Document for HILL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARGARET CARLTON DECEASED, CHELSEA vs. LOPEZ, LEONEL D.O.

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                                Filing # 145833880 E-Filed 03/16/2022 02:23:16 PM

                     IN THE CIRCUIT COURT OF THE 19 JUDICIAL CIRCUIT IN AND FOR
                                      MARTIN COUNTY, FLORIDA
                                          CASE NO. 21-610-CA

        CHELSEA HILL, as Personal Representative of
        the Estate of Margaret Carlton, deceased,

        Plaintiff,


        LEONEL LOPEZ, D.O.; PARAGON CONTRACTING SERVICE, LLC;
        MICHAEL MALTMAN, M.D.; TREASURE COAST TOPDOC, PLLC;
        MARTIN MEMORIAL MEDICAL CENTER, INC., d/b/a CLEVELAND
        CLINIC TRADITION HOSPITAL; and MARTIN MEMORIAL PHYSICIAN
        CORPORATION, INC., d/b/a MARTIN HEALTH PHYSICIAN GROUP,




             PLAINTIFF’S OBJECTION TO NOTICE OF PRODUCTION OF NON PARTY
                              AND/OR REQUEST FOR COPIES


                Plaintiff, pursuant to Florida Rule of Civil Procedure 1.351, objects to Defendants’ Notice

        of Production from Non-Party dated March 10 , 2022, and directed to the records custodian of:




                Plaintiff objects and will only agree if the following conditions below are strictly complied

        with. By issuing any Subpoena, or causing any Subpoena to be issued, Defendants agree to be

        strictly bound by the conditions below.

        1.      No third party shall be used to receive and copy anything received in response to any

        Subpoena. Angelides v. Boyes, No. 2012 CA 01697 (Fla. 12 Cir. Ct.); Vorse v. Jones, No. 2011

        CA 05779 (Fla. 12 Cir. Ct. Nov. 9, 2012). No third party shall sign any Subpoena for Defendant.

        See id. No third party shall issue any Subpoena for Defendant. See id
2.     Defense counsel shall provide readable copies (color when produced in color) in PDF

format to Plaintiff’s counsel of everything produced in response to the Subpoena referred to in the

Notice(s) of Production from Non-Party within ten days after Defendant’s counsel received the

items. Service of the copies shall be by email or digital storage device. Responding counsel agrees

to not add, change, or alter the records received and provided such as names, identifiers Bates

stamps, and the like. The records shall be provided in the exact form received by the party who

served the NPNP subpoena. By issuing the subpoena, the party agrees to this provision.

3.     Films, photographs, videos, etc. shall be produced in the format the recipient produced

them in.

4.     The Subpoena does not allow Defendants’ counsel to have discussions with any recipient

of the Subpoena.             ., §456.057(7)(a), Fla. Stat.

5.     Obtaining medical records or protected health information in violation of section 456.057

is a crime. State v. Kutik

6.     The Subpoena is not continuing in nature and cannot be used to request documents from

the recipient at a later date. Figaro v. Bacon-Green, 734 So. 2d 579, 581 (Fla. 3d DCA 1999).

7.     If Defense Counsel wants additional things produced from a recipient of a Subpoena, then

it shall begin the process states in Rule 1.351 anew, See id

8.     Payment for the reasonable cost for the requested copies shall not be due until Plaintiff’s

counsel receives the copies and a statement for reasonable copying costs.

9.     Defendant is prohibited from using anything and information obtained in violation of this

Objection. See Bradley v. Brotman, 836 So. 2d 1129, 1134 (Fla. 4

10.    In agreement with numbers 1-9, pursuant to Rule 1.351(e), Florida Rules of Civil
Procedure, Plaintiff hereby requests Defendant to furnish Plaintiff with a legible copy of each item
furnished to Defendant by non-parties pursuant to the Notice of Intent to Serve a Subpoena
Pursuant to Fla.R.Civ.P. 1.921 & 1.351 served by Defendant, on March 10 , 2022, and directed to
the Records Custodian of:




                               CERTIFICATE OF SERVICE

       WE HEREBY CERTIFY a copy of the foregoing was filed with the Eportal who will serve
copies of same on: sent by electronic mail to Thomas Aubin, Esq., Stearns Weaver, et al., 200 E.
Las Olas Blvd., Suite 2100, Ft. Lauderdale, FL 33301, (mpodolnick@stearnsweaver.com;
taubin@stearnsweaver.com; aspencer@stearnsweaver.com), James White, Esq, White & Russell,
P.A., 11641 Kew Gardens Avenue, Suite 101, Palm Beach Gardens, FL 33410
 white@wrtrial.com       walsh@wrtrial.com         leone@wrtrial.com       parker@wrtrial.com
wanser@wrtrial.com pleadings@wrtrial.com) and Robert Paradela, Esq., Wicker Smith, et al.,
515 E. Las Olas Blvd., Suite 1400, Ft. Lauderdale, FL 33301 (ftlcrtpleadings@wickersmith.com
        day of March, 2022.

                                                   RUBENSTEIN LAW, P.A.
                                                   Attorneys for Plaintiffs, Robert Callahan


                                                   Miami, FL 33156


                                                   Email: bonnie@rubensteinlaw.com
                                                          efabricant@rubensteinlaw.com
                                                          eservice@rubensteinlaw.com



                                                       /s/ Bonnie Navin
                                                   Bonnie Navin, Esquire
                                                   Florida Bar: 487759