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Filing # 123428029 E-Filed 03/19/2021 03:06:21 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 EXPERT REQUEST FOR PRODUCTION
AS IT PERTAINS TO ALL OF PLAINTIFFS’ DISCLOSED EXPERT WITNESSES
Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN
MEDICAL CENTER, by and through undersigned counsel and pursuant to Rule 1.350, requests
the Plaintiffs, FREDERIC CHARLES GREER, II] and MELISSA ANNE GREER, to produce
for inspection, copying, or photographing by Defendant, the following documents, showing that
Plaintiffs have possession, custody, and/or control of each of the documents and that they
constitute evidence without which Defendant cannot safely proceed to trial, all as is seen more
fully from an inspection of the pleadings herein.
Electronically Filed Martin 03/19/2021 03:06 PM
DEFINITIONS AND INSTRUCTIONS
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.
ce “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
2
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 6,
> 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.
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.
H. 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.
C. 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(es), 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(es), 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.
E. This request is a continuing request for all documents that are now or may
hereafter come into Plaintiffs’ 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.
Bi 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:
i. The place, date (or approximate date) and the manner of record or otherwise
preparing the document;
ii. 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,
lV, 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
vii The identity and title of the person or persons supplying Plaintiffs’ attorney
with the information requested in subsections (i) through (vii) above.
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.
EXPERT REQUESTS FOR PRODUCTION TO PLAINTIFFS
(Please complete one for EACH expert witness)
1 Copies of any and all materials reviewed by your expert(s) since the time of their
deposition(s). This includes retained experts as well as experts who performed independent
medical examinations (IMEs).
2. Any and all correspondence relating to this lawsuit received by Plaintiffs from
Plaintiffs’ disclosed expert witnesses since the time of their deposition(s).
a Any and all invoices, bills, statements, documents and materials relating to this
lawsuit received by Plaintiffs from Plaintiffs’ disclosed expert witnesses since the time of their
deposition(s).
4 Any and all reports, notes, written opinions, or other documents created by any
expert you intend on calling at the trial of this action with relation to FREDERIC CHARLES
GREER, III and the incident which is the subject of this litigation not previously produced, since
the time of your expert(s) deposition(s).
5 Any and all notes, writings, memoranda, etc., which Plaintiffs’ experts have
prepared in this case not previously produced herein.
6 Any and all notes, calculations, or other data prepared by Plaintiffs’ experts in
formulating their opinions in this case not previously produced herein.
di All documents Plaintiffs’ experts reviewed, referred to or relied upon in arriving at
any of their opinions or conclusions concerning the issues involved in this case, including but not
limited to all scientific and technical articles, publications codes, standards and any other literature
whatsoever not previously produced herein.
8 Plaintiffs’ experts’ office records indicating time spent on by undertaking this case
and the hourly charges therefor in connection with this case and all documents, including but not
limited to copies of checks or other forms of payment of Plaintiffs’ experts’ billings in this case
not previously produced herein.
9. Please provide copies of any multimedia presentations, regardless of format, (e.g.
Microsoft PowerPoint, “Presentations” by Corel, etc.) which Plaintiffs’ experts intend to utilize at
the time of trial not previously produced herein.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this fi 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: (954) 462-9567
By
THOMAS G. AUBIN, ESQUIRE
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
jr@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,
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Filing # 123428029 E-Filed 03/19/2021 03:06:21 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 EXPERT REQUEST FOR PRODUCTION AS IT PERTAINS TO ALL OF PLAINTIFFS’ DISCLOSED EXPERT WITNESSES Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER, by and through undersigned counsel and pursuant to Rule 1.350, requests the Plaintiffs, FREDERIC CHARLES GREER, II] and MELISSA ANNE GREER, to produce for inspection, copying, or photographing by Defendant, the following documents, showing that Plaintiffs have possession, custody, and/or control of each of the documents and that they constitute evidence without which Defendant cannot safely proceed to trial, all as is seen more fully from an inspection of the pleadings herein. Electronically Filed Martin 03/19/2021 03:06 PM DEFINITIONS AND INSTRUCTIONS 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. ce “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 2 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 6, > 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. 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. H. 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. C. 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(es), 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(es), 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. E. This request is a continuing request for all documents that are now or may hereafter come into Plaintiffs’ 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. Bi 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: i. The place, date (or approximate date) and the manner of record or otherwise preparing the document; ii. 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, lV, 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 vii The identity and title of the person or persons supplying Plaintiffs’ attorney with the information requested in subsections (i) through (vii) above. 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. EXPERT REQUESTS FOR PRODUCTION TO PLAINTIFFS (Please complete one for EACH expert witness) 1 Copies of any and all materials reviewed by your expert(s) since the time of their deposition(s). This includes retained experts as well as experts who performed independent medical examinations (IMEs). 2. Any and all correspondence relating to this lawsuit received by Plaintiffs from Plaintiffs’ disclosed expert witnesses since the time of their deposition(s). a Any and all invoices, bills, statements, documents and materials relating to this lawsuit received by Plaintiffs from Plaintiffs’ disclosed expert witnesses since the time of their deposition(s). 4 Any and all reports, notes, written opinions, or other documents created by any expert you intend on calling at the trial of this action with relation to FREDERIC CHARLES GREER, III and the incident which is the subject of this litigation not previously produced, since the time of your expert(s) deposition(s). 5 Any and all notes, writings, memoranda, etc., which Plaintiffs’ experts have prepared in this case not previously produced herein. 6 Any and all notes, calculations, or other data prepared by Plaintiffs’ experts in formulating their opinions in this case not previously produced herein. di All documents Plaintiffs’ experts reviewed, referred to or relied upon in arriving at any of their opinions or conclusions concerning the issues involved in this case, including but not limited to all scientific and technical articles, publications codes, standards and any other literature whatsoever not previously produced herein. 8 Plaintiffs’ experts’ office records indicating time spent on by undertaking this case and the hourly charges therefor in connection with this case and all documents, including but not limited to copies of checks or other forms of payment of Plaintiffs’ experts’ billings in this case not previously produced herein. 9. Please provide copies of any multimedia presentations, regardless of format, (e.g. Microsoft PowerPoint, “Presentations” by Corel, etc.) which Plaintiffs’ experts intend to utilize at the time of trial not previously produced herein. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this fi 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: (954) 462-9567 By THOMAS G. AUBIN, ESQUIRE 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 jr@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,