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LAW OFFICES
Cutmo & CuLmo
TEL (305) 856-4004
A PROFESSIONAL ASSOCIATION FAX (305) 654-6445
E-MAIL Culme@aol.com
2400 SOUTH DIXIE HIGHWAY
SUITE 100 S
MIAMI, FLORIDA 33133 me
“Ty
ro
November 2, 2000
iba
VIA FAX: 941-505-4760
The Honorable Sherra Winesett
Judge of the Circuit Court BIVED
Charlotte County Courthouse, 4" Floor
350 East Marion Avenue
Punta Gorda, Florida 33950 CR Wb
Atin: Debbie, Judicial Assistant
Re: Simon v. Asperilla, M.D., Et Al, Case No.: 00-12
0 CA; hearing
date for Motion to Compel Deposition Dates
Dear Judge Winesett:
Enclosed please find a Motion to Compel Deposition Dates
of several Defend ants in this
action which arises from a need to prevent unreasonable delay in
the scheduling of these depositions
and to prepare the case in accordance with the Court’s special
setting of this trial for September,
2001. As reflected in the motion, an expedited hearing on this matter
is respectfully requested in
light of the representation of defense counsel that these Defend
ants cannot be made available for
deposition until January of next year, a delay which would hinder
al Il of the parties’ ability to
maintain a realistic discovery schedule before September.
Should we be unable to obtain a hearing and/or tuling on this matter
within the next week
or so, it will only increase the difficulty of scheudling the deposi
tions ina timely manner. For that
reason, we would appreciate any accommodation you could make us
by addressing this issue at the
earliest available timeslot.
Of course, our Certificate of Good Faith is embodied in the
motion. Should the court
schedule a hearing, we shall make ourselves available for same telepho
nically or in person.
Respectfully,
Ay A)
ce: All counsel of record
F.\CASES\SIMON\CORRESPUudge-005 w Elisabeth M. Culmo
Charlotte County Clerk
id: 14
1209304 Date : 11/22/00 - 08:32:48
Case#: 00000120CA Pages: 0005
a
(a i
IN THE CIRCUIT COURT OF THE.20™
JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO: 00-120 CA
SALLY SIMON, as Personal Representative
of the Estate of MICHAEL SIMON,
Plaintiff,
vs.
MARK ASPERILLA, M.D., MARK ASPERILLA, M.D.,
P.A., a Florida Corporation, DALE GREENBERG, M.D.,
RONALD CONSTINE, M.D., LEVY, BAKER, CONSTINE
& GREENBERG, M.D., P.A., a Florida Corporation,
SAMUEL ESTEPA, M.D., PRIMARY CARE PHYSICIANS,
INC., a Florida Corporation, NASIR KHALIDI, M.D., NASIR
KHALIDI & SAKINA KHALIDI, M.D., P.A., a Florida Corporation,
and CONRAD EPPING KOERPER, M.D., COLEMAN &
CASTELLON, M.D., P.A., a/k/a CHARLOTTE RADIOLOGY
GROUP, and BON SECOURS-ST. JOSEPH HOSPITAL, a
Florida Corporation,
Defendants. ,
PLAINTIFF'S MOTION TO COMPEL
COMES NOW, the Plaintiff, SALLY SIMON, as Personal Representative of the
Estate of MICHAEL SIMON, by and through the undersigned counsel and
moves this
honorable court to compel deposition dates of the Defendants, KHALIDI, M.D., KOERPE
R,
M.D. and CASTELLON, M.D. and as grounds therefore would state:
1
On October 26, 2000, the court held a Case Management Conference
at
which time the Court indicated that this case would be specially set for trial
in September, 2001. The Court chose this date, in part, due to the various
Defendants’ concerns over having sufficient time to prepare their cases for
trial and to complete necessary discovery.
Following the case management conference, the undersigned requested
CULMO & CULMO, P.A., 2400 SOUTH DIXIE HIGHWAY, SUITE 100, MIAMI, FL 33133 - (208)
56-4004
deposition dates for Defendants, Dr. Khalidi, Dr. Koerper and Dr. Castellon,
during the month of November, 2000 or in early December, 2000. Counsel
for each of these Defendants indicated that they are unavailable during these
times and would not be available until sometime in January, 2001.
Plaintiffs believe that the Defendants are imposing an unreasonable delay
by putting off these depositions for over two months. Such a delay would
hinder all parties’ attempts to timely prepare the case for trial and to timely
conduct other discovery, such as expert witness depositions, which are
dependant upon the depositions of these parties. Thwarting the orderly
process of discovery and engaging in unreasonable delay tactics are not
tolerated under the Florida Rules governing discovery. See, e.g. HZJ, Inc.
_Wysocki, 511 So.2d 1088, (Fla. 3rd DCA 1987).
4. The Plaintiffs would request that these Defendants be compelled to make
themselves available for deposition in a reasonable time frame.
The undersigned has contacted each of these Defendants’ attorneys both
telephonically and in writing on numerous occasions to request deposition
dates in November or December, 2000. Thus far, Plaintiff's efforts to get
these depositions scheduled in a timely manner have been unsuccessful,
thereby necessitating judicial assistance.
WHEREFORE, Plaintiffs would respectfully move for an order compelling Dr.’s
Khalidi, Koerper and Castellon to be made available for deposition within a reasonable
time period.
CERTIFICATE OF GOOD FAITH
Movant counsel! certifies that a bona fide effort to agree or to narrow the issues on
the motions(s) noticed has been made with opposing counsel or that, because of time
2
CULMO & CULMO, P.A., 2400 SOUTH DIXIE HIGHWAY, SUITE 100, MIAMI, FL 33133 + (308) 856-4008
considerations, such effort has not yet been made, but will
be made prior to the scheduled
hearing.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the
foregoing was served via
U.S. Mail to ALL COUNSEL OF RECORD (See attached
Service List) on i cay of
November, 2000.
CULMO & CULMO, P.A.
Co-counsel for Piaintiff
2400 South Dixie Highway
Suite 100
Miami, Florida 33133
Phone: 305/856-4004
Fax: 305/854-5445
Thomas A. Culmo, Esquire
Fla. Bar #775479
FACASES\SIMON\PLEADING\mcompel.depos
SULMO & CULMG, P.A., 2400 SOUTH DIXIE HIGHWAY, SUITE
100, MIAMI, FL 33133 + (305) e56-4004
SALLY SIMON, as Personal Representative of the Estate of Michael Simon, Deceased
CERTIFICATE OF SERVICE
Lynn H. Groseclose, Esq. RAYMOND A. REISER, ESQ.
Attorney for Asperilla Attorney for Conrad Koerper
100 Wallace Avenue Reiser & Allison
Suite 240 1 SE 3% Avenue, Suite 1860
Sarasota, Florida 34237 Miami, Florida 33131-1704
Phone: 941-365-0540 Phone: 305-379-5316
Fax: 941-366-5060 Fax: 305-379-6917
Craig Stevens, Esq. 7. BENITO DIAZ, ESQUIRE
Attorney for Constine, Greenberg & Levy ‘ Attorney for Samuel! Estepa
George, Hartz, Lundeen & Fulmer Diaz & Morel-Saruski
2000 Main Street, Suite 402 2912 Douglas Road
Ft. Myers, Florida 33901 Coral Gables, FL 33134
Fax: 941-337-4303 Phone: 305-529-9910 Ext. 12
Fax: 305-529-9913
John Hamilton, Esq.
Attorney for Dr. Khalidi CLIFFORD L. SOMERS, ESQ.
100 North Tampa Street Attorneys for Coleman & Castellon
Suite 3650 Barr, Murman & Tonelli, P.A.
Tampa, Florida 33602 201 East Kennedy Blvd., #1750
Phone: 813-222-3939 Tampa, FL 33602
Fax: 813-222-3938 Telephone : 813-223-3951
Fax: 813-229-2254 or
DENNIS KOLTUN, ESQUIRE Fax: 813-209-0214
Co-counsel for Sally Simon
7101 S. W. 102" Avenue THOMAS A. CULMO, ESQ.
Miami, FL 33173 Culmo & Culmo, P.A.
Phone: 305-595-6791 Co-Counsel for Sally Simon
Fax: 305-595-5400 2400 South Dixie Highway
Suite 100
KELLY JO SCHMEDT, ESQ. Miami, Florida 33133
Attorneys for Bon Secours-St. Joseph Phone: 305-856-4004
Hahn, Morgan & Lamb Fax: 305-854-5445
2701 N. Rocky Point Dr., #410
Tampa, Florida 33607
Phone: 813-281-9700
Fax; 813-287-2900
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LAW OFFICES Cutmo & CuLmo TEL (305) 856-4004 A PROFESSIONAL ASSOCIATION FAX (305) 654-6445 E-MAIL Culme@aol.com 2400 SOUTH DIXIE HIGHWAY SUITE 100 S MIAMI, FLORIDA 33133 me “Ty ro November 2, 2000 iba VIA FAX: 941-505-4760 The Honorable Sherra Winesett Judge of the Circuit Court BIVED Charlotte County Courthouse, 4" Floor 350 East Marion Avenue Punta Gorda, Florida 33950 CR Wb Atin: Debbie, Judicial Assistant Re: Simon v. Asperilla, M.D., Et Al, Case No.: 00-12 0 CA; hearing date for Motion to Compel Deposition Dates Dear Judge Winesett: Enclosed please find a Motion to Compel Deposition Dates of several Defend ants in this action which arises from a need to prevent unreasonable delay in the scheduling of these depositions and to prepare the case in accordance with the Court’s special setting of this trial for September, 2001. As reflected in the motion, an expedited hearing on this matter is respectfully requested in light of the representation of defense counsel that these Defend ants cannot be made available for deposition until January of next year, a delay which would hinder al Il of the parties’ ability to maintain a realistic discovery schedule before September. Should we be unable to obtain a hearing and/or tuling on this matter within the next week or so, it will only increase the difficulty of scheudling the deposi tions ina timely manner. For that reason, we would appreciate any accommodation you could make us by addressing this issue at the earliest available timeslot. Of course, our Certificate of Good Faith is embodied in the motion. Should the court schedule a hearing, we shall make ourselves available for same telepho nically or in person. Respectfully, Ay A) ce: All counsel of record F.\CASES\SIMON\CORRESPUudge-005 w Elisabeth M. Culmo Charlotte County Clerk id: 14 1209304 Date : 11/22/00 - 08:32:48 Case#: 00000120CA Pages: 0005 a (a i IN THE CIRCUIT COURT OF THE.20™ JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: 00-120 CA SALLY SIMON, as Personal Representative of the Estate of MICHAEL SIMON, Plaintiff, vs. MARK ASPERILLA, M.D., MARK ASPERILLA, M.D., P.A., a Florida Corporation, DALE GREENBERG, M.D., RONALD CONSTINE, M.D., LEVY, BAKER, CONSTINE & GREENBERG, M.D., P.A., a Florida Corporation, SAMUEL ESTEPA, M.D., PRIMARY CARE PHYSICIANS, INC., a Florida Corporation, NASIR KHALIDI, M.D., NASIR KHALIDI & SAKINA KHALIDI, M.D., P.A., a Florida Corporation, and CONRAD EPPING KOERPER, M.D., COLEMAN & CASTELLON, M.D., P.A., a/k/a CHARLOTTE RADIOLOGY GROUP, and BON SECOURS-ST. JOSEPH HOSPITAL, a Florida Corporation, Defendants. , PLAINTIFF'S MOTION TO COMPEL COMES NOW, the Plaintiff, SALLY SIMON, as Personal Representative of the Estate of MICHAEL SIMON, by and through the undersigned counsel and moves this honorable court to compel deposition dates of the Defendants, KHALIDI, M.D., KOERPE R, M.D. and CASTELLON, M.D. and as grounds therefore would state: 1 On October 26, 2000, the court held a Case Management Conference at which time the Court indicated that this case would be specially set for trial in September, 2001. The Court chose this date, in part, due to the various Defendants’ concerns over having sufficient time to prepare their cases for trial and to complete necessary discovery. Following the case management conference, the undersigned requested CULMO & CULMO, P.A., 2400 SOUTH DIXIE HIGHWAY, SUITE 100, MIAMI, FL 33133 - (208) 56-4004 deposition dates for Defendants, Dr. Khalidi, Dr. Koerper and Dr. Castellon, during the month of November, 2000 or in early December, 2000. Counsel for each of these Defendants indicated that they are unavailable during these times and would not be available until sometime in January, 2001. Plaintiffs believe that the Defendants are imposing an unreasonable delay by putting off these depositions for over two months. Such a delay would hinder all parties’ attempts to timely prepare the case for trial and to timely conduct other discovery, such as expert witness depositions, which are dependant upon the depositions of these parties. Thwarting the orderly process of discovery and engaging in unreasonable delay tactics are not tolerated under the Florida Rules governing discovery. See, e.g. HZJ, Inc. _Wysocki, 511 So.2d 1088, (Fla. 3rd DCA 1987). 4. The Plaintiffs would request that these Defendants be compelled to make themselves available for deposition in a reasonable time frame. The undersigned has contacted each of these Defendants’ attorneys both telephonically and in writing on numerous occasions to request deposition dates in November or December, 2000. Thus far, Plaintiff's efforts to get these depositions scheduled in a timely manner have been unsuccessful, thereby necessitating judicial assistance. WHEREFORE, Plaintiffs would respectfully move for an order compelling Dr.’s Khalidi, Koerper and Castellon to be made available for deposition within a reasonable time period. CERTIFICATE OF GOOD FAITH Movant counsel! certifies that a bona fide effort to agree or to narrow the issues on the motions(s) noticed has been made with opposing counsel or that, because of time 2 CULMO & CULMO, P.A., 2400 SOUTH DIXIE HIGHWAY, SUITE 100, MIAMI, FL 33133 + (308) 856-4008 considerations, such effort has not yet been made, but will be made prior to the scheduled hearing. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. Mail to ALL COUNSEL OF RECORD (See attached Service List) on i cay of November, 2000. CULMO & CULMO, P.A. Co-counsel for Piaintiff 2400 South Dixie Highway Suite 100 Miami, Florida 33133 Phone: 305/856-4004 Fax: 305/854-5445 Thomas A. Culmo, Esquire Fla. Bar #775479 FACASES\SIMON\PLEADING\mcompel.depos SULMO & CULMG, P.A., 2400 SOUTH DIXIE HIGHWAY, SUITE 100, MIAMI, FL 33133 + (305) e56-4004 SALLY SIMON, as Personal Representative of the Estate of Michael Simon, Deceased CERTIFICATE OF SERVICE Lynn H. Groseclose, Esq. RAYMOND A. REISER, ESQ. Attorney for Asperilla Attorney for Conrad Koerper 100 Wallace Avenue Reiser & Allison Suite 240 1 SE 3% Avenue, Suite 1860 Sarasota, Florida 34237 Miami, Florida 33131-1704 Phone: 941-365-0540 Phone: 305-379-5316 Fax: 941-366-5060 Fax: 305-379-6917 Craig Stevens, Esq. 7. BENITO DIAZ, ESQUIRE Attorney for Constine, Greenberg & Levy ‘ Attorney for Samuel! Estepa George, Hartz, Lundeen & Fulmer Diaz & Morel-Saruski 2000 Main Street, Suite 402 2912 Douglas Road Ft. Myers, Florida 33901 Coral Gables, FL 33134 Fax: 941-337-4303 Phone: 305-529-9910 Ext. 12 Fax: 305-529-9913 John Hamilton, Esq. Attorney for Dr. Khalidi CLIFFORD L. SOMERS, ESQ. 100 North Tampa Street Attorneys for Coleman & Castellon Suite 3650 Barr, Murman & Tonelli, P.A. Tampa, Florida 33602 201 East Kennedy Blvd., #1750 Phone: 813-222-3939 Tampa, FL 33602 Fax: 813-222-3938 Telephone : 813-223-3951 Fax: 813-229-2254 or DENNIS KOLTUN, ESQUIRE Fax: 813-209-0214 Co-counsel for Sally Simon 7101 S. W. 102" Avenue THOMAS A. CULMO, ESQ. Miami, FL 33173 Culmo & Culmo, P.A. Phone: 305-595-6791 Co-Counsel for Sally Simon Fax: 305-595-5400 2400 South Dixie Highway Suite 100 KELLY JO SCHMEDT, ESQ. Miami, Florida 33133 Attorneys for Bon Secours-St. Joseph Phone: 305-856-4004 Hahn, Morgan & Lamb Fax: 305-854-5445 2701 N. Rocky Point Dr., #410 Tampa, Florida 33607 Phone: 813-281-9700 Fax; 813-287-2900