party, whether named as a defendant in this lawsuit or not. 12. The defense CME physician shall not refer to this examination as an "independent medical examination", or any other such reference that would imply or connote such examination as being Court authorized or Court sanctioned, or that the examining physician is “independent,” “court authorized,” “court sanctioned,” or otherwise approved by the Court, but shall clearly identify to the Plaintiff, and in his/her report, that he/she has been hired by Defendant and/or his/her counsel to examine the Plaintiff in defense of the claims made in the above styled case. 13. The Defendant is responsible for notifying defense CME physician of the foregoing parameters prior to the commencement of the examination502020CA013988XXXXMB CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically submitted on this 3rd day of March, 2022 to Eric L. Reichenberger, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, 2400 East Commercial Blvd., 1 1th Floor, Fort Lauderdale, FL 33308 (ELReichenberger@mdweg.com ; anjones@MDWCG.com. RUBENSTEIN LAW, P.A. Attorneys for Plaintiff 250 S. Australian Ave Suite 1000 West Palm Beach, FL 33401 Tel: (305) 661-6000 Fax: (305) 670-7555 Email: tim@rubensteinlaw.com jmolano@rubensteinlaw.com eservice@rubensteinlaw.com By: _/s/R. Timothy Vannatta R. TIMOTHY VANNATTAPloriGd Dal INV... VUDIO ZY