Preview
Filing # 114391983 E-Filed 10/05/2020 08:11:40 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2011-CA-197-MP
ARMANDO R. PAYAS, Guardian Ad Litem
for KEVIN TERRON , NINOSHKA RIVERA,
individually and on behalf
of KEVIN TERRON,
a minor,
Plaintiffs,
Vv
PEDIATRIX MEDICAL GROUP OF FLORIDA, INC.;
ANGELINA PERA, M.D.,
Defendants.
/
PLAINTIFFS’ AMENDED MOTION TO COMPEL EXPERT DEPOSITION FEE
COMES NOW the Plaintiffs, by and through their undersigned attorney, hereby files this
Amended Motion to Compel Expert Deposition Fee, in support thereof, states the following:
1 This case is known to the Court as a medical malpractice cause of action arising from the
care and treatment of NINOSHKA RIVERA and KEVIN TERRON a minor.
On June 11, 2020 the Defendants, filed a Notice of Taking Deposition Duces Tecum of
Plaintiffs’ Expert, Martin Gubernick, MD,, Notice attached hereto as Exhibit “A.”
Plaintiffs’ Expert, Martin Gubernick, MD, was deposed on June 19, 2020 by Defendants.
Defendants did not render full payment to the Expert Witness at the time of deposition.
Plaintiffs’ Counsel provided sent correspondence to the Defendants with a copy of the
invoice, attached hereto as Exhibit “B.”
On July 17, 2020 the Defendants, filed a Notice of Taking Deposition Duces Tecum of
Plaintiffs’ Expert, Scot Silverstein, MD,, Notice attached hereto as Exhibit “C.”
Plaintiffs’ Expert, Scot Silverstein, MD, was deposed on July 21, 2020 by Defendants.
Defendants did not render full payment to the Expert Witness at the time of deposition.
Plaintiffs’ Counsel sent correspondence to the Defendants with a copy of the invoice,
attached hereto as Exhibit “D.”
10 Plaintiffs’ Counsel provided the same to same to Defendants with a copy of the invoice,
attached hereto as Exhibit “B.”
il On May 8, 2020 the Defendants, filed a Notice of Taking Deposition Duces Tecum of
Plaintiffs’ Expert, Anthony Rodrigues, MD, Notice attached hereto as Exhibit “E.”
12 Plaintiffs’ Expert, Anthony Rodrigues, MD, was deposed on September 15, 2020 by
Defendants.
13 Defendants did not render full payment to the Expert Witness at the time of deposition.
14. Plaintiffs’ Counsel sent correspondence to the Defendants with a copy of the invoice,
attached hereto as Exhibit “F.”
15 Despite repeated attempts to collect, the experts’ invoice has not yet been paid and the
outstanding balance remains.
WHEREFORE, Plaintiffs, respectfully request this Court grant Plaintiffs’ Amended
Motion to Compel Expert Deposition Fee and enter an Order compelling Defendants to render
payment to Plaintiffs’ Experts within ten (10) days of entry of the Court’s Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via service through the e-filing portal to all counsel on the attached counsel list this 28th day of
September, 2020.
_ts/ Maria D. Tejedor
Maria D. Tejedor
FBN: 95834
Diez-Arguelles & Tejedor, P.A.
505 North Mills Avenue
Orlando, Florida 32803
(407) 705-2880
mai! theorlandolawyers.com
Attorneys for Plaintiff
SERVICE LIST
Henry W. Jewett, Esq.
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.
201 East Pine Street, Suite 1500
Orlando, Florida 32801
hw. om; mjnservi ssman,com
Attorneys for Defendant Angeline Pera, M.D. and Pediatrix Medical Group of Florida
Filing # 108700986 E-Filed 06/11/2020 08:07:50 AM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
CASE NO. 201 1-CA-000197-MP
NINOSHKA RIVERA, individually and on
behalfof KEVIN TERRON, a minor,
Plaintiffs,
v
OSCEOLA REGIONAL HOSPITAL, INC.
d/b/a OSCEOLA REGIONAL MEDICAL
CENTER; OB HOSPITALIST GROUP, LLC;
MEDNAX, INC.; PEDIATRIX MEDICAL
GROUP OF FLORIDA, INC.; EZER OJEDA,
M.D.; LANCE MAKI, M.D.; ANGELINA
PERA, M.D.; JACQUE ALTOMARE, RNC;
ANGELA TORRES, RN; CHANTELLE
WILLIAMS, RN; S. COULBORN, ST;
IVONNE DIAZ, RN; JULIE HALL, RNC;
MELISSA BOUT, RN; GLENDA BOWLING,
RN; CONSTANCE SLONE, RT; TANYA
MEDINA, M.D.; J. RAPHA MEDICAL, P.A.
d/b/a OSCEOLA WOMEN AND FAMILY
MEDICINE SPECIALISTS; and PEDIATRIX
MEDICAL GROUP, INC.,
Defendants.
;
SECOND AMENDED NOTICE OF TAKING REMOTE
IDEO CONFERENCE DEPOSITION DUCES TECUM
(AMENDED TO TIME ONLY)
PLEASE TAKE NOTICE that, pursuant to the Florida Rules of Civil Procedure,
Defendants, PEDIATRIC MEDICAL GROUP OF FLORIDA, INC. and ANGELINA PERA,
M.D., will take the remote video conference deposition set forth below:
DEPONENT DATE/TIME LOCATION
Martin Gubernick, M.D. Friday, 6/19/2020 @ 1:00 p.m. Via Zoom
Milestone Reporting Company
Exp
\ {
upon oral examination before Milestone Reporting Company, Official Court Reporter, or a
Notary Public in and for the State of New York at Large, or some other officer duly authorized
by law to take the deposition. This deposition is being taken for the purposes of discovery, for
use at trial, or for such other purposes as are permitted under the Florida Rules of Civil
Procedure.
The witness is to produce the items listed in the attachment.
CERTIFICATE
OF SERVICE
1 HEREBY CERTIFY that on June 11, 2020, | electronically filed the foregoing with the
Clerk of the Court using the Florida E-Portal system, which will automatically furnish a copy hereof
via email to: Maria D. Tejedor, Esquire (mail@theorlandolawyers.com,
leah@theorlandolawyers.com).
és/Henry W. Jewett If
JENNINGS L. HURT If, ESQUIRE
Florida Bar No.: 0238171
Email: jlh.service@rissman.com
HENRY W., JEWETT II, ESQUIRE
Florida Bar No. 0380024
Email: hwj.service@rissman.com
MEGAN J. NELSON, ESQUIRE
Florida Bar No.; 01015368
Email: mjn.service@rissman.com
Rissman, Barrett, Hurt,
Donahue, McLain & Mangan, P.A.
201 East Pine Street, 15th Floor
Orlando, FL 32802-4940
Telephone: (407) 839-0120
Attorneys for Defendants
JLH/HWJ/MIN/ked/5276
cc: Milestone Reporting Company
ATTACHMENT
A professional resume or curriculum vitae summarizing your professional qualifications.
A copy of any texts, periodicals, articles or similar information authored by you in the field
in which you intend to testify as an expert witness. which support opinions you intend to or
may express at trial.
All time records. diaries and bills prepared and rendered in connection with your
investigation and evaluation of the issues involved in this lawsuit.
Your complete file in connection with your investigation and evaluation of the issues
involved in the lawsuit, including, but not limited to:
a. All documents furnished to you by anyone;
b. All documents you reviewed, prepared, referred to or relied upon in arriving at any of
your opinions or conclusions concerning the issues involved in the lawsuit, including
but not limited to, all texts, periodicals, articles, books or similar information;
Any notes, reports, letters, memoranda or written documentation prepared by you
relating to this matter.
Any notes, reports, letters, memoranda or written documentation received by you
relating to this matter;
All models, illustrations, photographs, exhibits or documents of any kind which you
intend or contemplate using to explain, illustrate or support testimony at trial,
A list of all cases in which you testified either at deposition or at trial, or both, during the
period of 1980 to the present, in any jurisdiction, at any time, under any circumstances,
before any court, tribunal or arbitration proceeding.
6. A hard copy of any and all e-mail communication by and among you and counsel for
plaintiff and any of counsel's representatives including secretaries, paralegals and legal
assistants, as well as a hard copy of any e-mail communication between you and any other
health care professional regarding this matter.
A hard copy of any and all e-mail communication by and among you and anyone else
concerning this matter.
aml
ame
DIEZ - ARGUELLES | TEJVEDOR
Carlos R. Diez-Arguelles* 505 N Mills Avenue
Bridget L. Fields Orlando, FL 32803
Marc LoCascio
Anthony M. Maragno Main: (407)705-2880
Maite G. Palazzolo Toll e: (888)888-3773
Maria D. Tejedor * Facsimile: {407)512-5868
*Board Certified Trial Attorneys
veww.theorlandalawyers.com
June 11, 2020
Sent via Electronic Mail
Henry W. Jewett, Esq.
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.
201 East Pine Street, Suite 1500
Orlando, Florida 32801
Skip jeweit@ rissman,com; mjn.service @rissman.com
RE: Kevin Terron
Dear Counselors:
Enclosed please find an invoice for the deposition fee of our expert Martin Gubernick,
MD, for his deposition on June 19, 2020. Please remit payment prior to depo. Attached is Dr.
Gubernick’ s W9.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
/s Maria D. Tejedor
Maria D. Tejedor
MDT/ih/cl
Enclosure:
LG
\
kw
Martin Gubernick, M.D.
121 East 65" Street
New York, NY 10065
(212) 288-1422
May 29, 2020
Ms. Maria Tejedor
Diez-Arguelles| Tejedor
505 N. Mills Avenue
Orlando, FL 32803
Re Kevin Terron
DEPOSITION FEE ON 6-19-2020. $6000.00
PLEASE REMIT PAYMENT $6000.00
Filing # 110386673 E-Filed 07/17/2020 09:43:17 AM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
CASE NO. 2011-CA-000197-MP
NINOSHKA RIVERA, individually and on
behalfof KEVIN TERRON, a minor,
Plaintiffs,
v.
OSCEOLA REGIONAL HOSPITAL, INC.
d/b/a OSCEOLA REGIONAL MEDICAL,
CENTER; OB HOSPITALIST GROUP,
LLC; MEDNAX, INC.; PEDIATRIX
sri
~ MEDICAL GROUP OF FLORIDA, INC.;
EZER OJEDA, M.D.; LANCE MAKI, M.D.;
ANGELINA PERA, M.D.; JACQUE
ALTOMARE, RNC; ANGELA TORRES,
RN; CHANTELLE WILLIAMS, RN; S.
_ COULBORN, ST; IVONNE DIAZ, RN; mown
JULIE HALL, RNC; MELISSA BOUT, RN;
GLENDA BOWLING, RN; CONSTANCE
SLONE, RT; TANYA MEDINA, M.D; J.
RAPHA MEDICAL. P.A. d ‘a OSCEOLA |
WOMEN AND FAMILY MEDICINE”
SPECIALISTS; and PEDIATRIX
MEDICAL GROUP, INC.,
Defendants.
i
AMENDED NOTICE OF TAKING REMOTE VIDEO CON) FERENCE
DEPOSITION DUCES TECUM
TO: Maria Tejedor, Esquire
Diez-Arguelles & Tejedor, P.A.
505 North Mills Avenue
Orlando, FL 32803
PLEASE TAKE NOTICE that, the undersigned attorneys for, Defendants, ANGELINA
PERA, M.D., PEDIATRIC MEDICAL GROUP OF FLORIDA, INC., PEDIATRIX MEDICAL
GROUP, INC., and MEDNAX, INC., will take the remote deposition set forth below:
EC
DEPONENT DATE/TIME LOCATION
Scot Silverstein, M.D. July 21, 2020 Blum-Moore Reporting Services, Inc.
1:00 p.m. 350 S. Main Street, Suite 203
Doylestown, PA, 1890!
All counsel to attend via VTC/Zoom Cloud
or similar platform, meetings Milestone
Reporting
Milestone Reporting will provide "Zoom
link one day prior to the deposition.
At the above time and place, the Defendant will take the remote deposition by oral
examination for purposes of discovery, for use at trial, and for the use as evidence is said cause
or both.
Said remote deposition will be taken before Milestone Reporting, a Notary Public or any
officer authorized to administer oaths by the laws of the State of Florida and_a person who is
neither a relative nor employee nor attorney nor counsel of any of the pasties nor of such attorney
_or counse! and who is not financially interested in the action.
Said deposition is to be taken pursuant to the Florida Rules of Civil Procedure in such
cases-as-provided. The said oral examination will continue from hour to hour and from day to
day until completed.
The witness is to produce the items listed in the attachment.
WHEREAS, Florida Rule of Civil Procedure 1.310(b) permits a deposition to be taken by
videotape.
WHEREAS, The Supreme Court of Florida, in accordance with AOSC20-16 issued on
March 18, 2020, allows a notary or other person qualified to administer an oath in the State of
Florida to swear a witness remotely by audio-video communication technology from a location
within the State of Florida, provided they can positively identify the witness, and if a witness is
not located in the State of Florida, a witness may consent to being put on oath via audio-video
communication technology by a person qualified to administer an oath in the State of Florida.
WHEREAS, AOSC20-16 is hereby incorporated by reference herein and/or is attached to
this Notice.
WHEREAS, due to the present COVID-19 pandemic, as well as various state and federal
emergency declarations and orders, and the need to adhere to social-distanéing requirements and
recommendations.
WHEREFORE, the undersigned Defendant's counsel will follow the protocol described
“herein for thé remote deposition of the above named deponent in this case: _
i All Ethical Rules of Civil Procedure and Rules of Professional Conduct governing
the practice of law remain in place and in full force and effect and shall be abided to at all times.
This includes, but is not limited to, the prohibition on speaking objections and prohibited contact
_with a witness during the course of a deposition.
2. The court reporter, in accordance with Supreme Court of Florida’s AOSC20-16
issued on March 18, 2020, may administer the oath or affirmation to the deponent remotely.
3. The ‘court re ing service will atrange, coordinate, and host the deposition
through a secure and password protected videoconference technology, such as ZOOM or a
functional equivalent; in the case of non-party witnesses it is the responsibility of the lawyers
setting the deposition to ensure that-the witness has available a device compatible with ZOOM.
technology or a similar platform, including required audio, webcam, and a quality WiFi
connection; plaintiff's counsel shall ensure any non-party healthcare providers have available a
device compatible with ZOOM technology or similar platform, including the required audio,
webcam, and a quality WiFi connection. The parties may mutually agree to follow an alternative
procedure.
4 The court reporting service will provide technical information, including the
online link, to the deponent, counsel, and the parties to be able to participate in the remote
deposition.
5 Upon request, the court reporting service will be available to test the
videoconference technology the prior business day or another time before the deposition so that
any technical issues can be identified and resolved in advance of the deposition.
6. The witness shall be instructed that no one shall be physically present in the same
room as the witness during the taking of the deposition except for counsel of record, the parties,
or both, as well as counsel retained by the witness, if acceptable to the witness and following all
regulations to ensure the safety of the witness.
7 The court reporter’s transcript shall serve as the official record of the deponent’s
testimony; provided that should circumstances arise which renders the court reporter’s transcript
unavailable then a new transcript can be created by use of the video recording of the deposition.
8 As the host of the videoconference, the court reporter shall video-record the
deponent while on the record; the court reporter will announce each time he/she has activated the
record function and each time he/she has deactivated the record function, however any party may
~~at their d tion arrange for an indépendent Videographerto record the deposition in additionto
the recording function of the ZOOM or similar platform, The party hiring the videographer is
responsible for the costs of doing so and must make copies of the video recording available to all
counsel at their expense.
9. The video-recording of the deposition created by the court reporter using the
videoconference technology shall be deemed the equivalent of a video-recording made by a
videographer, and shall be available for use in trial as though prepared by a videographer.
10. As the host of the videoconference, and with agreement of counsel, the court
reporter may disable the video technology’s “chat” function (or similar private communication
function), however, the “chat” function may be used to facilitate the sharing of documents during
the deposition. In no event shall the “chat” fiction be used for any counsel to communicate
directly with the witness.
— MW. All cellphones shall
= be placed in the silent mode. All parties and_counsel will mien
"disable notifie ations on their devices to avoid disruption of the audio and vidéo stream during the
deposition.
--12. The deponent and all counsel or parties appearing_on the record at the remote
deposition shall state their appearances clearly for the record, and they shall not disable their
cameras during the deposition unless there is a break or unless they are necessarily appearing by
telephone.
13. Counsel shall confer and agree in regard to the utilization of the camera and
whether it shall be focused only on the witness or on some combination of the witness and the
lawyer asking the questions or other lawyers participating through the use of a shared screen.
14, All documents or other exhibits, except those to be used for impeachment, shall
be shared with ali counsel no later than (3) days prior to the deposition and said documents shall
be bate-stamped, marked as exhibits, or both. As to non-party witnesses served with a subpoena
duces tecum, counsel or their designee for all parties are permitted to confer with the witness for
the exclusive purpose of securing any and all documents or other relevant evidence responsive to
the subpoena duces tecum. This shall take place no later than 5 days prior to the scheduled
deposition. No later than one business day prior to the deposition all documents shall be
provided to the court reporting agency. Those documents or other exhibits used for
impeachment must be shared with all participants when introduced on the record via the share
screen, or similar feature on the ZOOM or similar platform and attached as an exhibit to the
deposition.
15. In the unlikely event that a witness cannot access the ZOOM or similar platform
or if the connection is lost, the deposition may proceed via ZOOM and the witness participate
telephonically,
16. If there are any objections to this notice, they must be filed within 5 days of
receipt of the notice and simultaneously set the objections for hearing on the next available date
on the judge’s motion calendar or at the time so designated by the court.
CERTIFICATE OF SERVICE
T HEREBY CERTIFY that on July 17, 2020, t electronically filed the foregoing with the
~——Clerk of the Court using the Florida E-Portal system, which-will automatically furnish a copy hereof
via email to: Maria D. Tejedor, Esquire (mail@theorlandolawyers.com,
leah@theorlandolawyers.com).
pete
/s/Henry W. Jewett IL
JENNINGS L. HURT If, ESQUIRE
Florida Bar No.: 0238171
Email: service@rissman. RE
HENRYW. JEWETT1,
Florida Bar No. 0380024
Email: hwj.service@rissman.com
MEGAN J. NELSON, ESQUIRE
Florida Bar No.: 01015368
Email: mjn.service@rissman.com
Rissman, Barrett, Hurt,
Donahue, McLain & Mangan, P.A.
201 East Pine Street, 15th Floor
Orlando, FL 32802-4940
Telephone: (407) 839-0120
Attorneys for Defendants, MEDNAX, INC.;
PEDIATRIX MEDICAL GROUP OF FLORIDA,
INC.; and ANGELINA PERA, M.D.
HWJ/JLH/MIN/ked/
ce: Milestone Reporting/5412
ATTACHMENT
A professional resume or curriculum vitae summarizing your professional qualifications.
A copy of any texts, periodicals, articles or similar information authored by you in the field
in which you intend to testify as an expert witness, which support opinions you intend to or
may express at trial.
All time records, aries and bills prepared and rendered in connection with your
investigation
and evaluation ofthe issues involvedin this lawsuit.
Your complete file in connection with your investigation and evaluation of the issues
involved in the lawsuit, including, but not limited to:
a. All documents furnished to you by anyone; a
b All documents you reviewed, prepared, referred to or relied upon in arriving at any
of your opinions or conclusions concerning the issues involved in the lawsuit,
including but not limited to, all texts, periodicals, articles, books or similar
information;
Any notes, reports, letters, memoranda or written documentation prepared by you
relating to this matter.
¢. Any notes, reports, letters, memoranda or written documentation received by you
relating to this matter;
All models, illustrations, photographs, exhibits or documents of any kind which you
intend or contemplate using to explain, illustrate or support testimony at trial.
A list of all cases in which you testified either at deposition or at trial, or both, during the
period of 1980 to the present, in any jurisdiction, at any time, under any circumstances,
before any court, tribunal or arbitration proceeding.
A hard copy of any and all e-mail communication by and among you and counsel for
plaintiff and any of counsel's representatives including secretaries, paralegals and legal
assistants, as well as a hard copy of any e-mail communication between you and any other
health care professional regarding this matter.
A hard copy of any and all e-mail communication by and among you and anyone else
concerning this matter.
aml
mur wl
DIEZ -ARGUELLES | TEJEDOR
Carlos R. Diez-Arguelles* 505 N Mills Avenue
Bridget L. Fields Orlando, FL 32803
Anthony M. Maragno
Maite G, Palazzoto Main: {407)70S-2880
Maria D. Tejedor * Toll Free: (888)888-3773
Facsimile: (407)512-5868
*Board Certified Trial Attorneys wane, the om
July 20, 2020
Sent via Electronic Mail:
Henry W. Jewett, Esq.
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.
201 East Pine Street, Suite 1500
Orlando, Florida 32801
hob servi mviceu? risyman.com
Attomeys fc Angeline Pera, M.D. and Pediatrix Medical Group ofFlorida
RE Kevin Terron
Dear Mr. Jewett:
Enclosed please find an invoice for the deposition fee of our expert Dr. Scot Silverstein,
for his deposition on July 21, 2020. Attached also, is Dr. Silverstein’ s W9.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
/s Maria D. Tejedor
Maria D. Tejedor
MDT/ lh/el
Enclosures:
vf
Wh
te
Scot M. Silverstein, MD
2615 Wister Court
Lansdale, PA 19446
July 17; 2020
JENNINGS L. HURT lil, ESQUIRE
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.
201 East Pine Street, 15th Floor
Orlando, FL 32802-4940
Dear Mr. Hurt,
This is my invoice for deposition to occur 7/21/2020 in the Terron matter.
$2250 non-refundable retainer, covering 3 hrs. of deposition ($750/hour).
Please send a check for $2250 to me at the address above.
H deposition exceeds 3 hours, { will send 2 supplem: ona ry ce.
mee =< os ~
Sincerely,
ety # Sb Ger
Scot SilversteIn, MD
Filing # 107232316 E-Filed 05/08/2020 11:13:47 AM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
CASE NO. 2011-CA-000197-MP
NINOSHKA RIVERA, individually and on
behalf
of KEVIN TERRON, a minor,
Plaintiffs,
V.
OSCEOLA REGIONAL HOSPITAL, INC.
d/b/a OSCEOLA REGIONAL MEDICAL
CENTER; OB HOSPITALIST GROUP, LLC;
MEDNAX, INC.; PEDIATRIX MEDICAL
GROUP OF FLORIDA, INC.; EZER OJEDA,
M.D.; LANCE MAKI, M.D.; ANGELINA
PERA, M.D.; JACQUE ALTOMARE, RNC;
ANGELA TORRES, RN; CHANTELLE
WILLIAMS, RN; S. COULBORN, ST;
IVONNE DIAZ, RN; JULIE HALL, RNC;
MELISSA BOUT, RN; GLENDA BOWLING,
RN; CONSTANCE SLONE, RT; TANYA
MEDINA, M.D.; J. RAPHA MEDICAL, P.A.
d/b/a OSCEOLA WOMEN AND FAMILY
MEDICINE SPECIALISTS; and PEDIATRIX
MEDICAL GROUP, INC.,
Defendants.
/
NOTICE OF TAKING DEPOSITIONS DUCES TECUM
PLEASE TAKE NOTICE that, pursuant to the Florida Rules of Civil Procedure,
Defendants, PEDIATRIC MEDICAL GROUP OF FLORIDA, INC. and ANGELINA PERA,
M.D., will take the deposition set forth below:
DEPONENT. DATE/TIME LOCATION
Anthony Rodrigues, M.D. Tuesday, 9/15/20; 4:30 pm TBD — Court Reporter’s Office
Boston, MA 02111
EXHIBIT
upon oral examination before an Official Court Reporter, or a Notary Public in and for the State
of Maryland at Large, or some other officer duly authorized by law to take the deposition. This
deposition is being taken for the purposes of discovery, for use at trial, or for such other purposes
as are permitted under the Florida Rules of Civil Procedure.
The witness is to produce the items listed in the attachment.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on May 8, 2020, I electronically filed the foregoing with the
Clerk of the Court using the Florida E-Portal system, which will automatically furnish a copy hereof
via email to: Maria D. Tejedor, Esquire (mail@theorlandolawyers.com,
leah@theorlandolawyers.com).
/s/Henry W. Jewett [1
JENNINGS L. HURT III, ESQUIRE
Florida Bar No.: 0238171
Email: jlh.service@rissman.com
HENRY W. JEWETT Il, ESQUIRE
Florida Bar No. 0380024
Email: hwj.service@rissman.com
MEGAN J. NELSON, ESQUIRE
Florida Bar No.: 01015368
Email: mjn.service@rissman.com
Rissman, Barrett, Hurt,
Donahue, McLain & Mangan, P.A.
201 East Pine Street, 5th Floor
Orlando, FL 32802-4940
Telephone: (407) 839-0120
Attorneys for Defendants
JLH/HWJ/MIN/ked/5 124
CHMENT
A professional resume or curriculum vitae summarizing your professional qualifications.
A copy of any texts, periodicals, articles or similar information authored by you in the field
in which you intend to testify as an expert witness, which support opinions you intend to or
may express at trial.
All time records, diaries and bills prepared and rendered in connection with your
investigation and evaluation of the issues involved in this lawsuit.
Your complete file in connection with your investigation and evaluation of the issues
involved in the lawsuit, including, but not limited to:
a. All documents furnished to you by anyone;
b. All documents you reviewed, prepared, referred to or relied upon in arriving at any of
your opinions or conclusions concerning the issues involved in the lawsuit, including
but not limited to, all texts, periodicals, articles, books or similar information;
Any notes, reports, letters, memoranda or written documentation prepared by you
relating to this matter.
Any notes, reports, letters, memoranda or written documentation received by you
relating to this matter;
All models, illustrations, photographs, exhibits or documents of any kind which you
intend or contemplate using to explain, illustrate or support testimony at trial,
A list of all cases in which you testified either at deposition or at trial, or both, during the
period of 1980 to the present, in any jurisdiction, at any time, under any circumstances,
before any court, tribunal or arbitration proceeding.
A hard copy of any and all e-mail communication by and among you and counsel for
plaintiff and any of counsel's representatives including secretaries, paralegals and legal
assistants, as well as a hard copy of any e-mail communication between you and any other
health care professional regarding this matter.
A hard copy of any and all e-mail communication by and among you and anyone else
concerning this matter.
=e
aa
aS
DIEZ -ARGUELLES | TEJE DOR
Carlos R. Diez-Arguelles* 505 N Mills Avenue
Bridget L. Fields Orlando, FL 32803
Anthony M. Maragno
Maite G. Palazzolo Main: (407)705-2880
Maria D. Tejedor * Toll Free: (888)888-3773
Facsimile: (407)512-5868
*Board Certified Trial Attorneys www. theorlandolay
Golay m
September 15, 2020
Sent via Electronic Mail
Henry W. Jewett, Esq.
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.
201 East Pine Street, Suite 1500
Orlando, Florida 32801
hwi.service @rissman.com; min.servicea nissnian.com
Attorneys for Defendant Angeline Pera, M.D. and Pediatrix Medical Group of Florida
RE: Kevin Terron
Dear Mr. Jewett:
Enclosed please find an invoice for the deposition fee of our expert Anthony Rodrigues,
MD for his deposition on September 15, 2020. Please remit by September 24, 2020, attached
also, is Dr. Rodrigues’ s W9.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
/s Maria D. Tejedor
Maria D. Tejedor
MDT/ lh/cl
EXHIBIT
FF
*|INVOICE*
Pediatric Neurology Consulting Date 9/14/20
Anthony C Rodrigues MD PHD Invoice # KT-9-2020
Professor of Child Neurology
105 Stanford Drive
Westwood, Ma 02090
Bill to:
Rissman, Barrett, Hurt, Donahue, McClain and Mangan
201 East Pine st 15" Floor
Orinado Fi 32802
Case No:
Case No. 2011-CA-197-MP Ninoshka Rivera, individually and on behalf of Kevin
Terron vs. Pediatrix Medical Group, et al.
"Os pasenption “Hours = "ATnount :
Deposition over Zoom, September 15th 2020. 3 hrs $1800}
Comments _ |Subtotal $ 1800}
Fes schedule: (Additional Fees
(Medical record review, report preparation, deposition - 600/hour'
[Total Due $1800}
Preview
Filing # 114391983 E-Filed 10/05/2020 08:11:40 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2011-CA-197-MP ARMANDO R. PAYAS, Guardian Ad Litem for KEVIN TERRON , NINOSHKA RIVERA, individually and on behalf of KEVIN TERRON, a minor, Plaintiffs, Vv PEDIATRIX MEDICAL GROUP OF FLORIDA, INC.; ANGELINA PERA, M.D., Defendants. / PLAINTIFFS’ AMENDED MOTION TO COMPEL EXPERT DEPOSITION FEE COMES NOW the Plaintiffs, by and through their undersigned attorney, hereby files this Amended Motion to Compel Expert Deposition Fee, in support thereof, states the following: 1 This case is known to the Court as a medical malpractice cause of action arising from the care and treatment of NINOSHKA RIVERA and KEVIN TERRON a minor. On June 11, 2020 the Defendants, filed a Notice of Taking Deposition Duces Tecum of Plaintiffs’ Expert, Martin Gubernick, MD,, Notice attached hereto as Exhibit “A.” Plaintiffs’ Expert, Martin Gubernick, MD, was deposed on June 19, 2020 by Defendants. Defendants did not render full payment to the Expert Witness at the time of deposition. Plaintiffs’ Counsel provided sent correspondence to the Defendants with a copy of the invoice, attached hereto as Exhibit “B.” On July 17, 2020 the Defendants, filed a Notice of Taking Deposition Duces Tecum of Plaintiffs’ Expert, Scot Silverstein, MD,, Notice attached hereto as Exhibit “C.” Plaintiffs’ Expert, Scot Silverstein, MD, was deposed on July 21, 2020 by Defendants. Defendants did not render full payment to the Expert Witness at the time of deposition. Plaintiffs’ Counsel sent correspondence to the Defendants with a copy of the invoice, attached hereto as Exhibit “D.” 10 Plaintiffs’ Counsel provided the same to same to Defendants with a copy of the invoice, attached hereto as Exhibit “B.” il On May 8, 2020 the Defendants, filed a Notice of Taking Deposition Duces Tecum of Plaintiffs’ Expert, Anthony Rodrigues, MD, Notice attached hereto as Exhibit “E.” 12 Plaintiffs’ Expert, Anthony Rodrigues, MD, was deposed on September 15, 2020 by Defendants. 13 Defendants did not render full payment to the Expert Witness at the time of deposition. 14. Plaintiffs’ Counsel sent correspondence to the Defendants with a copy of the invoice, attached hereto as Exhibit “F.” 15 Despite repeated attempts to collect, the experts’ invoice has not yet been paid and the outstanding balance remains. WHEREFORE, Plaintiffs, respectfully request this Court grant Plaintiffs’ Amended Motion to Compel Expert Deposition Fee and enter an Order compelling Defendants to render payment to Plaintiffs’ Experts within ten (10) days of entry of the Court’s Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via service through the e-filing portal to all counsel on the attached counsel list this 28th day of September, 2020. _ts/ Maria D. Tejedor Maria D. Tejedor FBN: 95834 Diez-Arguelles & Tejedor, P.A. 505 North Mills Avenue Orlando, Florida 32803 (407) 705-2880 mai! theorlandolawyers.com Attorneys for Plaintiff SERVICE LIST Henry W. Jewett, Esq. Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. 201 East Pine Street, Suite 1500 Orlando, Florida 32801 hw. om; mjnservi ssman,com Attorneys for Defendant Angeline Pera, M.D. and Pediatrix Medical Group of Florida Filing # 108700986 E-Filed 06/11/2020 08:07:50 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO. 201 1-CA-000197-MP NINOSHKA RIVERA, individually and on behalfof KEVIN TERRON, a minor, Plaintiffs, v OSCEOLA REGIONAL HOSPITAL, INC. d/b/a OSCEOLA REGIONAL MEDICAL CENTER; OB HOSPITALIST GROUP, LLC; MEDNAX, INC.; PEDIATRIX MEDICAL GROUP OF FLORIDA, INC.; EZER OJEDA, M.D.; LANCE MAKI, M.D.; ANGELINA PERA, M.D.; JACQUE ALTOMARE, RNC; ANGELA TORRES, RN; CHANTELLE WILLIAMS, RN; S. COULBORN, ST; IVONNE DIAZ, RN; JULIE HALL, RNC; MELISSA BOUT, RN; GLENDA BOWLING, RN; CONSTANCE SLONE, RT; TANYA MEDINA, M.D.; J. RAPHA MEDICAL, P.A. d/b/a OSCEOLA WOMEN AND FAMILY MEDICINE SPECIALISTS; and PEDIATRIX MEDICAL GROUP, INC., Defendants. ; SECOND AMENDED NOTICE OF TAKING REMOTE IDEO CONFERENCE DEPOSITION DUCES TECUM (AMENDED TO TIME ONLY) PLEASE TAKE NOTICE that, pursuant to the Florida Rules of Civil Procedure, Defendants, PEDIATRIC MEDICAL GROUP OF FLORIDA, INC. and ANGELINA PERA, M.D., will take the remote video conference deposition set forth below: DEPONENT DATE/TIME LOCATION Martin Gubernick, M.D. Friday, 6/19/2020 @ 1:00 p.m. Via Zoom Milestone Reporting Company Exp \ { upon oral examination before Milestone Reporting Company, Official Court Reporter, or a Notary Public in and for the State of New York at Large, or some other officer duly authorized by law to take the deposition. This deposition is being taken for the purposes of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. The witness is to produce the items listed in the attachment. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that on June 11, 2020, | electronically filed the foregoing with the Clerk of the Court using the Florida E-Portal system, which will automatically furnish a copy hereof via email to: Maria D. Tejedor, Esquire (mail@theorlandolawyers.com, leah@theorlandolawyers.com). és/Henry W. Jewett If JENNINGS L. HURT If, ESQUIRE Florida Bar No.: 0238171 Email: jlh.service@rissman.com HENRY W., JEWETT II, ESQUIRE Florida Bar No. 0380024 Email: hwj.service@rissman.com MEGAN J. NELSON, ESQUIRE Florida Bar No.; 01015368 Email: mjn.service@rissman.com Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. 201 East Pine Street, 15th Floor Orlando, FL 32802-4940 Telephone: (407) 839-0120 Attorneys for Defendants JLH/HWJ/MIN/ked/5276 cc: Milestone Reporting Company ATTACHMENT A professional resume or curriculum vitae summarizing your professional qualifications. A copy of any texts, periodicals, articles or similar information authored by you in the field in which you intend to testify as an expert witness. which support opinions you intend to or may express at trial. All time records. diaries and bills prepared and rendered in connection with your investigation and evaluation of the issues involved in this lawsuit. Your complete file in connection with your investigation and evaluation of the issues involved in the lawsuit, including, but not limited to: a. All documents furnished to you by anyone; b. All documents you reviewed, prepared, referred to or relied upon in arriving at any of your opinions or conclusions concerning the issues involved in the lawsuit, including but not limited to, all texts, periodicals, articles, books or similar information; Any notes, reports, letters, memoranda or written documentation prepared by you relating to this matter. Any notes, reports, letters, memoranda or written documentation received by you relating to this matter; All models, illustrations, photographs, exhibits or documents of any kind which you intend or contemplate using to explain, illustrate or support testimony at trial, A list of all cases in which you testified either at deposition or at trial, or both, during the period of 1980 to the present, in any jurisdiction, at any time, under any circumstances, before any court, tribunal or arbitration proceeding. 6. A hard copy of any and all e-mail communication by and among you and counsel for plaintiff and any of counsel's representatives including secretaries, paralegals and legal assistants, as well as a hard copy of any e-mail communication between you and any other health care professional regarding this matter. A hard copy of any and all e-mail communication by and among you and anyone else concerning this matter. aml ame DIEZ - ARGUELLES | TEJVEDOR Carlos R. Diez-Arguelles* 505 N Mills Avenue Bridget L. Fields Orlando, FL 32803 Marc LoCascio Anthony M. Maragno Main: (407)705-2880 Maite G. Palazzolo Toll e: (888)888-3773 Maria D. Tejedor * Facsimile: {407)512-5868 *Board Certified Trial Attorneys veww.theorlandalawyers.com June 11, 2020 Sent via Electronic Mail Henry W. Jewett, Esq. Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. 201 East Pine Street, Suite 1500 Orlando, Florida 32801 Skip jeweit@ rissman,com; mjn.service @rissman.com RE: Kevin Terron Dear Counselors: Enclosed please find an invoice for the deposition fee of our expert Martin Gubernick, MD, for his deposition on June 19, 2020. Please remit payment prior to depo. Attached is Dr. Gubernick’ s W9. Should you have any questions, please do not hesitate to contact me. Sincerely, /s Maria D. Tejedor Maria D. Tejedor MDT/ih/cl Enclosure: LG \ kw Martin Gubernick, M.D. 121 East 65" Street New York, NY 10065 (212) 288-1422 May 29, 2020 Ms. Maria Tejedor Diez-Arguelles| Tejedor 505 N. Mills Avenue Orlando, FL 32803 Re Kevin Terron DEPOSITION FEE ON 6-19-2020. $6000.00 PLEASE REMIT PAYMENT $6000.00 Filing # 110386673 E-Filed 07/17/2020 09:43:17 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO. 2011-CA-000197-MP NINOSHKA RIVERA, individually and on behalfof KEVIN TERRON, a minor, Plaintiffs, v. OSCEOLA REGIONAL HOSPITAL, INC. d/b/a OSCEOLA REGIONAL MEDICAL, CENTER; OB HOSPITALIST GROUP, LLC; MEDNAX, INC.; PEDIATRIX sri ~ MEDICAL GROUP OF FLORIDA, INC.; EZER OJEDA, M.D.; LANCE MAKI, M.D.; ANGELINA PERA, M.D.; JACQUE ALTOMARE, RNC; ANGELA TORRES, RN; CHANTELLE WILLIAMS, RN; S. _ COULBORN, ST; IVONNE DIAZ, RN; mown JULIE HALL, RNC; MELISSA BOUT, RN; GLENDA BOWLING, RN; CONSTANCE SLONE, RT; TANYA MEDINA, M.D; J. RAPHA MEDICAL. P.A. d ‘a OSCEOLA | WOMEN AND FAMILY MEDICINE” SPECIALISTS; and PEDIATRIX MEDICAL GROUP, INC., Defendants. i AMENDED NOTICE OF TAKING REMOTE VIDEO CON) FERENCE DEPOSITION DUCES TECUM TO: Maria Tejedor, Esquire Diez-Arguelles & Tejedor, P.A. 505 North Mills Avenue Orlando, FL 32803 PLEASE TAKE NOTICE that, the undersigned attorneys for, Defendants, ANGELINA PERA, M.D., PEDIATRIC MEDICAL GROUP OF FLORIDA, INC., PEDIATRIX MEDICAL GROUP, INC., and MEDNAX, INC., will take the remote deposition set forth below: EC DEPONENT DATE/TIME LOCATION Scot Silverstein, M.D. July 21, 2020 Blum-Moore Reporting Services, Inc. 1:00 p.m. 350 S. Main Street, Suite 203 Doylestown, PA, 1890! All counsel to attend via VTC/Zoom Cloud or similar platform, meetings Milestone Reporting Milestone Reporting will provide "Zoom link one day prior to the deposition. At the above time and place, the Defendant will take the remote deposition by oral examination for purposes of discovery, for use at trial, and for the use as evidence is said cause or both. Said remote deposition will be taken before Milestone Reporting, a Notary Public or any officer authorized to administer oaths by the laws of the State of Florida and_a person who is neither a relative nor employee nor attorney nor counsel of any of the pasties nor of such attorney _or counse! and who is not financially interested in the action. Said deposition is to be taken pursuant to the Florida Rules of Civil Procedure in such cases-as-provided. The said oral examination will continue from hour to hour and from day to day until completed. The witness is to produce the items listed in the attachment. WHEREAS, Florida Rule of Civil Procedure 1.310(b) permits a deposition to be taken by videotape. WHEREAS, The Supreme Court of Florida, in accordance with AOSC20-16 issued on March 18, 2020, allows a notary or other person qualified to administer an oath in the State of Florida to swear a witness remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the witness, and if a witness is not located in the State of Florida, a witness may consent to being put on oath via audio-video communication technology by a person qualified to administer an oath in the State of Florida. WHEREAS, AOSC20-16 is hereby incorporated by reference herein and/or is attached to this Notice. WHEREAS, due to the present COVID-19 pandemic, as well as various state and federal emergency declarations and orders, and the need to adhere to social-distanéing requirements and recommendations. WHEREFORE, the undersigned Defendant's counsel will follow the protocol described “herein for thé remote deposition of the above named deponent in this case: _ i All Ethical Rules of Civil Procedure and Rules of Professional Conduct governing the practice of law remain in place and in full force and effect and shall be abided to at all times. This includes, but is not limited to, the prohibition on speaking objections and prohibited contact _with a witness during the course of a deposition. 2. The court reporter, in accordance with Supreme Court of Florida’s AOSC20-16 issued on March 18, 2020, may administer the oath or affirmation to the deponent remotely. 3. The ‘court re ing service will atrange, coordinate, and host the deposition through a secure and password protected videoconference technology, such as ZOOM or a functional equivalent; in the case of non-party witnesses it is the responsibility of the lawyers setting the deposition to ensure that-the witness has available a device compatible with ZOOM. technology or a similar platform, including required audio, webcam, and a quality WiFi connection; plaintiff's counsel shall ensure any non-party healthcare providers have available a device compatible with ZOOM technology or similar platform, including the required audio, webcam, and a quality WiFi connection. The parties may mutually agree to follow an alternative procedure. 4 The court reporting service will provide technical information, including the online link, to the deponent, counsel, and the parties to be able to participate in the remote deposition. 5 Upon request, the court reporting service will be available to test the videoconference technology the prior business day or another time before the deposition so that any technical issues can be identified and resolved in advance of the deposition. 6. The witness shall be instructed that no one shall be physically present in the same room as the witness during the taking of the deposition except for counsel of record, the parties, or both, as well as counsel retained by the witness, if acceptable to the witness and following all regulations to ensure the safety of the witness. 7 The court reporter’s transcript shall serve as the official record of the deponent’s testimony; provided that should circumstances arise which renders the court reporter’s transcript unavailable then a new transcript can be created by use of the video recording of the deposition. 8 As the host of the videoconference, the court reporter shall video-record the deponent while on the record; the court reporter will announce each time he/she has activated the record function and each time he/she has deactivated the record function, however any party may ~~at their d tion arrange for an indépendent Videographerto record the deposition in additionto the recording function of the ZOOM or similar platform, The party hiring the videographer is responsible for the costs of doing so and must make copies of the video recording available to all counsel at their expense. 9. The video-recording of the deposition created by the court reporter using the videoconference technology shall be deemed the equivalent of a video-recording made by a videographer, and shall be available for use in trial as though prepared by a videographer. 10. As the host of the videoconference, and with agreement of counsel, the court reporter may disable the video technology’s “chat” function (or similar private communication function), however, the “chat” function may be used to facilitate the sharing of documents during the deposition. In no event shall the “chat” fiction be used for any counsel to communicate directly with the witness. — MW. All cellphones shall = be placed in the silent mode. All parties and_counsel will mien "disable notifie ations on their devices to avoid disruption of the audio and vidéo stream during the deposition. --12. The deponent and all counsel or parties appearing_on the record at the remote deposition shall state their appearances clearly for the record, and they shall not disable their cameras during the deposition unless there is a break or unless they are necessarily appearing by telephone. 13. Counsel shall confer and agree in regard to the utilization of the camera and whether it shall be focused only on the witness or on some combination of the witness and the lawyer asking the questions or other lawyers participating through the use of a shared screen. 14, All documents or other exhibits, except those to be used for impeachment, shall be shared with ali counsel no later than (3) days prior to the deposition and said documents shall be bate-stamped, marked as exhibits, or both. As to non-party witnesses served with a subpoena duces tecum, counsel or their designee for all parties are permitted to confer with the witness for the exclusive purpose of securing any and all documents or other relevant evidence responsive to the subpoena duces tecum. This shall take place no later than 5 days prior to the scheduled deposition. No later than one business day prior to the deposition all documents shall be provided to the court reporting agency. Those documents or other exhibits used for impeachment must be shared with all participants when introduced on the record via the share screen, or similar feature on the ZOOM or similar platform and attached as an exhibit to the deposition. 15. In the unlikely event that a witness cannot access the ZOOM or similar platform or if the connection is lost, the deposition may proceed via ZOOM and the witness participate telephonically, 16. If there are any objections to this notice, they must be filed within 5 days of receipt of the notice and simultaneously set the objections for hearing on the next available date on the judge’s motion calendar or at the time so designated by the court. CERTIFICATE OF SERVICE T HEREBY CERTIFY that on July 17, 2020, t electronically filed the foregoing with the ~——Clerk of the Court using the Florida E-Portal system, which-will automatically furnish a copy hereof via email to: Maria D. Tejedor, Esquire (mail@theorlandolawyers.com, leah@theorlandolawyers.com). pete /s/Henry W. Jewett IL JENNINGS L. HURT If, ESQUIRE Florida Bar No.: 0238171 Email: service@rissman. RE HENRYW. JEWETT1, Florida Bar No. 0380024 Email: hwj.service@rissman.com MEGAN J. NELSON, ESQUIRE Florida Bar No.: 01015368 Email: mjn.service@rissman.com Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. 201 East Pine Street, 15th Floor Orlando, FL 32802-4940 Telephone: (407) 839-0120 Attorneys for Defendants, MEDNAX, INC.; PEDIATRIX MEDICAL GROUP OF FLORIDA, INC.; and ANGELINA PERA, M.D. HWJ/JLH/MIN/ked/ ce: Milestone Reporting/5412 ATTACHMENT A professional resume or curriculum vitae summarizing your professional qualifications. A copy of any texts, periodicals, articles or similar information authored by you in the field in which you intend to testify as an expert witness, which support opinions you intend to or may express at trial. All time records, aries and bills prepared and rendered in connection with your investigation and evaluation ofthe issues involvedin this lawsuit. Your complete file in connection with your investigation and evaluation of the issues involved in the lawsuit, including, but not limited to: a. All documents furnished to you by anyone; a b All documents you reviewed, prepared, referred to or relied upon in arriving at any of your opinions or conclusions concerning the issues involved in the lawsuit, including but not limited to, all texts, periodicals, articles, books or similar information; Any notes, reports, letters, memoranda or written documentation prepared by you relating to this matter. ¢. Any notes, reports, letters, memoranda or written documentation received by you relating to this matter; All models, illustrations, photographs, exhibits or documents of any kind which you intend or contemplate using to explain, illustrate or support testimony at trial. A list of all cases in which you testified either at deposition or at trial, or both, during the period of 1980 to the present, in any jurisdiction, at any time, under any circumstances, before any court, tribunal or arbitration proceeding. A hard copy of any and all e-mail communication by and among you and counsel for plaintiff and any of counsel's representatives including secretaries, paralegals and legal assistants, as well as a hard copy of any e-mail communication between you and any other health care professional regarding this matter. A hard copy of any and all e-mail communication by and among you and anyone else concerning this matter. aml mur wl DIEZ -ARGUELLES | TEJEDOR Carlos R. Diez-Arguelles* 505 N Mills Avenue Bridget L. Fields Orlando, FL 32803 Anthony M. Maragno Maite G, Palazzoto Main: {407)70S-2880 Maria D. Tejedor * Toll Free: (888)888-3773 Facsimile: (407)512-5868 *Board Certified Trial Attorneys wane, the om July 20, 2020 Sent via Electronic Mail: Henry W. Jewett, Esq. Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. 201 East Pine Street, Suite 1500 Orlando, Florida 32801 hob servi mviceu? risyman.com Attomeys fc Angeline Pera, M.D. and Pediatrix Medical Group ofFlorida RE Kevin Terron Dear Mr. Jewett: Enclosed please find an invoice for the deposition fee of our expert Dr. Scot Silverstein, for his deposition on July 21, 2020. Attached also, is Dr. Silverstein’ s W9. Should you have any questions, please do not hesitate to contact me. Sincerely, /s Maria D. Tejedor Maria D. Tejedor MDT/ lh/el Enclosures: vf Wh te Scot M. Silverstein, MD 2615 Wister Court Lansdale, PA 19446 July 17; 2020 JENNINGS L. HURT lil, ESQUIRE Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. 201 East Pine Street, 15th Floor Orlando, FL 32802-4940 Dear Mr. Hurt, This is my invoice for deposition to occur 7/21/2020 in the Terron matter. $2250 non-refundable retainer, covering 3 hrs. of deposition ($750/hour). Please send a check for $2250 to me at the address above. H deposition exceeds 3 hours, { will send 2 supplem: ona ry ce. mee =< os ~ Sincerely, ety # Sb Ger Scot SilversteIn, MD Filing # 107232316 E-Filed 05/08/2020 11:13:47 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO. 2011-CA-000197-MP NINOSHKA RIVERA, individually and on behalf of KEVIN TERRON, a minor, Plaintiffs, V. OSCEOLA REGIONAL HOSPITAL, INC. d/b/a OSCEOLA REGIONAL MEDICAL CENTER; OB HOSPITALIST GROUP, LLC; MEDNAX, INC.; PEDIATRIX MEDICAL GROUP OF FLORIDA, INC.; EZER OJEDA, M.D.; LANCE MAKI, M.D.; ANGELINA PERA, M.D.; JACQUE ALTOMARE, RNC; ANGELA TORRES, RN; CHANTELLE WILLIAMS, RN; S. COULBORN, ST; IVONNE DIAZ, RN; JULIE HALL, RNC; MELISSA BOUT, RN; GLENDA BOWLING, RN; CONSTANCE SLONE, RT; TANYA MEDINA, M.D.; J. RAPHA MEDICAL, P.A. d/b/a OSCEOLA WOMEN AND FAMILY MEDICINE SPECIALISTS; and PEDIATRIX MEDICAL GROUP, INC., Defendants. / NOTICE OF TAKING DEPOSITIONS DUCES TECUM PLEASE TAKE NOTICE that, pursuant to the Florida Rules of Civil Procedure, Defendants, PEDIATRIC MEDICAL GROUP OF FLORIDA, INC. and ANGELINA PERA, M.D., will take the deposition set forth below: DEPONENT. DATE/TIME LOCATION Anthony Rodrigues, M.D. Tuesday, 9/15/20; 4:30 pm TBD — Court Reporter’s Office Boston, MA 02111 EXHIBIT upon oral examination before an Official Court Reporter, or a Notary Public in and for the State of Maryland at Large, or some other officer duly authorized by law to take the deposition. This deposition is being taken for the purposes of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. The witness is to produce the items listed in the attachment. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on May 8, 2020, I electronically filed the foregoing with the Clerk of the Court using the Florida E-Portal system, which will automatically furnish a copy hereof via email to: Maria D. Tejedor, Esquire (mail@theorlandolawyers.com, leah@theorlandolawyers.com). /s/Henry W. Jewett [1 JENNINGS L. HURT III, ESQUIRE Florida Bar No.: 0238171 Email: jlh.service@rissman.com HENRY W. JEWETT Il, ESQUIRE Florida Bar No. 0380024 Email: hwj.service@rissman.com MEGAN J. NELSON, ESQUIRE Florida Bar No.: 01015368 Email: mjn.service@rissman.com Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. 201 East Pine Street, 5th Floor Orlando, FL 32802-4940 Telephone: (407) 839-0120 Attorneys for Defendants JLH/HWJ/MIN/ked/5 124 CHMENT A professional resume or curriculum vitae summarizing your professional qualifications. A copy of any texts, periodicals, articles or similar information authored by you in the field in which you intend to testify as an expert witness, which support opinions you intend to or may express at trial. All time records, diaries and bills prepared and rendered in connection with your investigation and evaluation of the issues involved in this lawsuit. Your complete file in connection with your investigation and evaluation of the issues involved in the lawsuit, including, but not limited to: a. All documents furnished to you by anyone; b. All documents you reviewed, prepared, referred to or relied upon in arriving at any of your opinions or conclusions concerning the issues involved in the lawsuit, including but not limited to, all texts, periodicals, articles, books or similar information; Any notes, reports, letters, memoranda or written documentation prepared by you relating to this matter. Any notes, reports, letters, memoranda or written documentation received by you relating to this matter; All models, illustrations, photographs, exhibits or documents of any kind which you intend or contemplate using to explain, illustrate or support testimony at trial, A list of all cases in which you testified either at deposition or at trial, or both, during the period of 1980 to the present, in any jurisdiction, at any time, under any circumstances, before any court, tribunal or arbitration proceeding. A hard copy of any and all e-mail communication by and among you and counsel for plaintiff and any of counsel's representatives including secretaries, paralegals and legal assistants, as well as a hard copy of any e-mail communication between you and any other health care professional regarding this matter. A hard copy of any and all e-mail communication by and among you and anyone else concerning this matter. =e aa aS DIEZ -ARGUELLES | TEJE DOR Carlos R. Diez-Arguelles* 505 N Mills Avenue Bridget L. Fields Orlando, FL 32803 Anthony M. Maragno Maite G. Palazzolo Main: (407)705-2880 Maria D. Tejedor * Toll Free: (888)888-3773 Facsimile: (407)512-5868 *Board Certified Trial Attorneys www. theorlandolay Golay m September 15, 2020 Sent via Electronic Mail Henry W. Jewett, Esq. Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. 201 East Pine Street, Suite 1500 Orlando, Florida 32801 hwi.service @rissman.com; min.servicea nissnian.com Attorneys for Defendant Angeline Pera, M.D. and Pediatrix Medical Group of Florida RE: Kevin Terron Dear Mr. Jewett: Enclosed please find an invoice for the deposition fee of our expert Anthony Rodrigues, MD for his deposition on September 15, 2020. Please remit by September 24, 2020, attached also, is Dr. Rodrigues’ s W9. Should you have any questions, please do not hesitate to contact me. Sincerely, /s Maria D. Tejedor Maria D. Tejedor MDT/ lh/cl EXHIBIT FF *|INVOICE* Pediatric Neurology Consulting Date 9/14/20 Anthony C Rodrigues MD PHD Invoice # KT-9-2020 Professor of Child Neurology 105 Stanford Drive Westwood, Ma 02090 Bill to: Rissman, Barrett, Hurt, Donahue, McClain and Mangan 201 East Pine st 15" Floor Orinado Fi 32802 Case No: Case No. 2011-CA-197-MP Ninoshka Rivera, individually and on behalf of Kevin Terron vs. Pediatrix Medical Group, et al. "Os pasenption “Hours = "ATnount : Deposition over Zoom, September 15th 2020. 3 hrs $1800} Comments _ |Subtotal $ 1800} Fes schedule: (Additional Fees (Medical record review, report preparation, deposition - 600/hour' [Total Due $1800}