Preview
Filing # 130582367 E-Filed 07/13/2021 05:01:38 PM
IN THE CIRCUIT COURT OF THE
20 JUDICIAL COURT IN AND
FOR CHARLOTTE COUNTY,
FLORIDA
DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION
her Court-appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA
RICKY BURG, her spouse,
Plaintiffs,
Vv.
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL; SUSAN
BRUNER; ABIGAIL UTECH; SOVI JOSEPH,
M.D., P.A.; SOVI JOSEPH; MILLENNIUM
PHYSICIAN GROUP, LLC d/b/a MILLENNIUM
PHYSICIAN GROUP; CATHY CRISS; LIFE
CARE CENTERS OF AMERICA, INC.; PUNTA
GORDA MEDICAL INVESTORS, LLC d/b/a
LIFE CARE CENTER OF PUNTA GORDA;
LIFE CARE PHYSICIAN SERVICES, LLC;
and VANCE MALONEY, III,
Defendants.
PLAINTIFFS’ MOTION FOR APPROPRIATE RELIEF AS TO DEFENDANT
MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN
NCE W:
THE
HE COURT
COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court-
appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her
spouse, by and through their undersigned attorneys, and as their Motion for Appropriate
Deutsch Blumberg
& Caballero, PH,
NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2002 + MIAMI, FLORIDA $3tS2 - TEL (905) 258-6928 4]
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 2
Relief as to Defendant MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN
GROUP'S pattern of noncompliance with discovery and orders of the Court, state:
Background
1 Defendant MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM
PHYSICIAN GROUP (hereinafter referred to as MILLENNIUM PHYSICIAN
GROUP), by information and belief, is the employer of Defendant DR. CATHY
CRISS. Defendant MILLENNIUM PHYSICIAN GROUP billed for and received
payment for the actions of Defendant DR. CATHY CRISS who was the
attending physician as to the physical and mental evaluation by the Plaintiff
that was made by a related MILLENNIUM entity on August 20, 2019 and
August 21, 2019. Based on that evaluation, Defendant MILLENNIUM
PHYSICIAN GROUP should have taken immediate and emergency steps to
direct Plaintiff DEBORAH COOPER BURG to the closest emergency room based
upon her life-threatening symptoms of Wernicke Encephalopathy and
impending Korsakoff Psychosis, both of which are devastating tragic neurologic
conditions that require immediate treatment with nutrition and vitamin B1 to
avoid them from becoming permanent. Instead of directing Plaintiff DEBORAH
COOPER BURG to an emergency room of a hospital, Defendant MILLENNIUM
PHYSICIAN GROUP authorized Plaintiff DEBORAH COOPER BURG to go the
acute nursing care facility known as LIFE CARE CENTER OF PUNTA GORDA,
which was the wrong thing to do.
Deutsch Blnbey
& Caballero, PA,
NEW WORLD TOWER + 100 N. GiSCAYNE BOULEVARD, SUITE 2902 - MIAN, FLORIDA 93432 - TEL (905) 388-4820
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 3
Defendant MILLENNIUM PHYSICIAN GROUP'S employee, DR. CATHY CRISS
testified multiple times in her deposition she had a separate employment
contract in effect in August 2019 with Defendant MILLENNIUM PHYSICIAN
GROUP, which is a different employment contract than what was produced by
Defendant MILLENNIUM PHYSICIAN GROUP, Even after motion practice and
hearings, Plaintiffs still do not have this employment contract between
Defendants MILLENNIUM PHYSICIAN GROUP and DR. CATHY CRISS.
On June 29, 2021, the Court entered the attached Order directing that an
Affidavit by an authorized MILLENNIUM PHYSICIAN GROUP representative be
provided no later than July 12, 2021 (Exhibit A) addressing every element of
item number 4 of Plaintiffs’ first request for production to Defendant
MILLENNIUM PHYSICIAN GROUP, which requested:
(4) Any and all contracts and agreements between you and any
other individuat or entity, including but not limited to, Defendant
CATHY CRISS including employment contracts, provider contracts
and/or staffing contracts, billing contracts, and compensation
contracts which related to medical services provided to Plaintiff
DEBORAH COOPER BURG.
This Court Order of June 29, 2021 has not been complied with. As will be seen
in the next section below, Defendant MILLENNIUM PHYSICIAN GROUP'S
noncompliance with its discovery obligations is ongoing and appropriate relief
from the Court is requested.
Deutsch Blumberg
& Caballero, PHA,
[NEW WORLD TOWER » 100 N. BISCAYNE BOULEVARD, SUITE pe02 - MIAMI, FLORIDA 99132 - TEL (905) 258-6329
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 4
Defe: re
ofDiscovery
Defendant MILLENNIUM PHYSICIAN GROUP’S noncompliance with the
Production of its employment contract between it and Defendant DR. CATHY
CRISS goes back to the original statutory presuit process.
Defendant MILLENNIUM PHYSICIAN GROUP ignored its obligations to comply
with the 90-day statutory presuit discovery process. As a result thereof, the
Court issued a public reprimand as a sanction.
In its amended response to Plaintiffs’ first request for production item number
4, Defendant MILLENNIUM PHYSICIAN GROUP produced an Employment
Agreement between Defendant DR. CATHY CRISS and Murdock Family
Medicine, LLC dated July 15, 2008, (Exhibit B) Further, item 5 requested
Defendant DR. CATHY CRISS’ personnel file and Defendant responded the
personnel file was produced. (As seen below, there are still unproduced
portions of the personnel file.)
At Defendant DR. CATHY CRISS’ deposition, DR. CRISS reviewed the 2008
Employment Agreement with her prior employer, Murdock Family Medicine,
LLC, and DR. CRISS testified that this was not the operative agreement in 2019
and as set forth in paragraph 2 above, and a separate and distinct Employment
Agreement existed between her and Defendant MILLENNIUM PHYSICIAN
GROUP covering the year of 2019,
Deutsch Blanberg
& Caballirr,
PLA,
NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2002 + MIAMI, FLORIDA 39132 - TEL (905) 359-6329
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page S
Deposition excerpt of Dr. Cathy Criss, page 144, lines 2 through 23:
Q. And you say "we signed an employee agreement." So you're saying that
you, Cathy Criss, signed an employment agreement between yourself and
Millennium Physician Group, LLC, that was in existence sometime from 2008
through and including August of 2019; is that your testimony?
A. To the best of my recollection.
Q. Okay. What was the difference between the Murdock Family Medicine, LLC
Employment Agreement and the Millennium Physician Group, LLC Employment
Agreement that you entered into?
A. I could not recall.
Q. Do you, yourself, have a copy of -- Or strike that. I -- Did you -- Do you --
You signed -- you would have signed the agreement, this Employment
Agreement between yourself and Millennium Physicians Group, LLC; is that
true?
THE WITNESS: I believe so.
BY MR. BLUMBERG: And you have a copy of that?
A. Ido not.
As a result of Plaintiffs’ motion to compel to obtain said Employment
Agreement, the Court entered the attached Court Order. (Exhibit A)
10. On July 12, 2021, Defendant MILLENNIUM PHYSICIAN GROUP filed the
attached Notice of Supplemental Production including newly produced
documents related to Defendant DR. CATHY CRISS’ employment with
Defendant MILLENNIUM PHYSICIAN GROUP. (Exhibit C) However, a close
examination of the documents reflects that even now, documents are being
Deutiol
& Caballire, PH,
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $5132 + TEL (905) 356-6829
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 6
withheld by the Defendant. For instance, the document marked “Millennium
Physician Group Physician Compensation Plan” is labeled at the top as Exhibit
“3”, yet Exhibits “1” and “2” were not produced.
11 Moreover, the Millennium Physician Group Physician Compensation Plan
includes an Exhibit A, an Exhibit B, an Exhibit C to it but then jumps to what is
referenced as Exhibit “8”. The so called Exhibit “8” is peculiar on its face
because it is a 2-page document with each page marked at the bottom “Page 1
of 1”. The final document produced jumps to Exhibit 18.3. Obviously, the
documents marked Exhibit 1, 2, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17,
18.1 and 18.2 and so on have not been produced.
12. A further example of Defendant MILLENNIUM PHYSICIAN GROUP'S thwarting
its obligations under discovery is found in its failure to timely respond to
Plaintiffs’ Supplemental Request for Production of June 8, 2021 (Exhibit D),
which seeks the following:
1 All electronic and hard copy documentation that was utilized
to submit the bill to United Health Care for services rendered to
Plaintiff DEBORAH COOPER BURG by Defendant CATHY CRISS,
D.O. on September 5, 2019. (See attached Exhibit A which
identifies this billing event for September 5, 2019 with claim ID
10196394).
2. Your complete billing file in all respects, electronic and hard
copy, including all backup, emails, transmittals, and intra- and
interoffice memoranda and/or communications concerning the
creation of Exhibit A for the billing event for September 5, 2019,
as well as its compilation and transmittal(s) to United Health Care
for payment.
Deutsch Blumberg
& Caballere,
PA,
NEW WORLD TOWER » 100 N. BISCAYWE BOULEVARD, SUITE 2802 » MIAM), FLORIDA $3132 « TEL (805) 358-6320
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 7
3 All evidence of payment by United Health Care to
Defendant MILLENNIUM PHYSICIAN GROUP, LLC d/b/a
MILLENNIUM PHYSICIAN GROUP and/or Defendant CATHY
CRISS, D.O. for billing referenced in Exhibit A.
4. All electronic and hard copy material that explains and
supports how it came to be that Defendant CATHY CRISS, D.O.
reviewed and executed the attached Home Health Certification
and Plan of Care (see attached Exhibit B).
13. Defendant MILLENNIUM PHYSICIAN GROUP has, from the beginning of the
presuit process on August 20, 2020 through the present, failed to comply with
discovery and a Court order so that the Plaintiffs are prejudiced in being able to
prosecute or obtain information necessary to explain Defendants MILLENNIUM
PHYSICIAN GROUP and DR. CATHY CRISS’ involvement in Plaintiffs’ care and
treatment.
14 At this stage, based upon the complete record, appropriate relief is requested
which includes, but is not limited to the imposition of appropriate sanctions as
the Court deems fit.
Dautich Blomberg
& Caballero, PL,
[NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2002 + MIAMI, FLORIDA 3132 - TEL (905) 358-6829
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 8
CERTIFICATE
OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service this 13 day of July, 2021 to: see attached service list.
DEUTSCH BLUMBERG & CABALLERO, P.A.
Attorneys for Plaintiffs
New World Tower, Suite 2802
100 North Biscayne Boulevard
Miami, Florida 33132
(305) 358-6329
(305) 358-9304 (facsimile)
Email — erb@deutschblumberg.com;
com
Blumbe
EDWARD R. BLUMBERG, ESQ.
Florida Bar No. 190870
Deuliclh
& Caballero,
PH,
NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI. FLORIDA 33132 » TEL (905) 358-6320
BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
SERVICE LIST
John M. Stewart, Esquire
Michael J. Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
Co-Counsel for PLAINTIFFS
2101 Indian River Boulevard, Suite 200
Vero Beach, Florida 32960
Telephone: (772) 231-4440
E-Mails: jstewart@rosswayswan.com; mswan@rosswayswan,com; cdelo@rosswayswan.com
Richard K. Bowers, Esquire
Brandon R. Scheele, Esquire
Bankers Lopez Gassler, P.A.
Attorneys for DILENDRA WEERASINGHE
501 East Kennedy Boulevard, Suite 1700
Tampa, FL 33602
Telephone: 813-221-1500
Fax: 813-222-3066
rbowers@bankerlopez.com
Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com
Jay P. Chimpoulis, Esquire
Susanne E. Riedhammer, Esquire
Chimpoulis & Hunter, P.A.
Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY,
I
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033
Fax: 954-463-9562
Email: JCHimpouli it isH
Victoria N. Ferrentino, Esq
Erin B. Reynolds, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX
100 S. Ashley Drive, #1400
Tampa, FL 33602
Telephone: 813-228-7000
Fax: 813-273-0091
Emails: vferrentino@barplaw.com;eserve@barplaw.com; and dhensley@barplaw.com
ereynolds@barplaw.com
1|Page
Brett P. Gliosca, Esq.
Jeffrey M. Goodis, Esq.
LA CAVA JACOBSON & GOODIS, P.A.
Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A.
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Office: 727-477-1013
Fax: 727-550-0811
Emails: stp-pleadings@liglegal.com; baliosca@liglegal.com; nkovacic@liglegal.com
Frances G. Prockop, Esq.
Alexandra S. Farren, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Office: 813-228-7000
Fax: 813-229-6316
Emails: eserve@barplaw.com; !plyushko@barplaw.com
R. Ryan Rivas, Esq.
Hail Booth Smith, P.C.
Attorneys for SUSAN BRUNER
2202 North Westshore Boulevard, Suite 200
Tampa, Florida 33607
Telephone - 727-568-8435
Emails: rrivas@hallboothsmith.com; NContreras@hallboothsmith.com
Barry A. Postman, Esq.
Ron M. Campbell, Esq.
Daniel C. Calvert, Esq.
Cole, Scott & Kissane, P.A.
Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a
MILLENNIUM PHYSICIAN GROUP
27300 Riverview Center Boulevard, Suite 200
Bonita Springs, FL 34134
Telephone: 239-690-7925
Facsimile: 239-738-7778
Emails:
daniel.calvert@csklegal.com; krystal. perez@csklegal.com; daniela.perez@csklegal.com
2|Page
Walter H. Tache, Esq.
Gavrila A. Brotz, Esq.
Tache, Bronis, and Descalzo, P.A.
Co-Counsel for Defendant FAWCETT MEMORIAL HOSPITAL
150 S.E. 2nd Avenue, Suite 600
Miami, FL 33131
Telephone: 305-537-9565
Facsimile: 305-537-9567
Emails: wtache@tachebronis.com; service@tachebronis.com; gbrotz@tachebronis.com
3|Page
Preview
Filing # 130582367 E-Filed 07/13/2021 05:01:38 PM IN THE CIRCUIT COURT OF THE 20 JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA RICKY BURG, her spouse, Plaintiffs, Vv. WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; SOVI JOSEPH, M.D., P.A.; SOVI JOSEPH; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. PLAINTIFFS’ MOTION FOR APPROPRIATE RELIEF AS TO DEFENDANT MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN NCE W: THE HE COURT COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court- appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, by and through their undersigned attorneys, and as their Motion for Appropriate Deutsch Blumberg & Caballero, PH, NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2002 + MIAMI, FLORIDA $3tS2 - TEL (905) 258-6928 4] Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 2 Relief as to Defendant MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP'S pattern of noncompliance with discovery and orders of the Court, state: Background 1 Defendant MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP (hereinafter referred to as MILLENNIUM PHYSICIAN GROUP), by information and belief, is the employer of Defendant DR. CATHY CRISS. Defendant MILLENNIUM PHYSICIAN GROUP billed for and received payment for the actions of Defendant DR. CATHY CRISS who was the attending physician as to the physical and mental evaluation by the Plaintiff that was made by a related MILLENNIUM entity on August 20, 2019 and August 21, 2019. Based on that evaluation, Defendant MILLENNIUM PHYSICIAN GROUP should have taken immediate and emergency steps to direct Plaintiff DEBORAH COOPER BURG to the closest emergency room based upon her life-threatening symptoms of Wernicke Encephalopathy and impending Korsakoff Psychosis, both of which are devastating tragic neurologic conditions that require immediate treatment with nutrition and vitamin B1 to avoid them from becoming permanent. Instead of directing Plaintiff DEBORAH COOPER BURG to an emergency room of a hospital, Defendant MILLENNIUM PHYSICIAN GROUP authorized Plaintiff DEBORAH COOPER BURG to go the acute nursing care facility known as LIFE CARE CENTER OF PUNTA GORDA, which was the wrong thing to do. Deutsch Blnbey & Caballero, PA, NEW WORLD TOWER + 100 N. GiSCAYNE BOULEVARD, SUITE 2902 - MIAN, FLORIDA 93432 - TEL (905) 388-4820 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 3 Defendant MILLENNIUM PHYSICIAN GROUP'S employee, DR. CATHY CRISS testified multiple times in her deposition she had a separate employment contract in effect in August 2019 with Defendant MILLENNIUM PHYSICIAN GROUP, which is a different employment contract than what was produced by Defendant MILLENNIUM PHYSICIAN GROUP, Even after motion practice and hearings, Plaintiffs still do not have this employment contract between Defendants MILLENNIUM PHYSICIAN GROUP and DR. CATHY CRISS. On June 29, 2021, the Court entered the attached Order directing that an Affidavit by an authorized MILLENNIUM PHYSICIAN GROUP representative be provided no later than July 12, 2021 (Exhibit A) addressing every element of item number 4 of Plaintiffs’ first request for production to Defendant MILLENNIUM PHYSICIAN GROUP, which requested: (4) Any and all contracts and agreements between you and any other individuat or entity, including but not limited to, Defendant CATHY CRISS including employment contracts, provider contracts and/or staffing contracts, billing contracts, and compensation contracts which related to medical services provided to Plaintiff DEBORAH COOPER BURG. This Court Order of June 29, 2021 has not been complied with. As will be seen in the next section below, Defendant MILLENNIUM PHYSICIAN GROUP'S noncompliance with its discovery obligations is ongoing and appropriate relief from the Court is requested. Deutsch Blumberg & Caballero, PHA, [NEW WORLD TOWER » 100 N. BISCAYNE BOULEVARD, SUITE pe02 - MIAMI, FLORIDA 99132 - TEL (905) 258-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 4 Defe: re ofDiscovery Defendant MILLENNIUM PHYSICIAN GROUP’S noncompliance with the Production of its employment contract between it and Defendant DR. CATHY CRISS goes back to the original statutory presuit process. Defendant MILLENNIUM PHYSICIAN GROUP ignored its obligations to comply with the 90-day statutory presuit discovery process. As a result thereof, the Court issued a public reprimand as a sanction. In its amended response to Plaintiffs’ first request for production item number 4, Defendant MILLENNIUM PHYSICIAN GROUP produced an Employment Agreement between Defendant DR. CATHY CRISS and Murdock Family Medicine, LLC dated July 15, 2008, (Exhibit B) Further, item 5 requested Defendant DR. CATHY CRISS’ personnel file and Defendant responded the personnel file was produced. (As seen below, there are still unproduced portions of the personnel file.) At Defendant DR. CATHY CRISS’ deposition, DR. CRISS reviewed the 2008 Employment Agreement with her prior employer, Murdock Family Medicine, LLC, and DR. CRISS testified that this was not the operative agreement in 2019 and as set forth in paragraph 2 above, and a separate and distinct Employment Agreement existed between her and Defendant MILLENNIUM PHYSICIAN GROUP covering the year of 2019, Deutsch Blanberg & Caballirr, PLA, NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2002 + MIAMI, FLORIDA 39132 - TEL (905) 359-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page S Deposition excerpt of Dr. Cathy Criss, page 144, lines 2 through 23: Q. And you say "we signed an employee agreement." So you're saying that you, Cathy Criss, signed an employment agreement between yourself and Millennium Physician Group, LLC, that was in existence sometime from 2008 through and including August of 2019; is that your testimony? A. To the best of my recollection. Q. Okay. What was the difference between the Murdock Family Medicine, LLC Employment Agreement and the Millennium Physician Group, LLC Employment Agreement that you entered into? A. I could not recall. Q. Do you, yourself, have a copy of -- Or strike that. I -- Did you -- Do you -- You signed -- you would have signed the agreement, this Employment Agreement between yourself and Millennium Physicians Group, LLC; is that true? THE WITNESS: I believe so. BY MR. BLUMBERG: And you have a copy of that? A. Ido not. As a result of Plaintiffs’ motion to compel to obtain said Employment Agreement, the Court entered the attached Court Order. (Exhibit A) 10. On July 12, 2021, Defendant MILLENNIUM PHYSICIAN GROUP filed the attached Notice of Supplemental Production including newly produced documents related to Defendant DR. CATHY CRISS’ employment with Defendant MILLENNIUM PHYSICIAN GROUP. (Exhibit C) However, a close examination of the documents reflects that even now, documents are being Deutiol & Caballire, PH, NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $5132 + TEL (905) 356-6829 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 6 withheld by the Defendant. For instance, the document marked “Millennium Physician Group Physician Compensation Plan” is labeled at the top as Exhibit “3”, yet Exhibits “1” and “2” were not produced. 11 Moreover, the Millennium Physician Group Physician Compensation Plan includes an Exhibit A, an Exhibit B, an Exhibit C to it but then jumps to what is referenced as Exhibit “8”. The so called Exhibit “8” is peculiar on its face because it is a 2-page document with each page marked at the bottom “Page 1 of 1”. The final document produced jumps to Exhibit 18.3. Obviously, the documents marked Exhibit 1, 2, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18.1 and 18.2 and so on have not been produced. 12. A further example of Defendant MILLENNIUM PHYSICIAN GROUP'S thwarting its obligations under discovery is found in its failure to timely respond to Plaintiffs’ Supplemental Request for Production of June 8, 2021 (Exhibit D), which seeks the following: 1 All electronic and hard copy documentation that was utilized to submit the bill to United Health Care for services rendered to Plaintiff DEBORAH COOPER BURG by Defendant CATHY CRISS, D.O. on September 5, 2019. (See attached Exhibit A which identifies this billing event for September 5, 2019 with claim ID 10196394). 2. Your complete billing file in all respects, electronic and hard copy, including all backup, emails, transmittals, and intra- and interoffice memoranda and/or communications concerning the creation of Exhibit A for the billing event for September 5, 2019, as well as its compilation and transmittal(s) to United Health Care for payment. Deutsch Blumberg & Caballere, PA, NEW WORLD TOWER » 100 N. BISCAYWE BOULEVARD, SUITE 2802 » MIAM), FLORIDA $3132 « TEL (805) 358-6320 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 7 3 All evidence of payment by United Health Care to Defendant MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP and/or Defendant CATHY CRISS, D.O. for billing referenced in Exhibit A. 4. All electronic and hard copy material that explains and supports how it came to be that Defendant CATHY CRISS, D.O. reviewed and executed the attached Home Health Certification and Plan of Care (see attached Exhibit B). 13. Defendant MILLENNIUM PHYSICIAN GROUP has, from the beginning of the presuit process on August 20, 2020 through the present, failed to comply with discovery and a Court order so that the Plaintiffs are prejudiced in being able to prosecute or obtain information necessary to explain Defendants MILLENNIUM PHYSICIAN GROUP and DR. CATHY CRISS’ involvement in Plaintiffs’ care and treatment. 14 At this stage, based upon the complete record, appropriate relief is requested which includes, but is not limited to the imposition of appropriate sanctions as the Court deems fit. Dautich Blomberg & Caballero, PL, [NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2002 + MIAMI, FLORIDA 3132 - TEL (905) 358-6829 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 8 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-service this 13 day of July, 2021 to: see attached service list. DEUTSCH BLUMBERG & CABALLERO, P.A. Attorneys for Plaintiffs New World Tower, Suite 2802 100 North Biscayne Boulevard Miami, Florida 33132 (305) 358-6329 (305) 358-9304 (facsimile) Email — erb@deutschblumberg.com; com Blumbe EDWARD R. BLUMBERG, ESQ. Florida Bar No. 190870 Deuliclh & Caballero, PH, NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI. FLORIDA 33132 » TEL (905) 358-6320 BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA SERVICE LIST John M. Stewart, Esquire Michael J. Swan, Esquire Rossway Swan Tierney Barry & Oliver, P.L. Co-Counsel for PLAINTIFFS 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960 Telephone: (772) 231-4440 E-Mails: jstewart@rosswayswan.com; mswan@rosswayswan,com; cdelo@rosswayswan.com Richard K. Bowers, Esquire Brandon R. Scheele, Esquire Bankers Lopez Gassler, P.A. Attorneys for DILENDRA WEERASINGHE 501 East Kennedy Boulevard, Suite 1700 Tampa, FL 33602 Telephone: 813-221-1500 Fax: 813-222-3066 rbowers@bankerlopez.com Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com Jay P. Chimpoulis, Esquire Susanne E. Riedhammer, Esquire Chimpoulis & Hunter, P.A. Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, I 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 Fax: 954-463-9562 Email: JCHimpouli it isH Victoria N. Ferrentino, Esq Erin B. Reynolds, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX 100 S. Ashley Drive, #1400 Tampa, FL 33602 Telephone: 813-228-7000 Fax: 813-273-0091 Emails: vferrentino@barplaw.com;eserve@barplaw.com; and dhensley@barplaw.com ereynolds@barplaw.com 1|Page Brett P. Gliosca, Esq. Jeffrey M. Goodis, Esq. LA CAVA JACOBSON & GOODIS, P.A. Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A. 200 Central Avenue, Suite 250 St. Petersburg, FL 33701 Office: 727-477-1013 Fax: 727-550-0811 Emails: stp-pleadings@liglegal.com; baliosca@liglegal.com; nkovacic@liglegal.com Frances G. Prockop, Esq. Alexandra S. Farren, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 Office: 813-228-7000 Fax: 813-229-6316 Emails: eserve@barplaw.com; !plyushko@barplaw.com R. Ryan Rivas, Esq. Hail Booth Smith, P.C. Attorneys for SUSAN BRUNER 2202 North Westshore Boulevard, Suite 200 Tampa, Florida 33607 Telephone - 727-568-8435 Emails: rrivas@hallboothsmith.com; NContreras@hallboothsmith.com Barry A. Postman, Esq. Ron M. Campbell, Esq. Daniel C. Calvert, Esq. Cole, Scott & Kissane, P.A. Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP 27300 Riverview Center Boulevard, Suite 200 Bonita Springs, FL 34134 Telephone: 239-690-7925 Facsimile: 239-738-7778 Emails: daniel.calvert@csklegal.com; krystal. perez@csklegal.com; daniela.perez@csklegal.com 2|Page Walter H. Tache, Esq. Gavrila A. Brotz, Esq. Tache, Bronis, and Descalzo, P.A. Co-Counsel for Defendant FAWCETT MEMORIAL HOSPITAL 150 S.E. 2nd Avenue, Suite 600 Miami, FL 33131 Telephone: 305-537-9565 Facsimile: 305-537-9567 Emails: wtache@tachebronis.com; service@tachebronis.com; gbrotz@tachebronis.com 3|Page