Preview
Filing # 126210324 E-Filed 05/05/2021 12:27:38 PM
IN THE CIRCUIT COURT OF THE
19 JUDICIAL CIRCUIT IN AND
FOR MARTIN COUNTY, FLORIDA
CASE NO: 2019-CA-000015
FREDERIC CHARLES GREER, III, and
MELISSA ANNE GREER, as Husband and
Wife, and FREDERIC CHARLES GREER, III
and MELISSA ANNE GREER, individually,
Plaintiffs,
vs.
MARTIN MEMORIAL MEDICAL CENTER,
INC. d/b/a MARTIN MEDICAL CENTER, a
Florida Corporation, KUNAL CHAUDHRY, M.D.;
and CARDIOLOGY ASSOCIATES OF STUART,
P.A., a Florida profit corporation,
Defendants.
/
DEFENDANT, MARTIN MEMORIAL MEDICAL CENTER, INC, D/B/A MARTIN
MEDICAL CENTER’S, MOTION TO COMPEL RECORDS OF DR. NICHOLAS SUITE
COMES NOW Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a
MARTIN MEDICAL CENTER (“MMMC”), by and through the undersigned counsel, pursuant
to the applicable Florida Rules of Civil Procedure, files this Motion to Compel Records of Dr.
Nicholas Suite and states the following:
1 On March 17, 2021, MMMC propounded its Second Updated Requests for
Production and Second Updated Interrogatories on Plaintiffs. See Updated discovery requests
attached hereto as Composite Exhibit “A.”
2. Plaintiffs failed to timely respond and on April 20, 2021, counsel for MMMC wrote
to counsel for Plaintiffs’ requesting responses to the overdue discovery.
3 On April 22, 2021, MMMC filed a Motion to Compel the late discovery responses.
Electronically Filed Martin 05/05/2021 12:27 PM
4 On April 28, 2021, Plaintiffs served their Answers to MMMC’s Second Updated
Requests for Production and Second Updated Interrogatories.
The same day, counsel for MMMC wrote to counsel for Plaintiffs, advising them
that the records from Mr. Greer’s visits with Dr. Suite on September 17, 2020, and February 9,
2021, which were disclosed in Plaintiffs’ Answers to Second Updated Interrogatories were not
included in response to MMMC’s Second Updated Request for Production. See Letter to counsel
for Plaintiffs, attached hereto as Exhibit “B.” Defendant’s Second Updated Request for
Production number two sought the following:
Copies of any and all medical records and or imaging studies not previous
produced herein from any physicians, medical facilities, imaging facilities,
emergency care centers, dentists, ophthalmologists, chiropractors, mental
health care providers, hospitals or any other health care providers referred to
in your answers to MMMC’s Second Updated Interrogatories.
Exhibit “A.” (Emphasis added).
6 To date, MMMC has received no response.
1
MMMC has attempted to confer with counsel for Plaintiffs in good faith in an effort
to secure this discovery without court action.
8 MMMC has been prejudiced by Plaintiffs’ failure to provide the aforementioned
documents in response to MMMC’s Second Updated Request for Production as MMMC is unable
to prepare for trial without them.
WHEREFORE, Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a
MARTIN MEDICAL CENTER respectfully requests this Honorable Court enter an order
compelling Plaintiffs to provide the records of Dr. Nicholas Suite within ten (10) days and any
other relief this Court deems just and proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on thie Say of May, 2021, a copy of the foregoing was
served via the Florida E-Filing Portal to the parties on the attached service list.
STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
Attorneys for Martin Memorial Medical Center, Inc.
200 East Las Olas Blvd., Suite 2100
Fort Lauderdale, FL 33301
Phone: (954) 462-9500
Fax: (954) 462-9567
By
THOMAS G. AUBIN, (sulk
FBN: 008060
taubin @stearnsweaver.com
MATTHEW S. PODOLNICK, ESQUIRE
FBN: 112126
mpodolnick @stearnsweaver.com
SERVICE LIST
Peter J. Somera Jr., Esq. Geoffrey N. Fieger, Esq.
Paul M. Silva, M.D., Esq. Fieger Law
Somera & Silva, LLP 19390 West Ten Mile Road
2255 Glades Road, Suite 232W Southfield, MI 48075
Boca Raton, FL 33431 Phone: (248) 355-5555
Phone: (561) 981-8881 Fax: (248) 355-5148
Fax: (561) 981-8887 G.Fieger@Fiegerlaw.com
pleadings @somerasilva.com S.Teal @Fiegerlaw.com
litigation @somerasilva.com Co-Attorneys for Plaintiffs
Attorneys for Plaintiffs
Adam Richardson, Esq. Keith J. Puya, Esq.
Bard D. Rockenbach, Esq. Hector R. Buigas, Esq.
Burlington & Rockenbach, P.A Law Offices of Keith J. Puya, P.A.
444 West Railroad Avenue 4880 Donald Ross Road, Suite 225
West Palm Beach, FL 33401 Palm Beach Gardens, FL 33418
Tel: 561-721-0400 Phone: (561) 408-3772
ajr@FLAppellateLaw.com Fax: (561) 408-3759
bdr@FLAppellateLaw.com service @ puyalaw.com
fa@FLAppellateLaw.com Attorneys for Defendants Kunal Chaudhry,
Appellate attorneys for Plaintiffs M.D. and Cardiology Associates of Stuart,
PA.
Dinah Stein, Esq.
Hicks, Poerter, Ebenfeld & Stein
799 Brickell Plaza, 9" Floor
Miami, FL 33131
Phone: (305) 375-8171
dstein@mhickslaw.com
Attorneys for Defendants Kunal Chaudhry,
M.D. and Cardiology Associates of Stuart,
PA.
ee srr ——C =
IN THE CIRCUIT COURT OF THE 19"
JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR ST. LUCIE COUNTY, FLORIDA
FREDERIC CHARLES GREER, III, and CASE NO. 2019-000015-CA
MELISSA ANNE GREER,
as Husband and Wife, and
FREDERIC CHARLES GREER, III, and
MELISSA ANNE GREER, individually,
Plaintiffs,
VS.
MARTIN MEMORIAL MEDICAL CENTER, INC
d/b/a MARTIN MEDICAL CENTER,
a Florida Corporation, KUNAL CHAUDHRY, M.D. and
CARDIOLOGY ASSOCIATES OF STUART, P.A.,
a Florida Profit Corporation,
Defendants.
/
MARTIN MEMORIAL MEDICAL CENTER, INC.’S
NOTICE OF SERVING SECOND UPDATED INTERROGATORIES TO PLAINTIFES
Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN
MEDICAL CENTER, by and through undersigned counsel hereby gives notice of Propounding
its Second Updated Interrogatories to Plaintiffs, FREDERIC CHARLES GREER, III and
MELISSA ANNE GREER, to be answered pursuant to Rule 1.340 of the Florida Rules of Civil
Procedure.
DEFEN D,
IBIT
: ne
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this lf a of March, 2021 a copy of the foregoing was
filed and served via the Florida Courts’ E-Filing Portal to all parties listed on the attached service
list.
STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
Attorneys for Defendants
200 East Las Olas Blvd., Suite 2100
Fort Lauderdale, FL 33301
Telephone: (954) 462-9500
Facsimile: (9549) 462-9567
fe
By Lsf.
THOMAS G. AUB oe
}
FBN: 008060
taubin @stearnswea
MATTHEW S. PODOLNICK, ESQUIRE
FBN: 112126
mpodolnick @stearnsweaver.com
SERVICE LIST
Peter J. Somera Jr., Esq. Keith J. Puya, Esq.
Paul M. Silva, M.D., Esq. Hector R. Buigas, Esq.
Somera & Silva, LLP Law Offices of Keith J. Puya, P.A.
2255 Glades Road, Suite 232W 4880 Donald Ross Road, Suite 225
Boca Raton, FL 33431 Palm Beach Gardens, FL 33418
Phone: (561) 981-8881 Phone: (561) 408-3772
Fax: (561) 981-8887 Fax: (561) 408-3759
pleadings @somer
i lva.com eservice @ puyalaw.com
litigation @som ‘a.com Attorneys for Defendants Kunal Chaudhry,
Attorneys for Plaintiffs M.D. and Cardiology Associates of Stuart,
PA.
Dinah Stein, Esq. Adam Richardson, Esq.
Hicks, Poerter, Ebenfeld & Stein Burlington & Rockenbach, P.A.
799 Brickell Plaza, 9" Floor 444 West Railroad Avenue
Miami, FL 33131 West Palm Beach, FL 33401
Phone: (305) 375-8171 Tel: 561-721-0400
dstein@mbhickslaw.com ajr@FLAppellateLaw.com
Attorneys for Defendants Kunal Chaudhry, fa@FLAppel
M.D. and Cardiology Associates of Stuart, Appellate attorneys for Plaintiffs
P.A.
INTRODUCTION TO UPDATED INTERROGATORIES
Under the Fla. R. Civ. P. Rule 1.340, Interrogatories can involve an opinion or contention
that relates to fact or calls for conclusion or asks for information not within the personal
knowledge of the party.
A party shall respond to such interrogatory by giving the information he has and the source
upon which the information is based. If sufficient space is not provided hereinafter for
your complete and full answer to each question, you are to attach to your answers additional
papers containing your complete and full answer to each said question for which additional
space is needed.
DEFINITIONS
“Person” shall mean and include a natural person, partnership, firm or corporation or any
other kind of business or legal entity, its agent or employees.
The words “Document” and “Documents” means all written, recorded, or graphic matters,
including the originals and all non-identical copies, however produced and reproduced,
whether or not privilege, pertaining in any way to the subject matter of this action. This
definition includes, but is not limited to, correspondence, memoranda, notes, diaries,
statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements,
receipts, returns, summaries, pamphlets, books, prospective, inter-office and intro-office
communications, bulletins, printed matter, computer print-outs, teletypes, telefax, invoices,
worksheets, schedules, agreements, drawings, sketches, invoices, orders or
acknowledgements, diaries, appointment books, forecast: appraisals, video-tapes, audio-
tapes, transcripts or recordings, photographs, pictures or films, computer programs or data
or other graphic, symbolic, recorded or written materials of any nature whatsoever, (and
all drafts, alterations, modifications, changes and amendments of any of the foregoing)
microfilm, microfiche, motion pictures, and electronic, mechanical or electric records or
representations of any kind including, without limitations, cassettes and disc recordings.
In each instance wherein you are asked to “identify” a person or business, or the answer to
the question refers to a person or business, state with respect to each such person:
(1) his name;
(2) his last known residence, business address, and telephone;
(3) his company affiliation at the date of the transaction referred to; and
(4) his title and duties in the company with which he was affiliated.
(The male gender includes the female, and the singular pronoun includes the plural)
In each instance wherein you are asked to “identify” or describe a document, your
description should include, but not be limited to:
a) the name, address, telephone number, occupation, job title and employer of the
present custodian of the documents;
(2) the fact or facts which would tend to be established by the introduction into
evidence of each such document; and
(3) the date of the making of the document and the name, address, telephone number,
occupation, job title and employer of each person whose testimony could be used
to authenticate such document and lay the foundation for its introduction into
evidence.
“You” shall refer to the party to whom these Interrogatories are directed, as well as counsel
and any consultants, experts, investigators, agents, employees, servants, or other persons
acting on behalfof said party.
“Knowledge” includes first-hand information and information derived from any other
source including hearsay knowledge.
“Business” shall mean a natural person, sole proprietorship, general partnership, limited
partnership, joint venture, unincorporated firm or association, corporation or any other kind
of business or legal entity, its agents or employees.
When asked to state the “factual basis,” please state: all facts known by you which form
the basis for a specified allegation and which relate directly to or indirectly to the specified
allegation; the applicable date(s) of the activity involved; how you acquired or obtained
such factual information; from whom you acquired or obtained such factual information;
and when you acquired such factual information.
SECOND UPDATED INTERROGATORIES
TO PLAINTIFFS, FREDERIC CHARLES GREER, II and MELISSA ANN GREER
In accordance with Rule 1.340(e) of the Fla. R. Civ. P., sufficient space has been provided after each
interrogatory for the answer to be inserted. However, if, more space is needed, you should append the answer
to the interrogatory, making reference to such attachment in the space provided for the answer. The Rule does
not provide for placing all the answers on a single, separate page.
1 Identify each person who has answered or contributed any information used in answering
these interrogatories. If more than one person provided the information, state which
person(s) provided information used in answering each interrogatory
ANSWER:
2. List the names and business addresses of any and all physicians by whom FREDERIC
CHARLES GREER, III has been examined or treated since serving your Answers to
Interrogatories on April 30, 2020, including but not limited to neurologists, nephrologists,
cardiologists, internal medicine physicians, endocrinologists, urologists,
gastroenterologists, cardiovascular surgeons, ophthalmologists, dentists, hematologists,
physical medicine and rehabilitation physicians, doctors of osteopathy, emergency room
physicians, advanced registered nurse practitioners, and/or physician assistants, and state
as to each the dates of examination or treatment and the condition or injury for which
FREDERIC CHARLES GREER, III was examined or treated.
ANSWER:
3. List the names of any and all hospitals, clinics, and/or emergency departments at which
FREDERIC CHARLES GREER, III has been examined or treated since serving your
Answers to Interrogatories on April 30, 2020, and state as to each the dates of examination,
treatment, and/or presentation, and the condition or injury for which FREDERIC
CHARLES GREER, III was examined or treated.
ANSWER:
6
4. List the names and business addresses of any and all psychiatrists, psychologists,
neuropsychologists, counselors and/or mental health therapists by whom FREDERIC
CHARLES GREER, III has been examined or treated since serving your Answers to
Interrogatories on April 30, 2020, and state as to each the dates of examination or treatment
and the condition or injury for which FREDERIC CHARLES GREER, III was examined
or treated.
ANSWER:
5. Has FREDERIC CHARLES GREER, III received any type of home health care, attendant
care, or nursing care as a result of the incident alleged in the Second Amended Complaint?
If so, please provide the name, address, and telephone number of the person or company
who provided said services and describe the frequency with which FREDERIC CHARLES
GREER, III is receiving those services.
ANSWER:
6. List any and all falls FREDERIC CHARLES GREER, III has suffered since serving your
Answers to Interrogatories on April 30, 2020 as well as:
ANSWER:
The circumstances of the fall;
Whether the fall required medical treatment; and
The location and date of medical treatment related to the fall;
The injuries alleged suffered from as related to the fall.
7. List any vacations or trips FREDERIC CHARLES GREER, III has taken since serving
your Answers to Interrogatories on April 30, 2020.
ANSWER:
8. Please list any and all scheduled appointments you may have with any of the providers
listed in your answers to Numbers 2 and 4, above, or with any other health care or mental
health provider not listed above, as well as the date(s) of the appointment(s).
ANSWER:
2 Please list any scheduled independent medical examinations (IMEs) you may have with
any health care provider or mental health specialist, as well as the date(s) of the IME(s),
whether retained by your lawyers, appointed by any other agency or healthcare provider,
or workers’ compensation plan or seen independently.
ANSWER:
10. Please list any and all consultations you may have had, in phone, in person, or through any
form of electronic communication (email, text messaging, Skype, Facetime, Zoom, etc.),
with any of the providers listed in your answers to Numbers 2 and 4, above, or with any
other health care or mental health provider not listed above, as well as the date(s) of the
consultation(s).
ANSWER:
11. List each item of expense or damage that you claim to have incurred as a result of the
incident described in the Second Amended Complaint, giving for each item the date
incurred, the name and business address to whom each was paid or is owed and the goods
or services for which each was incurred since Plaintiff’s Verified Answers to Medical
Malpractice Interrogatories served on March 19, 2019.
ANSWER:
12. Has anything been paid or is anything payable from any third party for the damages listed
in your answers to these interrogatories since Plaintiff's Verified Answers to Medical
Malpractice Interrogatories served on March 19, 2019? If so, state for which expenses or
losses, the amounts paid or payable, the name and business address of the person or entity
which paid or owes said amounts and which of those third parties have or claim a right of
subrogation.
ANSWER:
I HEREBY ACKNOWLEDGE THAT THE ABOVE AND FOREGOING ANSWERS TO
INTERROGATORIES ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
FREDERIC CHARLES GREER, IIT
STATE OF FLORIDA
COUNTY OF
The foregoing Verified Answers to Updated Interrogatories were acknowledged before
me this day of . 2021 by , who is personally
known to me, or who has produced as
identification, and who did take an oath.
NOTARY PUBLIC
(Print Name of notary public)
My commission expires:
10
#9246216 v1
Filing # 123289657 E-Filed 03/17/2021 05:04:54 PM
IN THE CIRCUIT COURT OF THE 19"
JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR ST. LUCIE COUNTY, FLORIDA
FREDERIC CHARLES GREER, III, and CASE NO. 2019-000015-CA
MELISSA ANNE GREER,
as Husband and Wife, and
FREDERIC CHARLES GREER, III, and
MELISSA ANNE GREER, individually,
Plaintiffs,
VS.
MARTIN MEMORIAL MEDICAL CENTER, INC
d/b/a MARTIN MEDICAL CENTER,
a Florida Corporation, KUNAL CHAUDHRY, M.D, and
CARDIOLOGY ASSOCIATES OF STUART, P.A.,
a Florida Profit Corporation,
Defendants.
MARTIN MEMORIAL MEDICAL CENTER, INC.’S
SECOND UPDATED REQUEST FOR PRODUCTION
Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN
MEDICAL CENTER (“MMMC”), by and through undersigned counsel, requests the Plaintiffs,
FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, to produce the following
documents within the time and manner prescribed by the Florida Rules of Civil Procedure showing
that Plaintiffs have possession, custody, and/or control of each of the documents and that they
constitute evidence without which Defendant cannot proceed to trial, all as is seen more fully from
an inspection of the pleadings herein.
DEFINITIONS
Please refer to these definitions and instructions in providing your response. Unless
otherwise clearly indicated by the context thereof, the following definitions and instructions shall
apply to each of the requests set forth below:
A “You” and/or “Your” means and any subsidiary or parent corporation or company
and their officers, directors, employees, agents, attorneys, representatives or other persons acting
on their behalf.
B “Communication” means, without limitation, any oral, written, telephonic, radio,
video or electronic transmission of information, demands or questions, including but not limited
to conversations, meetings, discussions, telephone calls, telegrams, telecopies, telexes, seminars,
conferences, writings, letters, messages, notes, or memoranda.
Cc. “Document” or “Documents” means all “writings and recordings”. The definition
is intended to include all documents, agreements, correspondence, records, ledgers, contracts, bills,
invoices, bills of fading, inventories, financial data, memoranda, notes, or other writings, formal
or informal in nature, accounting and financial records, diaries, statements, telegrams, draft, work
papers, paper and magnetic tapes, charts, computer cards and print outs, electronically or
magnetically stored information or data, minutes, publications, calendars, telephone pads,
bulletins, directives, logs and listings, in your actual or constructive possession, custody or control,
or of which you have knowledge of the existence, and whether prepared, published or released by
you or by any other person or entity. Without limitation on the foregoing, the term “documents”
shall include any copy which differs in any respect from the original or other versions of the
documents, such as copies containing notations, insertions, corrections, marginal notes or any
variations.
D. “Identify” means, when used in reference to:
1 An individual, to state his or her (i) full name; (ii) present or last known
home and business address, including street name and number, city or town and zip code;
(iii) present or last known position, job title and job description;
2. A person other than an individual, to state its (i) full name and type of
organization or entity; (ii) address or principal place of business; and (iii) jurisdiction and
date of incorporation or organization, if known.
3 Documents, to state (i) the name and date of the document, the name and
address of the person(s) originating the document, the name and address, if any, of the
person(s) to whom the document is addressed, the names and addresses of all persons to
whom copies of the documents were to have been sent; and the organization, firm or agency
with which any such persons were connected as of the date of the document; and (ii)
whether “you”,ee, your’, and/or Plaintiff is in possession of or has under its control the
original or a copy of the document, and, if not in possession of an original or copy, the
name and address of the custodian of each original copy, and the name and address of each
person who believes presently is in possession of the original or copy of such document.
In lieu of identifying particular documents, when such identification is requested, the
document may, at Plaintiffs option, be attached to the response to this request to produce,
bearing an indication to which response or responses each document relates.
4. Conversations, to state the date and place and approximate time of day of
the conversation, the identity of all persons in attendance, the subject matter and reasons
for the conversation, the statements made by each person, including the context in which
they were made and the identity of any writings or recordations which exist relating thereto.
5 A claim, the name of the claimant, the nature of the claim, the names of all
parties to any lawsuit, the court number, if any, the date of the claim, the date upon which
Plaintiff first became aware of the claim, the relief sought, and the present status or final
disposition of the claim.
6. Any other item or information, to provide a particular description of the
same.
“Notice” shall include formal and informal notification.
The plural shall include the singular and the singular shall include the plural.
ic Privilege. If you contend that you are entitled to withhold information falling within
the purview of this request to produce on the basis of the attorney-client privilege, the work-
product doctrine, or any other ground, such information should be identified by providing a
description of the following:
1 Describe the subject matter of the information in enough detail to determine
the validity of the claimed privilege;
2. Identify the person(s) who have knowledge or who have transmitted said
information;
3 State the nature and basis of the privilege or other ground claimed for
withholding the information and;
4 The date such information was transmitted to or by you.
A Documents. If a document or documents will provide the requested information,
attach the document(s) to your responses and indicate the response to which the document(s) is/are
responsive.
INSTRUCTIONS
A If in your possession, custody, or control, produced the originals of all documents
called for, as well as any and all copies of the documents which bear any mark or notation not
present on the originals.
B In producing documents called for, segregate the documents so as to identify the
numbered request to which each such document(s) responds.
Cc If you once had any documents called for herein which have since been destroyed
or otherwise disposed, so indicate and describe the documents by date, author(s), address(ees), and
general subject matter.
D. If you once had any documents called for herein, but no longer do, so indicate and
describe the documents by date, author(s), address(ces), and general subject matter, and indicate
the name and address of the person or entity who has possession, control or custody, or who was
last known to have possession, control or custody of the document.
i This request is a continuing request for all documents that are now or may hereafter
come into Plaintiff's actual or constructive possession, custody or control and shall include
documents generated, created, prepared or received during the period of this request, through the
date of compliance with this request or trial, whichever is later, unless otherwise stated.
F. For each such document that is responsive to this request and which is sought to be
withheld under a claim of privilege, the following information shall be provided:
The place, date (or approximate date) and the manner of record or otherwise
preparing the document,
u The name and title of the sender and the name and title of the recipient of
the document;
iii A description of the subject of the document;
iv The identity of each person or persons (other than stenographic or clerical
assistance) participating in the preparation of the documents;
The identity of each person to whom the contents of the document have
heretofore been communicated by copy, exhibition, sketch, reading or
substantial summarization, the dates of such said communication, and the
employer and title of the person at the time of said communication;
Vi A statement of the basis on which privilege is claimed; and
vil The identity and title of the person or persons supplying Plaintiffs attorney
with the information requested in subsections (i) through (vi) above.
G All documents produced in response to this request shall be produced in total
notwithstanding the fact that portions may contain information not requested.
H For any documents that are stored or maintained in files in the normal course of
business, such documents shall be produced in such files, or in such a manner so as to preserve
and identify the file from which such documents were taken.
UPDATED REQUEST FOR PRODUCTION TO PLAINTIFFS
Copies of any and all invoices and/or billings referred to in your Answers to MMMC’s
Second Updated Interrogatories.
Copies of any and all medical records and or imaging studies, not previously produced
herein from any physicians, medical facilities, imaging facilities, emergency care centers,
dentists, ophthalmologists, chiropractors, mental health care providers, hospitals or any
other health care providers referred to in your Answers to MMMC’s Second Updated
Interrogatories.
Any and all photographs or videotapes, not work product, depicting the damages and
injuries allegedly sustained by Plaintiff FREDERIC CHARLES GREER, III not
previously produced herein.
Any and all articles, written documents, videos, and/or audio tapes relating to any media
interviews you have given regarding the issues alleged in your Complaint and not
previously produced herein.
Copies of all notice letters sent pursuant to §768.76 Fla. Stat. by or on behalf
of the Plaintiff
to any third party payers with respect to expenses for medical care, treatment, and services
allegedly incurred as a result of the alleged negligence which is the subject of this litigation
not previously produced herein.
Copies of any documents that reflect a claim of lien asserted by anyone, including
Medicare, Medicaid or any other federal or state government agency not previously
produced herein.
Any and all reports, statements, written opinions and affidavits prepared by experts
retained by Plaintiffs whose testimony is intended to be used at trial not previously
produced herein.
Copies of all records of claims made by you or payments made by any third party on your
behalf including payments made by any collateral source of indemnity including but not
limited to any worker’s compensation carrier, the Medicare program of Title XIX of the
Social Security Act concerning any damages which are alleged to be the subject of this
lawsuit and, if not available to you, then a written authorization to obtain said records from
any person or entity with custody and control of them and not previously produced herein.
Any and all records, applications, appeals, communications of any kind whatsoever
including but not limited to correspondence and/or emails pertaining to any claim you may
have filed for Social Security disability benefits or any other disability benefits not
previously produced herein.
10. All bills, invoices, statements for medical or hospital treatment, devices or medicine, or
any other documents sufficient to show any financial losses or costs which you claim to
have incurred as a result of the alleged incident not previously produced herein.
11 All reports or documents relied upon or utilized by any person whom you expect or intend
to present as an expert witness at trial or from whom you intend to solicit an expert opinion
at trial.
12. All documents relating to any prescription drugs taken by you since your Response to
Defendant’s Request for Production served on April 19, 2019 and not previously produced
herein.
13 Any and all medical records including, but not limited to, hospital records, x-rays, MRI’s,
CT Scans and other diagnostic tests, patient forms and questionnaires, physicians’ office
notes and reports, correspondence, test results or any similar documents relating to your
examination or treatment for injuries or sicknesses related to any cause other than the
alleged incident not previously produced herein.
14. All documents you received from Martin Memorial Medical Center, Inc. not previously
produced herein.
1S Any and all written electronic communications, signed or unsigned between you and
Martin Memorial Medical Center, Inc. not previously produced herein.
16. Copies of any and all notices of liens for any amounts that are being claimed as damages
in this lawsuit not previously produced herein.
17 Evidence of any and all amounts paid by third parties that are being claimed as damages in
this lawsuit and not previously produced herein.
18 Evidence of any and all out-of-pocket expenses not paid by third parties that are being
claimed as damages in this lawsuit and not previously produced herein.
19. Any and all bills, invoices, cancelled checks, receipts, etc. reflecting expenses incurred for
household services allegedly incurred as a result of the alleged subject incident not
previously produced herein.
20. Copies of any and all records, applications, decisions, appeals, communications of any kind
whatsoever including but not limited to correspondence and/or emails pertaining to any
claim you may have filed for Social Security disability benefits or any other disability
benefits.
21 All reports and/or documents of emergency services or personnel, including but not limited
to, police, fire/rescue, ambulance, paramedics and emergency medical technicians who
treated and/or assisted Plaintiff and not previously produced herein.
8
22. Colored copies of any before and after photos and/or videos that depicts how the injuries
alleged in the Complaint has affected your body that was injured or your overall health
condition.
23 Colored copies of any photos and videos from any vacations you may have taken from
2017 to present.
24, A copy of Melissa Anne Greer and Frederic Charles Greer, III's tax returns for 2019 and
2020.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this day of March, 2021 a copy of the foregoing
was filed and served via the Florida Courts’ E-Filing Portal and to Peter J. Somera, Jr., Esquire at
pleadings @somerasilva.com and fitigation@somerasilva.ccom and Keith J. Puya, Esquire at
eservice
@ puyalaw.com and kpuya@puyalaw.com.
STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
Attorneys for Defendant
200 East Las Olas Blvd., Suite 2100
Fort Lauderdale, FL 33301
Telephone: (954) 462-9500
Facsimile: (954) 462-9567
—
By
THOMAS G. AUBIN, ESQUIR)
FBN: 008060
taubin @stearn eaver.com™
MATTHEW S. PODOLNICK, ESQUIRE
FBN: 112126
mpodolnick @stearnsweaver.com
#9252648 vi
STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, Pa.
Matthew S. Podolnick
200 East Las Olas Boulevard, Suite 2100
Fort Lauderdale, FL 33301
Direct: (954) 462-9543
Fax: (954) 462-9567
Email: mpodolnick@stearnsweaver.com
April 28, 2021
Via e-Mail Delivery: peter@somerasilva.com; paul@somerasilva.com; silvia@somerasilva.com
Peter J. Somera, Esq.
Paul M. Silva, M.D., Esq.
Somera & Silva, LLP
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
RE: Greer y. Martin Memorial Medical Center, et al.
Plaintiffs’ Discovery Responses 04-28-21
Dear Counselors,
We are in receipt of your responses to our Second Updated Request for Production wherein you
produced numerous medical and billing records regarding the care and treatment of your client,
Frederic Greer. However, you did not produce any medical record regarding Mr. Greer’s visits
with Dr. Nicholas Suite on September 17, 2020, and February 9, 2021. These visits were disclosed
as part of your answers to our Second Updated Interrogatories.
Please produce the records from Mr. Greer’s September 17, 2020, and February 9, 2021, visits
with Dr. Suite within the next five (5) days. Otherwise, we will have no choice but the seck the
court’s involvement.
Please do not hesitate to contact me with any questions.
Very noes 7—
MSP/mp
FEND:
#9432200 v1 XHIBIT
Preview
Filing # 126210324 E-Filed 05/05/2021 12:27:38 PM IN THE CIRCUIT COURT OF THE 19 JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA CASE NO: 2019-CA-000015 FREDERIC CHARLES GREER, III, and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, individually, Plaintiffs, vs. MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, M.D.; and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida profit corporation, Defendants. / DEFENDANT, MARTIN MEMORIAL MEDICAL CENTER, INC, D/B/A MARTIN MEDICAL CENTER’S, MOTION TO COMPEL RECORDS OF DR. NICHOLAS SUITE COMES NOW Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER (“MMMC”), by and through the undersigned counsel, pursuant to the applicable Florida Rules of Civil Procedure, files this Motion to Compel Records of Dr. Nicholas Suite and states the following: 1 On March 17, 2021, MMMC propounded its Second Updated Requests for Production and Second Updated Interrogatories on Plaintiffs. See Updated discovery requests attached hereto as Composite Exhibit “A.” 2. Plaintiffs failed to timely respond and on April 20, 2021, counsel for MMMC wrote to counsel for Plaintiffs’ requesting responses to the overdue discovery. 3 On April 22, 2021, MMMC filed a Motion to Compel the late discovery responses. Electronically Filed Martin 05/05/2021 12:27 PM 4 On April 28, 2021, Plaintiffs served their Answers to MMMC’s Second Updated Requests for Production and Second Updated Interrogatories. The same day, counsel for MMMC wrote to counsel for Plaintiffs, advising them that the records from Mr. Greer’s visits with Dr. Suite on September 17, 2020, and February 9, 2021, which were disclosed in Plaintiffs’ Answers to Second Updated Interrogatories were not included in response to MMMC’s Second Updated Request for Production. See Letter to counsel for Plaintiffs, attached hereto as Exhibit “B.” Defendant’s Second Updated Request for Production number two sought the following: Copies of any and all medical records and or imaging studies not previous produced herein from any physicians, medical facilities, imaging facilities, emergency care centers, dentists, ophthalmologists, chiropractors, mental health care providers, hospitals or any other health care providers referred to in your answers to MMMC’s Second Updated Interrogatories. Exhibit “A.” (Emphasis added). 6 To date, MMMC has received no response. 1 MMMC has attempted to confer with counsel for Plaintiffs in good faith in an effort to secure this discovery without court action. 8 MMMC has been prejudiced by Plaintiffs’ failure to provide the aforementioned documents in response to MMMC’s Second Updated Request for Production as MMMC is unable to prepare for trial without them. WHEREFORE, Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER respectfully requests this Honorable Court enter an order compelling Plaintiffs to provide the records of Dr. Nicholas Suite within ten (10) days and any other relief this Court deems just and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on thie Say of May, 2021, a copy of the foregoing was served via the Florida E-Filing Portal to the parties on the attached service list. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Attorneys for Martin Memorial Medical Center, Inc. 200 East Las Olas Blvd., Suite 2100 Fort Lauderdale, FL 33301 Phone: (954) 462-9500 Fax: (954) 462-9567 By THOMAS G. AUBIN, (sulk FBN: 008060 taubin @stearnsweaver.com MATTHEW S. PODOLNICK, ESQUIRE FBN: 112126 mpodolnick @stearnsweaver.com SERVICE LIST Peter J. Somera Jr., Esq. Geoffrey N. Fieger, Esq. Paul M. Silva, M.D., Esq. Fieger Law Somera & Silva, LLP 19390 West Ten Mile Road 2255 Glades Road, Suite 232W Southfield, MI 48075 Boca Raton, FL 33431 Phone: (248) 355-5555 Phone: (561) 981-8881 Fax: (248) 355-5148 Fax: (561) 981-8887 G.Fieger@Fiegerlaw.com pleadings @somerasilva.com S.Teal @Fiegerlaw.com litigation @somerasilva.com Co-Attorneys for Plaintiffs Attorneys for Plaintiffs Adam Richardson, Esq. Keith J. Puya, Esq. Bard D. Rockenbach, Esq. Hector R. Buigas, Esq. Burlington & Rockenbach, P.A Law Offices of Keith J. Puya, P.A. 444 West Railroad Avenue 4880 Donald Ross Road, Suite 225 West Palm Beach, FL 33401 Palm Beach Gardens, FL 33418 Tel: 561-721-0400 Phone: (561) 408-3772 ajr@FLAppellateLaw.com Fax: (561) 408-3759 bdr@FLAppellateLaw.com service @ puyalaw.com fa@FLAppellateLaw.com Attorneys for Defendants Kunal Chaudhry, Appellate attorneys for Plaintiffs M.D. and Cardiology Associates of Stuart, PA. Dinah Stein, Esq. Hicks, Poerter, Ebenfeld & Stein 799 Brickell Plaza, 9" Floor Miami, FL 33131 Phone: (305) 375-8171 dstein@mhickslaw.com Attorneys for Defendants Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, PA. ee srr ——C = IN THE CIRCUIT COURT OF THE 19" JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR ST. LUCIE COUNTY, FLORIDA FREDERIC CHARLES GREER, III, and CASE NO. 2019-000015-CA MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, III, and MELISSA ANNE GREER, individually, Plaintiffs, VS. MARTIN MEMORIAL MEDICAL CENTER, INC d/b/a MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, M.D. and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida Profit Corporation, Defendants. / MARTIN MEMORIAL MEDICAL CENTER, INC.’S NOTICE OF SERVING SECOND UPDATED INTERROGATORIES TO PLAINTIFES Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER, by and through undersigned counsel hereby gives notice of Propounding its Second Updated Interrogatories to Plaintiffs, FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, to be answered pursuant to Rule 1.340 of the Florida Rules of Civil Procedure. DEFEN D, IBIT : ne CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this lf a of March, 2021 a copy of the foregoing was filed and served via the Florida Courts’ E-Filing Portal to all parties listed on the attached service list. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Attorneys for Defendants 200 East Las Olas Blvd., Suite 2100 Fort Lauderdale, FL 33301 Telephone: (954) 462-9500 Facsimile: (9549) 462-9567 fe By Lsf. THOMAS G. AUB oe } FBN: 008060 taubin @stearnswea MATTHEW S. PODOLNICK, ESQUIRE FBN: 112126 mpodolnick @stearnsweaver.com SERVICE LIST Peter J. Somera Jr., Esq. Keith J. Puya, Esq. Paul M. Silva, M.D., Esq. Hector R. Buigas, Esq. Somera & Silva, LLP Law Offices of Keith J. Puya, P.A. 2255 Glades Road, Suite 232W 4880 Donald Ross Road, Suite 225 Boca Raton, FL 33431 Palm Beach Gardens, FL 33418 Phone: (561) 981-8881 Phone: (561) 408-3772 Fax: (561) 981-8887 Fax: (561) 408-3759 pleadings @somer i lva.com eservice @ puyalaw.com litigation @som ‘a.com Attorneys for Defendants Kunal Chaudhry, Attorneys for Plaintiffs M.D. and Cardiology Associates of Stuart, PA. Dinah Stein, Esq. Adam Richardson, Esq. Hicks, Poerter, Ebenfeld & Stein Burlington & Rockenbach, P.A. 799 Brickell Plaza, 9" Floor 444 West Railroad Avenue Miami, FL 33131 West Palm Beach, FL 33401 Phone: (305) 375-8171 Tel: 561-721-0400 dstein@mbhickslaw.com ajr@FLAppellateLaw.com Attorneys for Defendants Kunal Chaudhry, fa@FLAppel M.D. and Cardiology Associates of Stuart, Appellate attorneys for Plaintiffs P.A. INTRODUCTION TO UPDATED INTERROGATORIES Under the Fla. R. Civ. P. Rule 1.340, Interrogatories can involve an opinion or contention that relates to fact or calls for conclusion or asks for information not within the personal knowledge of the party. A party shall respond to such interrogatory by giving the information he has and the source upon which the information is based. If sufficient space is not provided hereinafter for your complete and full answer to each question, you are to attach to your answers additional papers containing your complete and full answer to each said question for which additional space is needed. DEFINITIONS “Person” shall mean and include a natural person, partnership, firm or corporation or any other kind of business or legal entity, its agent or employees. The words “Document” and “Documents” means all written, recorded, or graphic matters, including the originals and all non-identical copies, however produced and reproduced, whether or not privilege, pertaining in any way to the subject matter of this action. This definition includes, but is not limited to, correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospective, inter-office and intro-office communications, bulletins, printed matter, computer print-outs, teletypes, telefax, invoices, worksheets, schedules, agreements, drawings, sketches, invoices, orders or acknowledgements, diaries, appointment books, forecast: appraisals, video-tapes, audio- tapes, transcripts or recordings, photographs, pictures or films, computer programs or data or other graphic, symbolic, recorded or written materials of any nature whatsoever, (and all drafts, alterations, modifications, changes and amendments of any of the foregoing) microfilm, microfiche, motion pictures, and electronic, mechanical or electric records or representations of any kind including, without limitations, cassettes and disc recordings. In each instance wherein you are asked to “identify” a person or business, or the answer to the question refers to a person or business, state with respect to each such person: (1) his name; (2) his last known residence, business address, and telephone; (3) his company affiliation at the date of the transaction referred to; and (4) his title and duties in the company with which he was affiliated. (The male gender includes the female, and the singular pronoun includes the plural) In each instance wherein you are asked to “identify” or describe a document, your description should include, but not be limited to: a) the name, address, telephone number, occupation, job title and employer of the present custodian of the documents; (2) the fact or facts which would tend to be established by the introduction into evidence of each such document; and (3) the date of the making of the document and the name, address, telephone number, occupation, job title and employer of each person whose testimony could be used to authenticate such document and lay the foundation for its introduction into evidence. “You” shall refer to the party to whom these Interrogatories are directed, as well as counsel and any consultants, experts, investigators, agents, employees, servants, or other persons acting on behalfof said party. “Knowledge” includes first-hand information and information derived from any other source including hearsay knowledge. “Business” shall mean a natural person, sole proprietorship, general partnership, limited partnership, joint venture, unincorporated firm or association, corporation or any other kind of business or legal entity, its agents or employees. When asked to state the “factual basis,” please state: all facts known by you which form the basis for a specified allegation and which relate directly to or indirectly to the specified allegation; the applicable date(s) of the activity involved; how you acquired or obtained such factual information; from whom you acquired or obtained such factual information; and when you acquired such factual information. SECOND UPDATED INTERROGATORIES TO PLAINTIFFS, FREDERIC CHARLES GREER, II and MELISSA ANN GREER In accordance with Rule 1.340(e) of the Fla. R. Civ. P., sufficient space has been provided after each interrogatory for the answer to be inserted. However, if, more space is needed, you should append the answer to the interrogatory, making reference to such attachment in the space provided for the answer. The Rule does not provide for placing all the answers on a single, separate page. 1 Identify each person who has answered or contributed any information used in answering these interrogatories. If more than one person provided the information, state which person(s) provided information used in answering each interrogatory ANSWER: 2. List the names and business addresses of any and all physicians by whom FREDERIC CHARLES GREER, III has been examined or treated since serving your Answers to Interrogatories on April 30, 2020, including but not limited to neurologists, nephrologists, cardiologists, internal medicine physicians, endocrinologists, urologists, gastroenterologists, cardiovascular surgeons, ophthalmologists, dentists, hematologists, physical medicine and rehabilitation physicians, doctors of osteopathy, emergency room physicians, advanced registered nurse practitioners, and/or physician assistants, and state as to each the dates of examination or treatment and the condition or injury for which FREDERIC CHARLES GREER, III was examined or treated. ANSWER: 3. List the names of any and all hospitals, clinics, and/or emergency departments at which FREDERIC CHARLES GREER, III has been examined or treated since serving your Answers to Interrogatories on April 30, 2020, and state as to each the dates of examination, treatment, and/or presentation, and the condition or injury for which FREDERIC CHARLES GREER, III was examined or treated. ANSWER: 6 4. List the names and business addresses of any and all psychiatrists, psychologists, neuropsychologists, counselors and/or mental health therapists by whom FREDERIC CHARLES GREER, III has been examined or treated since serving your Answers to Interrogatories on April 30, 2020, and state as to each the dates of examination or treatment and the condition or injury for which FREDERIC CHARLES GREER, III was examined or treated. ANSWER: 5. Has FREDERIC CHARLES GREER, III received any type of home health care, attendant care, or nursing care as a result of the incident alleged in the Second Amended Complaint? If so, please provide the name, address, and telephone number of the person or company who provided said services and describe the frequency with which FREDERIC CHARLES GREER, III is receiving those services. ANSWER: 6. List any and all falls FREDERIC CHARLES GREER, III has suffered since serving your Answers to Interrogatories on April 30, 2020 as well as: ANSWER: The circumstances of the fall; Whether the fall required medical treatment; and The location and date of medical treatment related to the fall; The injuries alleged suffered from as related to the fall. 7. List any vacations or trips FREDERIC CHARLES GREER, III has taken since serving your Answers to Interrogatories on April 30, 2020. ANSWER: 8. Please list any and all scheduled appointments you may have with any of the providers listed in your answers to Numbers 2 and 4, above, or with any other health care or mental health provider not listed above, as well as the date(s) of the appointment(s). ANSWER: 2 Please list any scheduled independent medical examinations (IMEs) you may have with any health care provider or mental health specialist, as well as the date(s) of the IME(s), whether retained by your lawyers, appointed by any other agency or healthcare provider, or workers’ compensation plan or seen independently. ANSWER: 10. Please list any and all consultations you may have had, in phone, in person, or through any form of electronic communication (email, text messaging, Skype, Facetime, Zoom, etc.), with any of the providers listed in your answers to Numbers 2 and 4, above, or with any other health care or mental health provider not listed above, as well as the date(s) of the consultation(s). ANSWER: 11. List each item of expense or damage that you claim to have incurred as a result of the incident described in the Second Amended Complaint, giving for each item the date incurred, the name and business address to whom each was paid or is owed and the goods or services for which each was incurred since Plaintiff’s Verified Answers to Medical Malpractice Interrogatories served on March 19, 2019. ANSWER: 12. Has anything been paid or is anything payable from any third party for the damages listed in your answers to these interrogatories since Plaintiff's Verified Answers to Medical Malpractice Interrogatories served on March 19, 2019? If so, state for which expenses or losses, the amounts paid or payable, the name and business address of the person or entity which paid or owes said amounts and which of those third parties have or claim a right of subrogation. ANSWER: I HEREBY ACKNOWLEDGE THAT THE ABOVE AND FOREGOING ANSWERS TO INTERROGATORIES ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. FREDERIC CHARLES GREER, IIT STATE OF FLORIDA COUNTY OF The foregoing Verified Answers to Updated Interrogatories were acknowledged before me this day of . 2021 by , who is personally known to me, or who has produced as identification, and who did take an oath. NOTARY PUBLIC (Print Name of notary public) My commission expires: 10 #9246216 v1 Filing # 123289657 E-Filed 03/17/2021 05:04:54 PM IN THE CIRCUIT COURT OF THE 19" JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR ST. LUCIE COUNTY, FLORIDA FREDERIC CHARLES GREER, III, and CASE NO. 2019-000015-CA MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, III, and MELISSA ANNE GREER, individually, Plaintiffs, VS. MARTIN MEMORIAL MEDICAL CENTER, INC d/b/a MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, M.D, and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida Profit Corporation, Defendants. MARTIN MEMORIAL MEDICAL CENTER, INC.’S SECOND UPDATED REQUEST FOR PRODUCTION Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER (“MMMC”), by and through undersigned counsel, requests the Plaintiffs, FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, to produce the following documents within the time and manner prescribed by the Florida Rules of Civil Procedure showing that Plaintiffs have possession, custody, and/or control of each of the documents and that they constitute evidence without which Defendant cannot proceed to trial, all as is seen more fully from an inspection of the pleadings herein. DEFINITIONS Please refer to these definitions and instructions in providing your response. Unless otherwise clearly indicated by the context thereof, the following definitions and instructions shall apply to each of the requests set forth below: A “You” and/or “Your” means and any subsidiary or parent corporation or company and their officers, directors, employees, agents, attorneys, representatives or other persons acting on their behalf. B “Communication” means, without limitation, any oral, written, telephonic, radio, video or electronic transmission of information, demands or questions, including but not limited to conversations, meetings, discussions, telephone calls, telegrams, telecopies, telexes, seminars, conferences, writings, letters, messages, notes, or memoranda. Cc. “Document” or “Documents” means all “writings and recordings”. The definition is intended to include all documents, agreements, correspondence, records, ledgers, contracts, bills, invoices, bills of fading, inventories, financial data, memoranda, notes, or other writings, formal or informal in nature, accounting and financial records, diaries, statements, telegrams, draft, work papers, paper and magnetic tapes, charts, computer cards and print outs, electronically or magnetically stored information or data, minutes, publications, calendars, telephone pads, bulletins, directives, logs and listings, in your actual or constructive possession, custody or control, or of which you have knowledge of the existence, and whether prepared, published or released by you or by any other person or entity. Without limitation on the foregoing, the term “documents” shall include any copy which differs in any respect from the original or other versions of the documents, such as copies containing notations, insertions, corrections, marginal notes or any variations. D. “Identify” means, when used in reference to: 1 An individual, to state his or her (i) full name; (ii) present or last known home and business address, including street name and number, city or town and zip code; (iii) present or last known position, job title and job description; 2. A person other than an individual, to state its (i) full name and type of organization or entity; (ii) address or principal place of business; and (iii) jurisdiction and date of incorporation or organization, if known. 3 Documents, to state (i) the name and date of the document, the name and address of the person(s) originating the document, the name and address, if any, of the person(s) to whom the document is addressed, the names and addresses of all persons to whom copies of the documents were to have been sent; and the organization, firm or agency with which any such persons were connected as of the date of the document; and (ii) whether “you”,ee, your’, and/or Plaintiff is in possession of or has under its control the original or a copy of the document, and, if not in possession of an original or copy, the name and address of the custodian of each original copy, and the name and address of each person who believes presently is in possession of the original or copy of such document. In lieu of identifying particular documents, when such identification is requested, the document may, at Plaintiffs option, be attached to the response to this request to produce, bearing an indication to which response or responses each document relates. 4. Conversations, to state the date and place and approximate time of day of the conversation, the identity of all persons in attendance, the subject matter and reasons for the conversation, the statements made by each person, including the context in which they were made and the identity of any writings or recordations which exist relating thereto. 5 A claim, the name of the claimant, the nature of the claim, the names of all parties to any lawsuit, the court number, if any, the date of the claim, the date upon which Plaintiff first became aware of the claim, the relief sought, and the present status or final disposition of the claim. 6. Any other item or information, to provide a particular description of the same. “Notice” shall include formal and informal notification. The plural shall include the singular and the singular shall include the plural. ic Privilege. If you contend that you are entitled to withhold information falling within the purview of this request to produce on the basis of the attorney-client privilege, the work- product doctrine, or any other ground, such information should be identified by providing a description of the following: 1 Describe the subject matter of the information in enough detail to determine the validity of the claimed privilege; 2. Identify the person(s) who have knowledge or who have transmitted said information; 3 State the nature and basis of the privilege or other ground claimed for withholding the information and; 4 The date such information was transmitted to or by you. A Documents. If a document or documents will provide the requested information, attach the document(s) to your responses and indicate the response to which the document(s) is/are responsive. INSTRUCTIONS A If in your possession, custody, or control, produced the originals of all documents called for, as well as any and all copies of the documents which bear any mark or notation not present on the originals. B In producing documents called for, segregate the documents so as to identify the numbered request to which each such document(s) responds. Cc If you once had any documents called for herein which have since been destroyed or otherwise disposed, so indicate and describe the documents by date, author(s), address(ees), and general subject matter. D. If you once had any documents called for herein, but no longer do, so indicate and describe the documents by date, author(s), address(ces), and general subject matter, and indicate the name and address of the person or entity who has possession, control or custody, or who was last known to have possession, control or custody of the document. i This request is a continuing request for all documents that are now or may hereafter come into Plaintiff's actual or constructive possession, custody or control and shall include documents generated, created, prepared or received during the period of this request, through the date of compliance with this request or trial, whichever is later, unless otherwise stated. F. For each such document that is responsive to this request and which is sought to be withheld under a claim of privilege, the following information shall be provided: The place, date (or approximate date) and the manner of record or otherwise preparing the document, u The name and title of the sender and the name and title of the recipient of the document; iii A description of the subject of the document; iv The identity of each person or persons (other than stenographic or clerical assistance) participating in the preparation of the documents; The identity of each person to whom the contents of the document have heretofore been communicated by copy, exhibition, sketch, reading or substantial summarization, the dates of such said communication, and the employer and title of the person at the time of said communication; Vi A statement of the basis on which privilege is claimed; and vil The identity and title of the person or persons supplying Plaintiffs attorney with the information requested in subsections (i) through (vi) above. G All documents produced in response to this request shall be produced in total notwithstanding the fact that portions may contain information not requested. H For any documents that are stored or maintained in files in the normal course of business, such documents shall be produced in such files, or in such a manner so as to preserve and identify the file from which such documents were taken. UPDATED REQUEST FOR PRODUCTION TO PLAINTIFFS Copies of any and all invoices and/or billings referred to in your Answers to MMMC’s Second Updated Interrogatories. Copies of any and all medical records and or imaging studies, not previously produced herein from any physicians, medical facilities, imaging facilities, emergency care centers, dentists, ophthalmologists, chiropractors, mental health care providers, hospitals or any other health care providers referred to in your Answers to MMMC’s Second Updated Interrogatories. Any and all photographs or videotapes, not work product, depicting the damages and injuries allegedly sustained by Plaintiff FREDERIC CHARLES GREER, III not previously produced herein. Any and all articles, written documents, videos, and/or audio tapes relating to any media interviews you have given regarding the issues alleged in your Complaint and not previously produced herein. Copies of all notice letters sent pursuant to §768.76 Fla. Stat. by or on behalf of the Plaintiff to any third party payers with respect to expenses for medical care, treatment, and services allegedly incurred as a result of the alleged negligence which is the subject of this litigation not previously produced herein. Copies of any documents that reflect a claim of lien asserted by anyone, including Medicare, Medicaid or any other federal or state government agency not previously produced herein. Any and all reports, statements, written opinions and affidavits prepared by experts retained by Plaintiffs whose testimony is intended to be used at trial not previously produced herein. Copies of all records of claims made by you or payments made by any third party on your behalf including payments made by any collateral source of indemnity including but not limited to any worker’s compensation carrier, the Medicare program of Title XIX of the Social Security Act concerning any damages which are alleged to be the subject of this lawsuit and, if not available to you, then a written authorization to obtain said records from any person or entity with custody and control of them and not previously produced herein. Any and all records, applications, appeals, communications of any kind whatsoever including but not limited to correspondence and/or emails pertaining to any claim you may have filed for Social Security disability benefits or any other disability benefits not previously produced herein. 10. All bills, invoices, statements for medical or hospital treatment, devices or medicine, or any other documents sufficient to show any financial losses or costs which you claim to have incurred as a result of the alleged incident not previously produced herein. 11 All reports or documents relied upon or utilized by any person whom you expect or intend to present as an expert witness at trial or from whom you intend to solicit an expert opinion at trial. 12. All documents relating to any prescription drugs taken by you since your Response to Defendant’s Request for Production served on April 19, 2019 and not previously produced herein. 13 Any and all medical records including, but not limited to, hospital records, x-rays, MRI’s, CT Scans and other diagnostic tests, patient forms and questionnaires, physicians’ office notes and reports, correspondence, test results or any similar documents relating to your examination or treatment for injuries or sicknesses related to any cause other than the alleged incident not previously produced herein. 14. All documents you received from Martin Memorial Medical Center, Inc. not previously produced herein. 1S Any and all written electronic communications, signed or unsigned between you and Martin Memorial Medical Center, Inc. not previously produced herein. 16. Copies of any and all notices of liens for any amounts that are being claimed as damages in this lawsuit not previously produced herein. 17 Evidence of any and all amounts paid by third parties that are being claimed as damages in this lawsuit and not previously produced herein. 18 Evidence of any and all out-of-pocket expenses not paid by third parties that are being claimed as damages in this lawsuit and not previously produced herein. 19. Any and all bills, invoices, cancelled checks, receipts, etc. reflecting expenses incurred for household services allegedly incurred as a result of the alleged subject incident not previously produced herein. 20. Copies of any and all records, applications, decisions, appeals, communications of any kind whatsoever including but not limited to correspondence and/or emails pertaining to any claim you may have filed for Social Security disability benefits or any other disability benefits. 21 All reports and/or documents of emergency services or personnel, including but not limited to, police, fire/rescue, ambulance, paramedics and emergency medical technicians who treated and/or assisted Plaintiff and not previously produced herein. 8 22. Colored copies of any before and after photos and/or videos that depicts how the injuries alleged in the Complaint has affected your body that was injured or your overall health condition. 23 Colored copies of any photos and videos from any vacations you may have taken from 2017 to present. 24, A copy of Melissa Anne Greer and Frederic Charles Greer, III's tax returns for 2019 and 2020. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this day of March, 2021 a copy of the foregoing was filed and served via the Florida Courts’ E-Filing Portal and to Peter J. Somera, Jr., Esquire at pleadings @somerasilva.com and fitigation@somerasilva.ccom and Keith J. Puya, Esquire at eservice @ puyalaw.com and kpuya@puyalaw.com. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Attorneys for Defendant 200 East Las Olas Blvd., Suite 2100 Fort Lauderdale, FL 33301 Telephone: (954) 462-9500 Facsimile: (954) 462-9567 — By THOMAS G. AUBIN, ESQUIR) FBN: 008060 taubin @stearn eaver.com™ MATTHEW S. PODOLNICK, ESQUIRE FBN: 112126 mpodolnick @stearnsweaver.com #9252648 vi STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, Pa. Matthew S. Podolnick 200 East Las Olas Boulevard, Suite 2100 Fort Lauderdale, FL 33301 Direct: (954) 462-9543 Fax: (954) 462-9567 Email: mpodolnick@stearnsweaver.com April 28, 2021 Via e-Mail Delivery: peter@somerasilva.com; paul@somerasilva.com; silvia@somerasilva.com Peter J. Somera, Esq. Paul M. Silva, M.D., Esq. Somera & Silva, LLP 2255 Glades Road, Suite 232W Boca Raton, FL 33431 RE: Greer y. Martin Memorial Medical Center, et al. Plaintiffs’ Discovery Responses 04-28-21 Dear Counselors, We are in receipt of your responses to our Second Updated Request for Production wherein you produced numerous medical and billing records regarding the care and treatment of your client, Frederic Greer. However, you did not produce any medical record regarding Mr. Greer’s visits with Dr. Nicholas Suite on September 17, 2020, and February 9, 2021. These visits were disclosed as part of your answers to our Second Updated Interrogatories. Please produce the records from Mr. Greer’s September 17, 2020, and February 9, 2021, visits with Dr. Suite within the next five (5) days. Otherwise, we will have no choice but the seck the court’s involvement. Please do not hesitate to contact me with any questions. Very noes 7— MSP/mp FEND: #9432200 v1 XHIBIT