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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR CHARLOTTE COUNTY
SALLY SIMON, as Personal Represenative
of the Estate of MICHAEL SIMON,
Plaintiff,
vs.
MARK ASPERILLA, MD, MARK ASPERILLA, MD,
PA, a Florida corporation, DALE GREENBERG, MD,
RONALD CONSTINE, MD, LEVY, BAKER,
CONSTINE & GREENBERG, MD, PA., a Florida
corporation, SAMUEL ESTEPA, MD, PRIMARY ARE
PHYSICIANS, INC., a Florida corporation, THOMAS
CASE NO.: 00-120-CA
K. WANZY, MD., THOMAS K. WANZY, MD, PA, a “Ti
Florida corporation, BALA K. NANDIGAM, MD, woe
CHARLOTTE MEDICAL ASSOCIATIONS, PA, a yacmr
Florida corporation, MODEN MOOPEN, MD, MOIDEN 4
MOOPEN, MD, PA. a Florida corporation, CARLOS E.
MAAS, MD, CARLOS E. MAAS, MD, PA., a Florida
80 Zid 91 834 cone
corporation, NASIR KHALIDI, MD, NASIR KHALIDI
& SAKINA KHALIDI, MD, PA. a Florida corporation,
ST. JOSEPH’S EMERGENCY MEDICAL
PHYSICIANS, a Florida corporation, FRANK
COLUNGA, MD, CHRIS MICKELSON, MD.
Defendants,
/
REQUEST TO PRODUCE
COME NOW, Defendants, MARK ASPERILLA, MD and MARK ASPERILLA, MD, PA,
by and through their undersigned counsel and, pursuant to Rule 1.350 of the Florida Rules of Civil
Procedure, request the Plaintiff, SALLY SIMON, as Personal Representative of the Estate of
MICHAEL SIMON, to produce the following for inspection and/or copying:
1. Copies of Federal Income Tax Returns, W-2 withholding tax statements, and all
other business records and/or income records, and evidence of income for the five (5)
years preceding the decedent's death.
2. Any and all written or recorded statements taken from the parties or witnesses
concerning any issue in this cause which is to be presented as evidence, as well as
any and all written or recorded statements of the Defendant concerning any issue in
this cause. Charlotte County Clerk
1059429 Date : 02/23/00 - 15:52:24 id: 14
Case#: 00000120C, Will 0004
I10.
tl.
12.
13.
14.
15.
Copies of any and all Petitions of Administration, Death Certificate, Last Will and
Testament, Oath and Designation of Resident Agent, Order Appointing Personal
Representative, Letters of Administration, Inventory, Federal Income Tax Return for
the Estate, Creditors, Claims, Final Accounting and Order of Discharge for the Estate
of Michael Simon.
An itemized copy of any and all medical bills or any other expenses incurred by the
deceased, Michael Simon.
All statements made by any witness to the subject incident which is to be presented
as evidence concerning any issue in this cause.
All photographs involved in the subject incident which are to be presented as
evidence.
All funeral bills and other related expenses incurred by the Estate of Michael Simon.
Any and all documentary evidence which Plaintiff intends to introduce at any trial of
this cause of action.
Copies of any and all life insurance policies issued on behalf of the Decedent,
Michael Simon.
Copies of any and all documents reflecting payments made to the Estate of Michael
Simon pursuant to any insurance benefits, including but not limited to life insurance
benefits.
Copies of the birth certificate for the Decedent, Michael Simon.
Copies of any and all documents, notes, memorandums, etc. evidencing net
accumulations of the Decedent as described in Section 768.1 8, Florida Statutes.
Copies of any and all documents, notes, memorandums, papers, etc, evidencing the
value of lost support and services as described in Section 768.21, Florida Statutes.
Copies of any and all documents, notes, memorandums, papers, etc. evidencing loss
of earnings of the Decedent as described in Section 768.21, Florida Statutes.
Copies of any and all medical, hospital, surgical, reports, histories, notes, test results,
letters, etc. for any medical treatment related to the decedent in his lifetime.
Copies of any and all petitions for Appointment of Guardian, Order Appointing
Guardian, Oath of Guardian, Bond of Guardian for the Guardianship.
-2-17. Copies of any and all reports of distributions, Waiver of Accounting and Service of
Petition for Discharge and Receipt of Beneficiary and Consent of Discharge of the
Estate of Michael Simon. Copies of any and all statements of claims filed against the
Estate of the Michael Simon along with copies of any and all satisfactions and release
of claims filed by said estate.
As grounds for this notice the Defendant would show unto this Court that these items are
relevant, material and reasonably calculated to lead to the discovery or admissible evidence in this
cause.
It is requested that the above documents and materials shall be produced thirty-five (35) days
from the date of Certificate of Service, at the offices of the undersigned at 100 Wallace Avenue,
Suite 240, Sarasota, FL 34237.
IT HEREBY CERTIFY that a true and correct copy of the foregoing has been delivered by
U.S. Mail this 14" day of February, 2000 to all counsel on the attached SERVICE LIST.
THOMPSONGOODISTHOMPSON
GROSECLOSE&RICHARDSON
A Professional Association
100 Wallace Avenue, Suite 240
Sarasota, FL 34237
Phone (941) 363-0540
Fax: (941) 366-5060
Attorneys for Defendants: MARK ASPERILLA, MD
and MARK ASPERILLA, MD, PA
E
Fla. Bar # 0135438
SE, ESQ.SERVICE LIST
SALLY SIMON, as Personal Represenative of the Estate of MICHAEL SIMON v.
MARK ASPERILLA, MD and MARK ASPERILLA, MD, et al
CASE NO.: 00-120-CA
THOMAS A. CULMO, ESQ.
2950 S.W. 27" Avenue
Grove Professional Bldg., Ste. 100
Miami, FL 33133
(305) 445-2339
(Fax) 445-4754
Attorney for Plaintiff
DENNIS KOLTUN, ESQ.
Dennis Koltun, P.A.
7101 SW 102™ Avenue
Miami, FL 33173
(305) 595-6791
(Fax)
Co-Counsel for Plaintiff
CRAIG STEVENS, ESQ.,
2000 Main Street, Suite 402
Ft. Myers, FL 33901
(941) 337-7787
(Fax)
Attorneys for DALE GREENBERG, MD, RONALD
CONSTINE, MD and LEVY, BAKER, CONSTINE &
GREENBERG, MD, PA.
BENITO DIAZ, ESQ.
2912 Douglas Road
Coral Gables, FL 33134
(305) 529-9910
(Fax)
Attorneys for SAMUEL ESTEPA, MD
RONALD H. JOSEPHER, ESQ.
Josepher & Battesse, P.A.
First Union Plaza, Suite 1190
100 S. Ashley Street
Tampa, FL 33602
(813) 228-7755
(Fax) 228-9006
ROSS FOGLEMAN, III, ESQ.
Fogleman & Rosenkoetter
3400 South Tamiami Trail, Suite 302
Sarasota, FL 34239
(941) 365-4400
(Fax) 954-4230
Attorneys for BALA K. NANDIGAM, MD and
THOMAS K. WANZY, MD and THOMAS K. WANZY,
MD, PA
KENNETH DEACON, ESQ.
Deacon & Moulds, P.A.
100 Second Avenue South, Ste. 902S
St. Petersburg, FL 33701
(727) 551-0000
(Fax)
Attorneys for MOIDEN MOOPEN, MD, MOIDEN
MOOPEN, MD, PA., CARLOS E. MAAS, MD
and CARLOS E. MAAS, MD, PA.
JOHN C. HAMILTON, ESQ.
100 N. Tampa Street, Suite 3650
Tampa, FL 33602
(813) 222-3939
(Fax)
Attorneys for NASIR KHALIDI, MD, NASIR KHALIDI
& SAKINA KHALIDI, MD, PA
RALPH MARCHBANK, ESQ.
1750 Ringling Blvd.
Sarasota, FL 34236-6859
(941) 366-4800
(Fax) 366-5 109
Attorneys for FRANK COLUNGA, MD
LYNN H. GROSECLOSE, ESQ.
Thompson, Goodis, Thompson, Groseclose &
Richardson, P.A.
100 Wallace Avenue, Suite 240
Sarasota, FL 34237
(941) 363-0540
(Fax) 366-5060
Attorneys for MARK ASPERILLA, M.D. and MARK
ASPERILLA, M.D, P.A.
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR CHARLOTTE COUNTY SALLY SIMON, as Personal Represenative of the Estate of MICHAEL SIMON, Plaintiff, vs. MARK ASPERILLA, MD, MARK ASPERILLA, MD, PA, a Florida corporation, DALE GREENBERG, MD, RONALD CONSTINE, MD, LEVY, BAKER, CONSTINE & GREENBERG, MD, PA., a Florida corporation, SAMUEL ESTEPA, MD, PRIMARY ARE PHYSICIANS, INC., a Florida corporation, THOMAS CASE NO.: 00-120-CA K. WANZY, MD., THOMAS K. WANZY, MD, PA, a “Ti Florida corporation, BALA K. NANDIGAM, MD, woe CHARLOTTE MEDICAL ASSOCIATIONS, PA, a yacmr Florida corporation, MODEN MOOPEN, MD, MOIDEN 4 MOOPEN, MD, PA. a Florida corporation, CARLOS E. MAAS, MD, CARLOS E. MAAS, MD, PA., a Florida 80 Zid 91 834 cone corporation, NASIR KHALIDI, MD, NASIR KHALIDI & SAKINA KHALIDI, MD, PA. a Florida corporation, ST. JOSEPH’S EMERGENCY MEDICAL PHYSICIANS, a Florida corporation, FRANK COLUNGA, MD, CHRIS MICKELSON, MD. Defendants, / REQUEST TO PRODUCE COME NOW, Defendants, MARK ASPERILLA, MD and MARK ASPERILLA, MD, PA, by and through their undersigned counsel and, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, request the Plaintiff, SALLY SIMON, as Personal Representative of the Estate of MICHAEL SIMON, to produce the following for inspection and/or copying: 1. Copies of Federal Income Tax Returns, W-2 withholding tax statements, and all other business records and/or income records, and evidence of income for the five (5) years preceding the decedent's death. 2. Any and all written or recorded statements taken from the parties or witnesses concerning any issue in this cause which is to be presented as evidence, as well as any and all written or recorded statements of the Defendant concerning any issue in this cause. Charlotte County Clerk 1059429 Date : 02/23/00 - 15:52:24 id: 14 Case#: 00000120C, Will 0004 I10. tl. 12. 13. 14. 15. Copies of any and all Petitions of Administration, Death Certificate, Last Will and Testament, Oath and Designation of Resident Agent, Order Appointing Personal Representative, Letters of Administration, Inventory, Federal Income Tax Return for the Estate, Creditors, Claims, Final Accounting and Order of Discharge for the Estate of Michael Simon. An itemized copy of any and all medical bills or any other expenses incurred by the deceased, Michael Simon. All statements made by any witness to the subject incident which is to be presented as evidence concerning any issue in this cause. All photographs involved in the subject incident which are to be presented as evidence. All funeral bills and other related expenses incurred by the Estate of Michael Simon. Any and all documentary evidence which Plaintiff intends to introduce at any trial of this cause of action. Copies of any and all life insurance policies issued on behalf of the Decedent, Michael Simon. Copies of any and all documents reflecting payments made to the Estate of Michael Simon pursuant to any insurance benefits, including but not limited to life insurance benefits. Copies of the birth certificate for the Decedent, Michael Simon. Copies of any and all documents, notes, memorandums, etc. evidencing net accumulations of the Decedent as described in Section 768.1 8, Florida Statutes. Copies of any and all documents, notes, memorandums, papers, etc, evidencing the value of lost support and services as described in Section 768.21, Florida Statutes. Copies of any and all documents, notes, memorandums, papers, etc. evidencing loss of earnings of the Decedent as described in Section 768.21, Florida Statutes. Copies of any and all medical, hospital, surgical, reports, histories, notes, test results, letters, etc. for any medical treatment related to the decedent in his lifetime. Copies of any and all petitions for Appointment of Guardian, Order Appointing Guardian, Oath of Guardian, Bond of Guardian for the Guardianship. -2-17. Copies of any and all reports of distributions, Waiver of Accounting and Service of Petition for Discharge and Receipt of Beneficiary and Consent of Discharge of the Estate of Michael Simon. Copies of any and all statements of claims filed against the Estate of the Michael Simon along with copies of any and all satisfactions and release of claims filed by said estate. As grounds for this notice the Defendant would show unto this Court that these items are relevant, material and reasonably calculated to lead to the discovery or admissible evidence in this cause. It is requested that the above documents and materials shall be produced thirty-five (35) days from the date of Certificate of Service, at the offices of the undersigned at 100 Wallace Avenue, Suite 240, Sarasota, FL 34237. IT HEREBY CERTIFY that a true and correct copy of the foregoing has been delivered by U.S. Mail this 14" day of February, 2000 to all counsel on the attached SERVICE LIST. THOMPSONGOODISTHOMPSON GROSECLOSE&RICHARDSON A Professional Association 100 Wallace Avenue, Suite 240 Sarasota, FL 34237 Phone (941) 363-0540 Fax: (941) 366-5060 Attorneys for Defendants: MARK ASPERILLA, MD and MARK ASPERILLA, MD, PA E Fla. Bar # 0135438 SE, ESQ.SERVICE LIST SALLY SIMON, as Personal Represenative of the Estate of MICHAEL SIMON v. MARK ASPERILLA, MD and MARK ASPERILLA, MD, et al CASE NO.: 00-120-CA THOMAS A. CULMO, ESQ. 2950 S.W. 27" Avenue Grove Professional Bldg., Ste. 100 Miami, FL 33133 (305) 445-2339 (Fax) 445-4754 Attorney for Plaintiff DENNIS KOLTUN, ESQ. Dennis Koltun, P.A. 7101 SW 102™ Avenue Miami, FL 33173 (305) 595-6791 (Fax) Co-Counsel for Plaintiff CRAIG STEVENS, ESQ., 2000 Main Street, Suite 402 Ft. Myers, FL 33901 (941) 337-7787 (Fax) Attorneys for DALE GREENBERG, MD, RONALD CONSTINE, MD and LEVY, BAKER, CONSTINE & GREENBERG, MD, PA. BENITO DIAZ, ESQ. 2912 Douglas Road Coral Gables, FL 33134 (305) 529-9910 (Fax) Attorneys for SAMUEL ESTEPA, MD RONALD H. JOSEPHER, ESQ. Josepher & Battesse, P.A. First Union Plaza, Suite 1190 100 S. Ashley Street Tampa, FL 33602 (813) 228-7755 (Fax) 228-9006 ROSS FOGLEMAN, III, ESQ. Fogleman & Rosenkoetter 3400 South Tamiami Trail, Suite 302 Sarasota, FL 34239 (941) 365-4400 (Fax) 954-4230 Attorneys for BALA K. NANDIGAM, MD and THOMAS K. WANZY, MD and THOMAS K. WANZY, MD, PA KENNETH DEACON, ESQ. Deacon & Moulds, P.A. 100 Second Avenue South, Ste. 902S St. Petersburg, FL 33701 (727) 551-0000 (Fax) Attorneys for MOIDEN MOOPEN, MD, MOIDEN MOOPEN, MD, PA., CARLOS E. MAAS, MD and CARLOS E. MAAS, MD, PA. JOHN C. HAMILTON, ESQ. 100 N. Tampa Street, Suite 3650 Tampa, FL 33602 (813) 222-3939 (Fax) Attorneys for NASIR KHALIDI, MD, NASIR KHALIDI & SAKINA KHALIDI, MD, PA RALPH MARCHBANK, ESQ. 1750 Ringling Blvd. Sarasota, FL 34236-6859 (941) 366-4800 (Fax) 366-5 109 Attorneys for FRANK COLUNGA, MD LYNN H. GROSECLOSE, ESQ. Thompson, Goodis, Thompson, Groseclose & Richardson, P.A. 100 Wallace Avenue, Suite 240 Sarasota, FL 34237 (941) 363-0540 (Fax) 366-5060 Attorneys for MARK ASPERILLA, M.D. and MARK ASPERILLA, M.D, P.A.