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Filing # 134100292 E-Filed 09/07/2021 12:23:17 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL
CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2020 CA 001106 AN
Hon. Margaret H. Schreiber
XIAO SHENG YUE,
Plaintiff,
vs.
CYNTHIA M FOERSTER AND
CHAPP, INC.,
Defendants.
—
eaeeaiaiaiaia(‘_ié_C
PLAINTIFF'S AMENDED OBJECTION TO DEFENDANT’S
RULE 1.360 EXAMINATION OF PLAINTIFF
Plaintiff, through counsel, files this Objection to Defendant’s Rule 1.360 Examination of Plaintiff:
1. Defendant has noticed a Rule 1.360 Examination of Plaintiff to occur on October 12,
2021 at 10:15 a.m., with G. Grady McBride, M.D. at Orlando Orthopaedic Center, 25
West Crystal Lake Street, Suite 200, Orlando, FL 32806.
2. Defendant’s Rule 1.360 Examination Notice fails to set forth reasonable conditions for
the exam as required by the Rule.
3. Plaintiff objects to the exam and asks these conditions apply to the exam:
a. Plaintiff shall be allowed to bring his/her attorney, a court reporter, and a
videographer to the exam. Pastore v. Cerese, 556 So. 2d 1235, 1235 (Fla. 2d
DCA 1990); Stakley v. Allstate Ins. Co., 547 So. 2d 275, 275 (Fla. 2d DCA
1989); High v. Burrell, 509 So. 2d 385, 385 (Fla. 5th DCA 1987); Bartell v.
McCarrick, 498 So. 2d 1378, 1380 (Fla. 4th DCA 1986); Broyles v. Reilley, 695
So.2d 832 (Fla. 2d DCA 1997).
b. The examiner shall not be allowed to charge Plaintiff anything for the attendance
of Plaintiff's attorney, court reporter, and videographer. McMullen v. Goas, Fla.
15th Cir. Ct. Case No. 50 2008 CA 033692 XXXX MB, Hrg. Tr. at 7.
c. The examiner shall not interfere with the court reporting or videotaping of the
exam and shall be responsible for ensuring the examination room is large
enough to hold Plaintiff, the examiner, Plaintiff's attorney, the court reporter,
and the videographer. Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007
CA 022385 XXXX MB, Order.
d. The videotape of the exam taken at direction of Plaintiffs counsel shall remain
work-product of Plaintiff's attorney unless and until Plaintiff waives the
privilege by listing same on a trial exhibit list, and upon written request and
pre-payment of copying costs, Defendants shall be entitled to of the videotape
upon such waiver under Byrd v. Southern Prestressed Concrete, Inc., 928 So.
2d 455 (Fla. 1st DCA 2008) and McGarrah v. Bayfront Medical Center, Inc.,
889 So. 2d 923 (Fla. 2d DCA 2004).
e. The transcript of the exam shall remain work-product of the Plaintiff's
attorney unless and until Plaintiff waives the privilege by listing same on a
trial exhibit list, and upon written request and pre-payment of copying costs,
Defendants shall be entitled to a copy of the transcript upon such waiver under
Maguire v. Pool Doctor of Palm Beaches, Inc., 23 So. 3d 865 (Fla. 4th DCA
2009).
f. Defendant shall not be allowed to videotape or transcribe the exam. Prince v.
Mallari, 36 So. 3d 128 (Fla. 5th DCA 2010).
g. The examiner shall not comment on, put in his or her report, or testify about, the
reasonableness of Plaintiff's treatment or medical bills. Emory v. Fla. Freedom
Newspapers, 687 So. 2d 846 (Fla. 4th DCA 1997); Dungan v. Ford, 632 So. 2d
159 (Fla. 1st DCA 1994); Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50
2007 CA 022385 XXXX MB, Order.
h. The CME report shall not be admitted into evidence at any proceeding in this
case. McElroy v. Perry, 753 So. 2d 121 (Fla. 2d DCA 2000). .
i. No later than fifteen days after the receipt of the CME report by Plaintiff's
counsel, counsel shall confer and schedule the deposition of the examiner.
Billings v. Pelley, Fla. 6th Cir. Ct. Case No. 01-002101-CI-8, Order; see also ght
Judicial Circuit, Division 39 Guidelines of the Honorable Margaret H. Schreiber
j. Plaintiff does not stipulate to the authenticity of any records, films, documents,
or things of any type that the examiner may review or rely on. The examiner
shall not be used as a conduit for inadmissible hearsay evidence. The examiner
shall not report or comment on at any proceeding in this case about the opinions,
diagnoses and/or findings of other physicians who are not testifying in this
case. § 90.803(6), Fla. Stat. (2011); Ross Dress for Less, Inc. v. Radcliff, 751
So. 2d 126 (Fla. 2d DCA 2000); Maklakiewicz v. Berton, 652 So. 2d 1208
(Fla. 3d DCA 1995); Forester v. Jewell, 610 So. 2d 1369 (Fla. 1st DCA
1992); Riggins v. Mariner Boat Works, 545 So. 2d 430 (Fla. 2d DCA 1989);
Kurynka v. Tamarac Hospital, 542 So. 2d 412 (Fla. 4th DCA 1989); Smithson
v. VMS Realty, Inc., 536 So. 2d 260 (Fla. 3d DCA 1988).
k. The CME examiner shall deliver proof of medical malpractice insurance
coverage for the date of the examination to Morgan & Morgan, PA, 20 N.
Orange Ave, Suite 1600, 407-425- (fax) at least five days before the scheduled
examination. “Deliver” means the examiner’s proof of medical malpractice
coverage must be in Morgan & Morgan’s office at least five business days
before the scheduled examination, or Plaintiff shall not attend the examination.
Aaronson v. Kings Point in Tamarac, Inc., Fla. 15th Cir. Ct. Case No. CACE 10-
48571 (14), Order; Billings v. Pelley, Fla. 6th Cir. Ct. Case No. 01-002101-CI-8,
Order.
1. Defendants are limited to one exam per specialty. Cameron v. Riddley, Fla. 15th
Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order
m. If the exam does not start within thirty minutes of the scheduled start time, then
Plaintiff shall not be required to wait further and Defendants shall be responsible
for all fees and costs associated with the attendance of Plaintiff's counsel, court
reporter, and videographer at the non-occurring exam. Aaronson v. King’s
Point, Fla. 17th Cir. Ct. Case No. CACE 10-48571 (14), Order; Cameron v.
Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order.
n. Defendant shall not refer to the examiner as “independent,” “Court-appointed,”
“one of the examining doctors,” or similar title, and shall only refer to the exam
as a “compulsory medical examination,” or “defense examination.” Cameron v.
Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order; see
also 9" Judicial Circuit, Division 39 Guidelines for Counsel Regarding
Compulsory Medical Examinations by the Honorable Margaret H. Schreiber.
o. No person or entity shall attend the exam on behalf of Defendants except the
examiner. Chavez v. J & L Drywall, 858 So. 2d 1266 (Fla. 1st DCA 2003);
Gibson v. Gibson, 456 So. 2d 1320 (Fla. 4th DCA 1984); see also 9" Judicial
Circuit, Division 39 Guidelines for Counsel Regarding Compulsory Medical
Examinations by the Honorable Margaret H. Schreiber.
p. Plaintiff's counsel shall receive in its office at least five days before the date
of the exam, written notice of any and all medical tests to be performed on
Plaintiff during the exam, including but not limited to identification with
specificity what equipment shall be employed during the exam, and the scope
of the exam. Shagrin v. Nacht, 683 So. 2d 1173 (Fla. 4th DCA 1996).
q. Plaintiff shall not be required to fill out any forms or documents except to
provide identifying information and sufficient proof of identity through a
state-issued ID card unless such forms are provided to undersigned counsel at
least 7 days prior to the examination. Lindsay v. Holman Auto. Group, Inc.,
Fla. 15th Cir. Ct. Case No. 50 2010 CA 030231 MP AF, Order; Cameron v.
Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order; see
also 9th Judicial Circuit, Division 39 Guidelines for Counsel Regarding
Compulsory Medical Examinations by the Honorable Margaret H. Schreiber.
r. The examiner shall not take a medical history from Plaintiff, be allowed to
report, opine, or testify that Plaintiff gave the examiner an inaccurate history, or
omitted certain matters concerning Plaintiff's medical history, or that Plaintiff
lied to the examiner as historical information is provided through Plaintiff's
medical records and discovery responses. Lindsay v. Holman Auto. Group,
Inc., Fla. 15th Cir. Ct. Case No. 50 2010 CA 030231 MP AF, Order; Byxbee v.
Reyes, Fla. 15th Cir. Ct. Case No. CA 01-12414 AO, Order.
s. The examiner shall not ask Plaintiff how the accident occurred, who was at
fault, the scene of the accident, what anyone did or did not do at the scene,
what Plaintiff told anyone at the scene, what Plaintiff told any medical
professional, or when Plaintiff saw any medical professional. Cameron v.
Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order;
Byxbee v. Reyes, Fla. 15th Cir. Ct. Case No. CA 01-12414 AO, Order.
t. The examiner shall not ask Plaintiff how he/she was injured because this
information was already disclosed in Plaintiff's deposition, discovery responses,
and medical records. Rivera v. Probst, Fla. 19th Cir. Ct. Case No. 10-1624 CA,
Order; Lindsay v. Holman Auto. Group, Inc., Fla. 15th Cir. Ct. Case No., 50
2010 CA 030231 MP AF, Order.
u. Plaintiff shall not be required to submit to any x-rays as part of the exam if
Plaintiff has x-rays not older than one year for the body part(s) to be examined
during the exam, and defense counsel is responsible for providing such x-rays to
the examiner. Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA
022385 XXXX MB, Order.
v. The examiner shall not ask Plaintiff if his/her attorney referred him/her to any
doctor, no reference to any such referral shall appear in the exam report, and the
examiner shall not report, opine, or testify to any such referral. Burt v. GEICO,
603 So. 2d 125 (Fla. 2d DCA 1992).
w. The examiner shall not ask Plaintiff when he/she hired a lawyer, no reference to
the hiring of a lawyer shall appear in the exam report, and the examiner shall not
report, opine, or testify to any the hiring of a lawyer. Watson v. Builders Square,
563 So. 2d 721 (Fla. 4th DCA 1990).
x. The examiner’s opinions at trial shall be limited to those contained in the exam
report, unless Plaintiff's counsel receives in its office no later than thirty days
before any such testimony an updated or amended report setting for the new
opinions and grounds therefore. Cameron v. Riddley, Fla. 15th Cir. Ct. Case No.
50 2007 CA 022385 XXXX MB, Order.
y. Plaintiff shall be entitled to call as a retained expert at trial, a medical
professional of the same specialty as that of the CME examiner.
z. Defendants shall be responsible for providing any and all records, films, test
results, or any other thing required by the examiner to complete the exam.
Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX
MB, Order.
aa. Plaintiff's counsel shall receive in its office within fourteen (14) business days of
the date of the exam, a complete copy of the examiner’s report. Suarez-Burgos
v. Morhaim, 745 So. 2d 368 (Fla. 4th DCA 1999); see also 9" Judicial Circuit,
Division 39 Guidelines for Counsel Regarding Compulsory Medical
Examinations by the Honorable Margaret H. Schreiber.
bb. Plaintiff shall not be responsible for any fee if the exam fails to take place due
to circumstances beyond the Plaintiff's control. If the exam does not occur
due to circumstances within Plaintiff's control, then Plaintiff shall only be
responsible for a $300 disruption fee.
cc. Defendants shall provide full and complete responses to Plaintiff's Expert
Interrogatories and Request for Production filed simultaneously herewith
pursuant to Florida Rule of Civil Procedure 1.280 and Allstate v. Boecher, 733
So. 2d 993 (Fla. 1999); Elkins v. Syken, 672 So. 2d 517 (Fla. 1996); Springer
v. West, 769 So. 2d 1068 (Fla. 5th DCA 2000); Surf Drugs, Inc. v. Vermette,
236 So. 2d 108 (Fla. 1970); Gold, Vann & White v. DeBarry, 639 So. 2d 47
(Fla. 4th DCA 1994) within thirty calendar days of the date of the service of
these Objections.
dd. Defendants are responsible for informing the examiner of the conditions
applicable to the exam. Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007
CA 022385 XXXX MB, Order.
WHEREFORE, Plaintiff respectfully requests this Honorable Court sustain the foregoing objections
to Defendant’s requested exam of Plaintiff.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 7, 2021, a true and correct copy of the
foregoing document was filed electronically and was sent by E-Mail from the Florida
Courts’ E-Filing Portal system, unless otherwise noted in this certificate of service, to: Jorge
Santeiro, Jr., Esquire, Law Offices of Santeiro & Garrison, 6300 University Parkway, Ste
101, Sarasota, FL 34240, via email at jsanteiro@fcci-group.com; ssmithS@fcci-group.com;
legalservice@fcci-group.com.
/s/ Manuel Stefan, Esq.
Manuel “Manny” Stefan, Esq.
Florida Bar No.: 0103389
MORGAN & MORGAN, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Telephone No.: (407) 452-6982
Facsimile No.: (407) 572-0124
Primary email: MStefan@forthepeople.com
Secondary email: cvictor@forthepeople.com
Attorneyfor Plaintiff
Preview
Filing # 134100292 E-Filed 09/07/2021 12:23:17 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2020 CA 001106 AN Hon. Margaret H. Schreiber XIAO SHENG YUE, Plaintiff, vs. CYNTHIA M FOERSTER AND CHAPP, INC., Defendants. — eaeeaiaiaiaia(‘_ié_C PLAINTIFF'S AMENDED OBJECTION TO DEFENDANT’S RULE 1.360 EXAMINATION OF PLAINTIFF Plaintiff, through counsel, files this Objection to Defendant’s Rule 1.360 Examination of Plaintiff: 1. Defendant has noticed a Rule 1.360 Examination of Plaintiff to occur on October 12, 2021 at 10:15 a.m., with G. Grady McBride, M.D. at Orlando Orthopaedic Center, 25 West Crystal Lake Street, Suite 200, Orlando, FL 32806. 2. Defendant’s Rule 1.360 Examination Notice fails to set forth reasonable conditions for the exam as required by the Rule. 3. Plaintiff objects to the exam and asks these conditions apply to the exam: a. Plaintiff shall be allowed to bring his/her attorney, a court reporter, and a videographer to the exam. Pastore v. Cerese, 556 So. 2d 1235, 1235 (Fla. 2d DCA 1990); Stakley v. Allstate Ins. Co., 547 So. 2d 275, 275 (Fla. 2d DCA 1989); High v. Burrell, 509 So. 2d 385, 385 (Fla. 5th DCA 1987); Bartell v. McCarrick, 498 So. 2d 1378, 1380 (Fla. 4th DCA 1986); Broyles v. Reilley, 695 So.2d 832 (Fla. 2d DCA 1997). b. The examiner shall not be allowed to charge Plaintiff anything for the attendance of Plaintiff's attorney, court reporter, and videographer. McMullen v. Goas, Fla. 15th Cir. Ct. Case No. 50 2008 CA 033692 XXXX MB, Hrg. Tr. at 7. c. The examiner shall not interfere with the court reporting or videotaping of the exam and shall be responsible for ensuring the examination room is large enough to hold Plaintiff, the examiner, Plaintiff's attorney, the court reporter, and the videographer. Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order. d. The videotape of the exam taken at direction of Plaintiffs counsel shall remain work-product of Plaintiff's attorney unless and until Plaintiff waives the privilege by listing same on a trial exhibit list, and upon written request and pre-payment of copying costs, Defendants shall be entitled to of the videotape upon such waiver under Byrd v. Southern Prestressed Concrete, Inc., 928 So. 2d 455 (Fla. 1st DCA 2008) and McGarrah v. Bayfront Medical Center, Inc., 889 So. 2d 923 (Fla. 2d DCA 2004). e. The transcript of the exam shall remain work-product of the Plaintiff's attorney unless and until Plaintiff waives the privilege by listing same on a trial exhibit list, and upon written request and pre-payment of copying costs, Defendants shall be entitled to a copy of the transcript upon such waiver under Maguire v. Pool Doctor of Palm Beaches, Inc., 23 So. 3d 865 (Fla. 4th DCA 2009). f. Defendant shall not be allowed to videotape or transcribe the exam. Prince v. Mallari, 36 So. 3d 128 (Fla. 5th DCA 2010). g. The examiner shall not comment on, put in his or her report, or testify about, the reasonableness of Plaintiff's treatment or medical bills. Emory v. Fla. Freedom Newspapers, 687 So. 2d 846 (Fla. 4th DCA 1997); Dungan v. Ford, 632 So. 2d 159 (Fla. 1st DCA 1994); Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order. h. The CME report shall not be admitted into evidence at any proceeding in this case. McElroy v. Perry, 753 So. 2d 121 (Fla. 2d DCA 2000). . i. No later than fifteen days after the receipt of the CME report by Plaintiff's counsel, counsel shall confer and schedule the deposition of the examiner. Billings v. Pelley, Fla. 6th Cir. Ct. Case No. 01-002101-CI-8, Order; see also ght Judicial Circuit, Division 39 Guidelines of the Honorable Margaret H. Schreiber j. Plaintiff does not stipulate to the authenticity of any records, films, documents, or things of any type that the examiner may review or rely on. The examiner shall not be used as a conduit for inadmissible hearsay evidence. The examiner shall not report or comment on at any proceeding in this case about the opinions, diagnoses and/or findings of other physicians who are not testifying in this case. § 90.803(6), Fla. Stat. (2011); Ross Dress for Less, Inc. v. Radcliff, 751 So. 2d 126 (Fla. 2d DCA 2000); Maklakiewicz v. Berton, 652 So. 2d 1208 (Fla. 3d DCA 1995); Forester v. Jewell, 610 So. 2d 1369 (Fla. 1st DCA 1992); Riggins v. Mariner Boat Works, 545 So. 2d 430 (Fla. 2d DCA 1989); Kurynka v. Tamarac Hospital, 542 So. 2d 412 (Fla. 4th DCA 1989); Smithson v. VMS Realty, Inc., 536 So. 2d 260 (Fla. 3d DCA 1988). k. The CME examiner shall deliver proof of medical malpractice insurance coverage for the date of the examination to Morgan & Morgan, PA, 20 N. Orange Ave, Suite 1600, 407-425- (fax) at least five days before the scheduled examination. “Deliver” means the examiner’s proof of medical malpractice coverage must be in Morgan & Morgan’s office at least five business days before the scheduled examination, or Plaintiff shall not attend the examination. Aaronson v. Kings Point in Tamarac, Inc., Fla. 15th Cir. Ct. Case No. CACE 10- 48571 (14), Order; Billings v. Pelley, Fla. 6th Cir. Ct. Case No. 01-002101-CI-8, Order. 1. Defendants are limited to one exam per specialty. Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order m. If the exam does not start within thirty minutes of the scheduled start time, then Plaintiff shall not be required to wait further and Defendants shall be responsible for all fees and costs associated with the attendance of Plaintiff's counsel, court reporter, and videographer at the non-occurring exam. Aaronson v. King’s Point, Fla. 17th Cir. Ct. Case No. CACE 10-48571 (14), Order; Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order. n. Defendant shall not refer to the examiner as “independent,” “Court-appointed,” “one of the examining doctors,” or similar title, and shall only refer to the exam as a “compulsory medical examination,” or “defense examination.” Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order; see also 9" Judicial Circuit, Division 39 Guidelines for Counsel Regarding Compulsory Medical Examinations by the Honorable Margaret H. Schreiber. o. No person or entity shall attend the exam on behalf of Defendants except the examiner. Chavez v. J & L Drywall, 858 So. 2d 1266 (Fla. 1st DCA 2003); Gibson v. Gibson, 456 So. 2d 1320 (Fla. 4th DCA 1984); see also 9" Judicial Circuit, Division 39 Guidelines for Counsel Regarding Compulsory Medical Examinations by the Honorable Margaret H. Schreiber. p. Plaintiff's counsel shall receive in its office at least five days before the date of the exam, written notice of any and all medical tests to be performed on Plaintiff during the exam, including but not limited to identification with specificity what equipment shall be employed during the exam, and the scope of the exam. Shagrin v. Nacht, 683 So. 2d 1173 (Fla. 4th DCA 1996). q. Plaintiff shall not be required to fill out any forms or documents except to provide identifying information and sufficient proof of identity through a state-issued ID card unless such forms are provided to undersigned counsel at least 7 days prior to the examination. Lindsay v. Holman Auto. Group, Inc., Fla. 15th Cir. Ct. Case No. 50 2010 CA 030231 MP AF, Order; Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order; see also 9th Judicial Circuit, Division 39 Guidelines for Counsel Regarding Compulsory Medical Examinations by the Honorable Margaret H. Schreiber. r. The examiner shall not take a medical history from Plaintiff, be allowed to report, opine, or testify that Plaintiff gave the examiner an inaccurate history, or omitted certain matters concerning Plaintiff's medical history, or that Plaintiff lied to the examiner as historical information is provided through Plaintiff's medical records and discovery responses. Lindsay v. Holman Auto. Group, Inc., Fla. 15th Cir. Ct. Case No. 50 2010 CA 030231 MP AF, Order; Byxbee v. Reyes, Fla. 15th Cir. Ct. Case No. CA 01-12414 AO, Order. s. The examiner shall not ask Plaintiff how the accident occurred, who was at fault, the scene of the accident, what anyone did or did not do at the scene, what Plaintiff told anyone at the scene, what Plaintiff told any medical professional, or when Plaintiff saw any medical professional. Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order; Byxbee v. Reyes, Fla. 15th Cir. Ct. Case No. CA 01-12414 AO, Order. t. The examiner shall not ask Plaintiff how he/she was injured because this information was already disclosed in Plaintiff's deposition, discovery responses, and medical records. Rivera v. Probst, Fla. 19th Cir. Ct. Case No. 10-1624 CA, Order; Lindsay v. Holman Auto. Group, Inc., Fla. 15th Cir. Ct. Case No., 50 2010 CA 030231 MP AF, Order. u. Plaintiff shall not be required to submit to any x-rays as part of the exam if Plaintiff has x-rays not older than one year for the body part(s) to be examined during the exam, and defense counsel is responsible for providing such x-rays to the examiner. Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order. v. The examiner shall not ask Plaintiff if his/her attorney referred him/her to any doctor, no reference to any such referral shall appear in the exam report, and the examiner shall not report, opine, or testify to any such referral. Burt v. GEICO, 603 So. 2d 125 (Fla. 2d DCA 1992). w. The examiner shall not ask Plaintiff when he/she hired a lawyer, no reference to the hiring of a lawyer shall appear in the exam report, and the examiner shall not report, opine, or testify to any the hiring of a lawyer. Watson v. Builders Square, 563 So. 2d 721 (Fla. 4th DCA 1990). x. The examiner’s opinions at trial shall be limited to those contained in the exam report, unless Plaintiff's counsel receives in its office no later than thirty days before any such testimony an updated or amended report setting for the new opinions and grounds therefore. Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order. y. Plaintiff shall be entitled to call as a retained expert at trial, a medical professional of the same specialty as that of the CME examiner. z. Defendants shall be responsible for providing any and all records, films, test results, or any other thing required by the examiner to complete the exam. Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order. aa. Plaintiff's counsel shall receive in its office within fourteen (14) business days of the date of the exam, a complete copy of the examiner’s report. Suarez-Burgos v. Morhaim, 745 So. 2d 368 (Fla. 4th DCA 1999); see also 9" Judicial Circuit, Division 39 Guidelines for Counsel Regarding Compulsory Medical Examinations by the Honorable Margaret H. Schreiber. bb. Plaintiff shall not be responsible for any fee if the exam fails to take place due to circumstances beyond the Plaintiff's control. If the exam does not occur due to circumstances within Plaintiff's control, then Plaintiff shall only be responsible for a $300 disruption fee. cc. Defendants shall provide full and complete responses to Plaintiff's Expert Interrogatories and Request for Production filed simultaneously herewith pursuant to Florida Rule of Civil Procedure 1.280 and Allstate v. Boecher, 733 So. 2d 993 (Fla. 1999); Elkins v. Syken, 672 So. 2d 517 (Fla. 1996); Springer v. West, 769 So. 2d 1068 (Fla. 5th DCA 2000); Surf Drugs, Inc. v. Vermette, 236 So. 2d 108 (Fla. 1970); Gold, Vann & White v. DeBarry, 639 So. 2d 47 (Fla. 4th DCA 1994) within thirty calendar days of the date of the service of these Objections. dd. Defendants are responsible for informing the examiner of the conditions applicable to the exam. Cameron v. Riddley, Fla. 15th Cir. Ct. Case No. 50 2007 CA 022385 XXXX MB, Order. WHEREFORE, Plaintiff respectfully requests this Honorable Court sustain the foregoing objections to Defendant’s requested exam of Plaintiff. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 7, 2021, a true and correct copy of the foregoing document was filed electronically and was sent by E-Mail from the Florida Courts’ E-Filing Portal system, unless otherwise noted in this certificate of service, to: Jorge Santeiro, Jr., Esquire, Law Offices of Santeiro & Garrison, 6300 University Parkway, Ste 101, Sarasota, FL 34240, via email at jsanteiro@fcci-group.com; ssmithS@fcci-group.com; legalservice@fcci-group.com. /s/ Manuel Stefan, Esq. Manuel “Manny” Stefan, Esq. Florida Bar No.: 0103389 MORGAN & MORGAN, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Telephone No.: (407) 452-6982 Facsimile No.: (407) 572-0124 Primary email: MStefan@forthepeople.com Secondary email: cvictor@forthepeople.com Attorneyfor Plaintiff