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Filing # 185053528 E-Filed 10/30/2023 01:52:54 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2017-CA-000174 MP
TODD COPELAND, Esquire, as Guardian
Ad Litem for J.C. a minor, and as Trustee
of the J.C. Special Needs Trust, ASHLEY
CALZADA and JUAN L. CALZADA,
individually and on behalf of J.C., a minor,
Plaintiffs,
v.
OSCEOLA REGIONAL HOSPITAL
d/b/a/ OSCEOLA REGIONAL MEDICAL
CENTER, ERIK FRENDAK, CRNA.,
OSCEOLA OB/GYN, MICHAEL R.
DENARDIS, D.O., OB HOSPITALIST
GROUP, LLC., EZER A. OJEDA, M.D.,
OSCEOLA ANESTHESIA
ASSOCIATES, PL., RODNEY DEL
VALLE, M.D., PEDIATRIX MEDICAL
GROUP, INC., PEDIATRIX MEDICAL
GROUP OF FLORIDA, INC., MEDNAX,
INC., JOSE I. GIERBOLINI, M.D., JOHN
LONGHI, M.D., HCA, INC., HCA
HEALTH SERVICES OF FLORIDA,
INC., AND HCA HEALTHCARE
SERVICES–FLORIDA, INC.,
Defendants.
__________________________________/
NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that on -DQXDU\ at :00 p.m. EST via ZOOM, the
Plaintiffs, by and through the undersigned attorney, will take the deposition of: $DURQ
&DXJKH\, M.D.
Upon oral examination pursuant to Florida Rules of Civil Procedure before an official
reporter, Esquire, Notary public, or some officer authorized by law to take
depositions. Said deposition is to be taken for discovery purposes, for use as evidence at trial or
*
both. Deponent must have with him on the above date and time all requested documents on the
attached “Schedule A.”
In accordance with the Americans with Disabilities Act, persons with disabilities needing
a special accommodation to participate in the proceeding should contact, Carlos Diez-Arguelles,
Diez-Arguelles & Tejedor P.A., 505 N. Mills Avenue., Orlando, Florida 32803, (407) 705-2880,
not later than seven (7) days prior to the proceeding. If hearing impaired, (TTD) 1-800-955-
8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the forgoing has been electronically
filed with the Clerk of the Court by using the Florida Courts E-Filing Portal and furnished
via electronic mail to all counsel on the service list below, this 30th day of October, 2023.
/s/ Maria D. Tejedor
Maria D. Tejedor
FBN: 95834
DIEZ-ARGUELLES & TEJEDOR
505 North Mills Avenue
Orlando, Florida 32803
Telephone: (407) 705-2880
Attorney for Plaintiffs
ma i l@theorlando lawyers, com
leah@theorlandolawyers.com
SERVICE LIST
Thomas E. Dukes, III, Esquire
McEwan, Martinez & Dukes, P.A.
108 East Central Boulevard
Orlando, Florida 32801
NOS@mmdorl.com; tdukes@mmdorl.com; rosbome@mmdorl.com
Attorneys for Defendants, Eric Frendak, CRNA, Rodney Del Valle, M.D. and
Osceola Anesthesia Associates, PL
Pierre J. Seacord, Esquire
Henry, Seacord, & Justice, P.A.
200 South Orange Ave, Suite 2850
Orlando, FL 32801
service-seacord@bsj-law.com; service-lopez@bsj-law.com
Attorneys for Defendants, Osceola OB/GYN and Michael R. Denardis, D.O.
Edward Copeland, IV, Esquire
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.
1 North Dale Mabry Highway, 11th Floor
Tampa, FL 33609
efo.service@rissman.com; emc.service@rissman
Attorneys for OB Hospitalist Group, LLC. and Ezer A. Ojeda, M.D.
Patrick H. Telan, Esquire & Marshall McKinstry, Esquire
Ketcham, Eide, Telan, Meltz, & Wallace, P.A.
Post Office Box 538065
Orlando, Florida 32853-8065
phtelan@triallawfla.com; enotice@triallawfla.com; cboals@triallawfla.com;
memckinstry@triallawfla.com; boconnor@triallawfla.com
Attorneys for Pediatrix Medical Group, INC., Pediatrix Medical Group of Florida, INC.,
Mednax, INC., Jose I. Gierbolini, M.D. and Juan Longhi, M.D.
David S. Nelson, Esquire
LaCava, Jacobson, & Goodis, P.A.
501 East Kennedy Blvd., Suite 1250
Tampa, FL 33602
DNelson@LJGIegal.com; LNader@LJGlegal.com
Co-Counsel for Defendant, Osceola Regional Hospital d/b/a Osceola Regional Medical Center
John D. Emmanuel, Esquire
Buchanan, Ingersoll, & Rooney, PC
401 East Jackson Street, Suite 2400
Tampa, FL 33602
john.emmanuel@bipc.com
Attorneys for Defendants HCA, Inc.., HCA Healthcare Services Of Florida, Inc. And HCA
Healthcare Services-Florida, Inc.
Paul R Borr, Esq.
Tache’ Bronis Christianson & Descalzo, P.A.
150 SE 2nd St., Suite 600
Miami, FL 33131
pborr@tachebronis.com; service@tachebronis.com
Co-Counsel for Osceola Regional Hospital d/b/a Osceola Regional Medical
SCHEDULE A
1. Your Curriculum Vitae along with those of anyone else at your company who has worked
on this case.
2. Your entire file regarding this matter.
3. All correspondence, facsimiles, emails, note, messages, transmittals by and between
counsel for Defendant and you or your company.
4. Any and all engagement letter, contract, retainer agreements or other written instructions
received or agreed to by you in connection with this case.
5. All writing setting forth your opinion or observation in this case.
6. Each and every document created by you or your company in connection with this
matter.
7. The raw data, results, videotapes, photographs or any other documentation related to any
testing that you or your company have conducted in connection with this matter.
8. All articles, books, papers, manuals, studies or similar documents both formal and
informal, written by you or to which you contributed.
9. Any opinions which were revised or modified.
10. All written reports or material, records, depositions, answers to interrogatories or other
documentation relied upon you in formulating your opinions in this case.
11. All documents or material, records, reports, depositions, answer to interrogatories or
other documentation reviewed by you but not relied on in formulating your opinion or in the
process of review for the formation of your opinion.
12. All documents or material, records, reports, depositions, answer to interrogatories or
other documentation reviewed by you but not relied on in formulating your opinion in this case.
13. All photographs, diagrams, surveys, plates or other like materials, or any and all tangible
matters or items relied upon reviewed by you or anyone at your company in the formation of
your opinion or in the process of review for the formation of your opinion.
14. Any and all written or recorded statements taken from Plaintiff.
15. Each and every article, treatise, book, study, chapter, page, paper, study, law regulation,
guideline, suggestion, recommendation, ordinance, table, statistic, statute, rule, chart, graph,
summary, census, other document, tangible evidence including electronically stored evidence in
tangible form, or other similar source of information considered or reviewed by you or upon
which you relied in evaluating, investigating, or formulating your opinion in connection with this
matter.
16. Any other information reviewed by your in connection with this case.
17. Your fee schedule.
18. If you intended to opine regarding the reasonableness of medical expenses, a copy of
your fee schedule for all similar procedures to which you intend to opine.
19. Any and all invoices, ledgers, bills and other documentation of the time and costs you or
your company has expended in connection with this case, including any payments received.
20. All documents or tangible items of whatsoever nature pertaining to the following:
a. The scope of your employment in this case and the compensation for such service.
b. Your general litigation experience, including the percentage of work performed for
plaintiffs and defendants
c. The identity of other insurance claims or legal actions in which each of you have
rendered opinions or evaluations during the last three years. (You are not requested to identify
instances where treatment was provided to a patient.)
d. The identity of other cases in which you have testified by deposition or a trial during the
last three years.
e. An approximation of the portion of your involvement as an expert witness, which may be
based on the number of hours, percentage of hours or percentage of earned income derived from
serving as an expert witness.
21. The documents requested in 11 above for your entire company
22. Copies of any and all bills, invoices, records, memoranda, checks, check stubs, receipts,
1099’s, tax records or any other form of financial information evidencing payment or
compensation paid by Plaintiff, and Plaintiff’s counsel for services provided by you for the last
three (3) years.
23. Copies of any and all bills, invoices, records, memoranda, checks, check stubs, receipts,
1099’s, tax records or any other form of financial information evidencing payment or
compensation paid by Plaintiff, and Plaintiff’s counsel entire firm for services provided by your
company for the last three (3) years.
24. Any and all depositions and trial transcripts taken in any other action where you have
testified as a treating or retained expert witness.
25. Each and every Witness List, Notice of Deposition or Other Pleading wherein you were
named or retained during the past three years by Plaintiff.
26. A copy of your most recent letterhead
27. Any advertising done by you within the last three calendar years, including but not
limited to internet websites and emails.
Preview
Filing # 185053528 E-Filed 10/30/2023 01:52:54 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2017-CA-000174 MP TODD COPELAND, Esquire, as Guardian Ad Litem for J.C. a minor, and as Trustee of the J.C. Special Needs Trust, ASHLEY CALZADA and JUAN L. CALZADA, individually and on behalf of J.C., a minor, Plaintiffs, v. OSCEOLA REGIONAL HOSPITAL d/b/a/ OSCEOLA REGIONAL MEDICAL CENTER, ERIK FRENDAK, CRNA., OSCEOLA OB/GYN, MICHAEL R. DENARDIS, D.O., OB HOSPITALIST GROUP, LLC., EZER A. OJEDA, M.D., OSCEOLA ANESTHESIA ASSOCIATES, PL., RODNEY DEL VALLE, M.D., PEDIATRIX MEDICAL GROUP, INC., PEDIATRIX MEDICAL GROUP OF FLORIDA, INC., MEDNAX, INC., JOSE I. GIERBOLINI, M.D., JOHN LONGHI, M.D., HCA, INC., HCA HEALTH SERVICES OF FLORIDA, INC., AND HCA HEALTHCARE SERVICES–FLORIDA, INC., Defendants. __________________________________/ NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that on -DQXDU\ at :00 p.m. EST via ZOOM, the Plaintiffs, by and through the undersigned attorney, will take the deposition of: $DURQ &DXJKH\, M.D. Upon oral examination pursuant to Florida Rules of Civil Procedure before an official reporter, Esquire, Notary public, or some officer authorized by law to take depositions. Said deposition is to be taken for discovery purposes, for use as evidence at trial or * both. Deponent must have with him on the above date and time all requested documents on the attached “Schedule A.” In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in the proceeding should contact, Carlos Diez-Arguelles, Diez-Arguelles & Tejedor P.A., 505 N. Mills Avenue., Orlando, Florida 32803, (407) 705-2880, not later than seven (7) days prior to the proceeding. If hearing impaired, (TTD) 1-800-955- 8771, or Voice (V) 1-800-955-8770, via Florida Relay Service. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the forgoing has been electronically filed with the Clerk of the Court by using the Florida Courts E-Filing Portal and furnished via electronic mail to all counsel on the service list below, this 30th day of October, 2023. /s/ Maria D. Tejedor Maria D. Tejedor FBN: 95834 DIEZ-ARGUELLES & TEJEDOR 505 North Mills Avenue Orlando, Florida 32803 Telephone: (407) 705-2880 Attorney for Plaintiffs ma i l@theorlando lawyers, com leah@theorlandolawyers.com SERVICE LIST Thomas E. Dukes, III, Esquire McEwan, Martinez & Dukes, P.A. 108 East Central Boulevard Orlando, Florida 32801 NOS@mmdorl.com; tdukes@mmdorl.com; rosbome@mmdorl.com Attorneys for Defendants, Eric Frendak, CRNA, Rodney Del Valle, M.D. and Osceola Anesthesia Associates, PL Pierre J. Seacord, Esquire Henry, Seacord, & Justice, P.A. 200 South Orange Ave, Suite 2850 Orlando, FL 32801 service-seacord@bsj-law.com; service-lopez@bsj-law.com Attorneys for Defendants, Osceola OB/GYN and Michael R. Denardis, D.O. Edward Copeland, IV, Esquire Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. 1 North Dale Mabry Highway, 11th Floor Tampa, FL 33609 efo.service@rissman.com; emc.service@rissman Attorneys for OB Hospitalist Group, LLC. and Ezer A. Ojeda, M.D. Patrick H. Telan, Esquire & Marshall McKinstry, Esquire Ketcham, Eide, Telan, Meltz, & Wallace, P.A. Post Office Box 538065 Orlando, Florida 32853-8065 phtelan@triallawfla.com; enotice@triallawfla.com; cboals@triallawfla.com; memckinstry@triallawfla.com; boconnor@triallawfla.com Attorneys for Pediatrix Medical Group, INC., Pediatrix Medical Group of Florida, INC., Mednax, INC., Jose I. Gierbolini, M.D. and Juan Longhi, M.D. David S. Nelson, Esquire LaCava, Jacobson, & Goodis, P.A. 501 East Kennedy Blvd., Suite 1250 Tampa, FL 33602 DNelson@LJGIegal.com; LNader@LJGlegal.com Co-Counsel for Defendant, Osceola Regional Hospital d/b/a Osceola Regional Medical Center John D. Emmanuel, Esquire Buchanan, Ingersoll, & Rooney, PC 401 East Jackson Street, Suite 2400 Tampa, FL 33602 john.emmanuel@bipc.com Attorneys for Defendants HCA, Inc.., HCA Healthcare Services Of Florida, Inc. And HCA Healthcare Services-Florida, Inc. Paul R Borr, Esq. Tache’ Bronis Christianson & Descalzo, P.A. 150 SE 2nd St., Suite 600 Miami, FL 33131 pborr@tachebronis.com; service@tachebronis.com Co-Counsel for Osceola Regional Hospital d/b/a Osceola Regional Medical SCHEDULE A 1. Your Curriculum Vitae along with those of anyone else at your company who has worked on this case. 2. Your entire file regarding this matter. 3. All correspondence, facsimiles, emails, note, messages, transmittals by and between counsel for Defendant and you or your company. 4. Any and all engagement letter, contract, retainer agreements or other written instructions received or agreed to by you in connection with this case. 5. All writing setting forth your opinion or observation in this case. 6. Each and every document created by you or your company in connection with this matter. 7. The raw data, results, videotapes, photographs or any other documentation related to any testing that you or your company have conducted in connection with this matter. 8. All articles, books, papers, manuals, studies or similar documents both formal and informal, written by you or to which you contributed. 9. Any opinions which were revised or modified. 10. All written reports or material, records, depositions, answers to interrogatories or other documentation relied upon you in formulating your opinions in this case. 11. All documents or material, records, reports, depositions, answer to interrogatories or other documentation reviewed by you but not relied on in formulating your opinion or in the process of review for the formation of your opinion. 12. All documents or material, records, reports, depositions, answer to interrogatories or other documentation reviewed by you but not relied on in formulating your opinion in this case. 13. All photographs, diagrams, surveys, plates or other like materials, or any and all tangible matters or items relied upon reviewed by you or anyone at your company in the formation of your opinion or in the process of review for the formation of your opinion. 14. Any and all written or recorded statements taken from Plaintiff. 15. Each and every article, treatise, book, study, chapter, page, paper, study, law regulation, guideline, suggestion, recommendation, ordinance, table, statistic, statute, rule, chart, graph, summary, census, other document, tangible evidence including electronically stored evidence in tangible form, or other similar source of information considered or reviewed by you or upon which you relied in evaluating, investigating, or formulating your opinion in connection with this matter. 16. Any other information reviewed by your in connection with this case. 17. Your fee schedule. 18. If you intended to opine regarding the reasonableness of medical expenses, a copy of your fee schedule for all similar procedures to which you intend to opine. 19. Any and all invoices, ledgers, bills and other documentation of the time and costs you or your company has expended in connection with this case, including any payments received. 20. All documents or tangible items of whatsoever nature pertaining to the following: a. The scope of your employment in this case and the compensation for such service. b. Your general litigation experience, including the percentage of work performed for plaintiffs and defendants c. The identity of other insurance claims or legal actions in which each of you have rendered opinions or evaluations during the last three years. (You are not requested to identify instances where treatment was provided to a patient.) d. The identity of other cases in which you have testified by deposition or a trial during the last three years. e. An approximation of the portion of your involvement as an expert witness, which may be based on the number of hours, percentage of hours or percentage of earned income derived from serving as an expert witness. 21. The documents requested in 11 above for your entire company 22. Copies of any and all bills, invoices, records, memoranda, checks, check stubs, receipts, 1099’s, tax records or any other form of financial information evidencing payment or compensation paid by Plaintiff, and Plaintiff’s counsel for services provided by you for the last three (3) years. 23. Copies of any and all bills, invoices, records, memoranda, checks, check stubs, receipts, 1099’s, tax records or any other form of financial information evidencing payment or compensation paid by Plaintiff, and Plaintiff’s counsel entire firm for services provided by your company for the last three (3) years. 24. Any and all depositions and trial transcripts taken in any other action where you have testified as a treating or retained expert witness. 25. Each and every Witness List, Notice of Deposition or Other Pleading wherein you were named or retained during the past three years by Plaintiff. 26. A copy of your most recent letterhead 27. Any advertising done by you within the last three calendar years, including but not limited to internet websites and emails.