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Filing # 53270062 E-Filed 03/03/2017 03:01:21 PM
83287-5
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
ASHLEY CALZADA and JUAN L. CIRCUIT CIVIL DIVISION
CALZADA, Individually and on behalf
of JARIEL LUIS CALZADA CASE NO. 2017-CA-000174 MP
OYUELA, a minor,
Plaintiffs,
VS.
OSCEOLA REGIONAL HOSPITAL
d/b/a OSCEOLA REGIONAL
MEDICAL CENTER, ERIC
FRENDAK, CRNA, OSCEOLA
OB'GYN, MICHAEL R DENARDIS,
D.O., OB HOSPITALIST GROUP,
LLC, EZER A. OJEDA, M.D.,
OSCEOLA ANESTHESIA.
ASSOCIATES, Plaintiff, RODNEY
DEL VALLE, M.D., JMJ FAMILY
PRACTICE, INC., JOSE RAMON
FERNANDEZ, M.D., MID-FLORIDA
WOMAN'S CENTER, INC.,
BHUPENDRAKUMAR M. PATEL,
M.D., PEDIATRIX MEDICAL
GROUP, INC., PEDIATRIX
MEDICAL GROUP OF FLORIDA,
INC., MEDNAX, INC., JOSE I.
GIERBOLINI, M.D., JUAN LONGHI,
M.D., HCA, INC., HCA HEALTH
SERVICES OF FLORIDA, INC. and
HCA HEALTHCARE SERVICES-
FLORIDA, INC.,
Defendants.
/
DEFENDANTS, JOSE R. FERNANDEZ, M.D. AND JMJ FAMILY PRACTICE,
INC.’S, REQUEST TO PRODUCE TO PLAINTIFFS
PURSUANT to Rule 1.350, Fla. R. Civ. P., the Plaintiffs, ASHLEY CALZADA
and JUAN L. CALZADA, Individually and on behalf of JARIEL LUIS CALZADA
CASE NO. 2017-CA-000174 MP
OYUELA, a minor (hereafter “Plaintiffs”), are hereby requested to produce to the
Defendants, JOSE R. FERNANDEZ, M.D. and JMJ FAMILY PRACTICE, INC., in the
time required by Rule 1.350, at the offices of the undersigned counsel, the following:
DEFINITIONS
1 “Document” means any written or graphic matter or other means of
preserving though or expression, and all tangible things from which the information can
be processed, transcribed including the originals and all-identical copies, whether
different from the original by reason of any notation made on such copy or otherwise,
including but not limited to correspondence, memoranda, notes, messages, letters,
telegrams, teletypes, telefax, bulletins, minutes or other communications, inter-office and
intra-office telephone calls, diaries, chronological data, minutes, books, reports, charts,
ledgers invoices, worksheets, receipts, computer printouts, prospectuses, financial
statements, schedules, affidavits, contracts, cancelled checks, transcripts, statistics,
surveys, magazine or newspaper articles, releases (in any and all drafts, alterations and
modifications, changes and amendments of any of the foregoing), graphic records or
representations of any kind, including without limitation photographs, charges, graphs,
microfiche, microfilm, videotapes, recordings, motion pictures and electronic,
mechanical or electric recordings or representations of any kind (including without
limitation tapes, cassette, disks and recordings).
2 The term “all documents” means every document or group of documents
as defined above which can be located or discovered by reasonably diligent efforts.
3 The term “you” or “your” means ASHLEY CALZADA, JUAN L.
CALZADA, and JARIEL LUIS CALZADA OYUELA, unless otherwise specified, and
all other persons acting or purporting to act on your behalf.
4 The term “Plaintiffs” means ASHLEY CALZADA, JUAN L. CALZADA,
and JARIEL LUIS CALZADA OYUELA and all other persons acting or purporting to
act on your behalf.
5 The term “Defendants” means Jose Ramon Fernandez, M.D. and JMJ
Family Practice, Inc.
CASE NO. 2017-CA-000174 MP
REQUEST TO PRODUCE
Federal Income Tax Returns and W-2 Forms for the past five years
including individual and joint tax returns for ASHLEY CALZADA and/or
JUAN L. CALZADA.
Federal Income Tax Returns for the past five years filed for any business
or corporation that ASHLEY CALZADA and/or JUAN L. CALZADA has
or had an ownership or financial interest.
A complete copy of the front and back sides of any and all health
insurance cards or any type of insurance benefit card for ASHLEY
CALZADA and/or JUAN L. CALZADA.
A color copy of the front and back of ASHLEY CALZADA and JUAN L.
CALZADA’ driver’s licenses.
A color copy of all pages contained within for ASHLEY CALZADA and
JUAN L. CALZADA’s passports, including the front and back sides of the
cover.
All medical bills, doctor bills, hospital bills, drug bills, nursing bills,
ambulance bills, and bills for similar expenses incurred as a result of and
related to the injuries which are or may be the subject matter of this
lawsuit.
Laser color copies of any and all photographs in the possession of the
Plaintiffs, Plaintiff's attorneys, investigators, agents, servants, or
employees which are in any manner related to the subject matter of this
lawsuit, specifically including but not limited to all photographs of the
parties, or the scene of the subject accident or incident. If none in your
possession, but the item(s) exist, please so state, including the name and
address of the party who maintains possession.
Laser copies of all photographs depicting any change in the physical
appearance of the Plaintiffs that was allegedly caused by the act or acts of
the Defendants.
Any and all videos in the possession of the Plaintiffs, Plaintiff's attorneys,
investigators, agents, servants, or employees which are in any manner
related to the subject matter of this lawsuit, specifically including but not
CASE NO. 2017-CA-000174 MP
limited to all videos, videos or “day in the life” videos of the parties, or the
scene of the subject accident or incident. If none in your possession, but
the item(s) exist, please so state, including the name and address of the
party who maintains possession.
10. All medical reports received by the Plaintiffs, Plaintiffs attorneys,
investigators, agents, servants, or employees, from doctors, physicians or
anyone else who has examined or rendered treatment to the Plaintiff(s), for
injuries incurred as a result of the accident or incident which is the subject
matter of this lawsuit.
11 All medical and hospital records for ASHLEY CALZADA and JARIEL
LUIS CALZADA OYUELA for the past five years.
12. All letters of protection issued to each and every treating physician related
to this matter.
13 All documentary evidence of benefits or payments made to the Plaintiffs
or on Plaintiffs’ behalf pursuant to Florida Statute.
14 All documents reflecting payments made to Plaintiffs or on their behalf, as
a result of the incident and/or damages that are the subject of this case by
the following:
A The United States Social Security Act; any Federal State or Local
Disability Act; any other public programs providing medical
benefits or payment for medical expenses, disability or other
similar benefits.
Any health, sickness or disability income insurance or other similar
insurance benefits.
Any contract or agreements of any group, organization, partnership
or corporation to provide, pay for or reimburse costs of hospital,
medical or other health care services.
Any contractual or voluntary wage continuation plan provided by
any employers or the Plaintiffs or any other system intended to
provide wages during any period of alleged disability of the
Plaintiffs.
CASE NO. 2017-CA-000174 MP
E. Any other collateral source whatsoever providing compensation as
a result of the damages incurred as a result of the incident or
incidents which are the subject of this claim.
15 Any audio recordings that are in any manner related to the subject matter
of this lawsuit.
16. All statements made by this Defendant, its agents or employees, that are in
the possession or control of Plaintiffs or Plaintiffs’ attorneys, servants,
employees or agents regarding the incident complained of or in any way
relating to the issues raised by the Complaint.
17 All reports received from any experts the Plaintiffs intend to call at the
time of trial and copies of all documents the experts have reviewed in
preparation for rendering any opinions in this case.
18, All documents that the experts have reviewed in arriving at their opinions
in this case. (This request only relates to experts Plaintiffs intend to call at
trial to testify.)
19 All other documents in the possession or control of the Plaintiffs that
support the Plaintiffs’ claims that the Defendants are liable for the
damages being claimed in this case.
20 Any and all notices of intent to collect damages from the tort-feasor
directed towards any provider of collateral source payments pursuant to
Florida Statute §768.76(6). Please also include proof that the notice was
sent by certified or registered mail.
21 Any statements from providers of collateral source payments that assert a
right to subrogation or reimbursement pursuant to Florida Statute
§768.76(7).
22 Any correspondence sent to or received by the Plaintiffs from any
Defendant. This request does not include any correspondence with any
attorneys and is strictly limited to any correspondence between the named
parties in this litigation.
23 Social Security Personal Earnings and Benefits Statements of ASHLEY
CALZADA and JUAN L. CALZADA.
CASE NO. 2017-CA-000174 MP
24. Any and all settlement agreements and releases with any individual or
corporation that in any way relate to or arise out of the allegations that are
the subject of this litigation.
WE HEREBY CERTIFY that a copy hereof has been electronically served via
Florida ePortal to: Maria D. Tejedor, Esquire, mail@theorlandolawyers.com; on this 3M
day of March, 2017.
/s/ KurtM. Spengler
Kurt M. Spengler
Florida Bar No. 717665
Bryan A. Yasinsac
Florida Bar No. 118890
WICKER SMITH O'HARA MCCOY & FORD, P.A.
Attorneys for Jose R. Fernandez, M.D. & JMJ
Family Practice, Inc.
390 N. Orange Ave., Suite 1000
Orlando, FL 32801
Phone: (407) 843-3939
Fax: (407) 649-8118
ORLertpleadings@wickersmith.com
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Filing # 53270062 E-Filed 03/03/2017 03:01:21 PM 83287-5 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA ASHLEY CALZADA and JUAN L. CIRCUIT CIVIL DIVISION CALZADA, Individually and on behalf of JARIEL LUIS CALZADA CASE NO. 2017-CA-000174 MP OYUELA, a minor, Plaintiffs, VS. OSCEOLA REGIONAL HOSPITAL d/b/a OSCEOLA REGIONAL MEDICAL CENTER, ERIC FRENDAK, CRNA, OSCEOLA OB'GYN, MICHAEL R DENARDIS, D.O., OB HOSPITALIST GROUP, LLC, EZER A. OJEDA, M.D., OSCEOLA ANESTHESIA. ASSOCIATES, Plaintiff, RODNEY DEL VALLE, M.D., JMJ FAMILY PRACTICE, INC., JOSE RAMON FERNANDEZ, M.D., MID-FLORIDA WOMAN'S CENTER, INC., BHUPENDRAKUMAR M. PATEL, M.D., PEDIATRIX MEDICAL GROUP, INC., PEDIATRIX MEDICAL GROUP OF FLORIDA, INC., MEDNAX, INC., JOSE I. GIERBOLINI, M.D., JUAN LONGHI, M.D., HCA, INC., HCA HEALTH SERVICES OF FLORIDA, INC. and HCA HEALTHCARE SERVICES- FLORIDA, INC., Defendants. / DEFENDANTS, JOSE R. FERNANDEZ, M.D. AND JMJ FAMILY PRACTICE, INC.’S, REQUEST TO PRODUCE TO PLAINTIFFS PURSUANT to Rule 1.350, Fla. R. Civ. P., the Plaintiffs, ASHLEY CALZADA and JUAN L. CALZADA, Individually and on behalf of JARIEL LUIS CALZADA CASE NO. 2017-CA-000174 MP OYUELA, a minor (hereafter “Plaintiffs”), are hereby requested to produce to the Defendants, JOSE R. FERNANDEZ, M.D. and JMJ FAMILY PRACTICE, INC., in the time required by Rule 1.350, at the offices of the undersigned counsel, the following: DEFINITIONS 1 “Document” means any written or graphic matter or other means of preserving though or expression, and all tangible things from which the information can be processed, transcribed including the originals and all-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, including but not limited to correspondence, memoranda, notes, messages, letters, telegrams, teletypes, telefax, bulletins, minutes or other communications, inter-office and intra-office telephone calls, diaries, chronological data, minutes, books, reports, charts, ledgers invoices, worksheets, receipts, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, cancelled checks, transcripts, statistics, surveys, magazine or newspaper articles, releases (in any and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphic records or representations of any kind, including without limitation photographs, charges, graphs, microfiche, microfilm, videotapes, recordings, motion pictures and electronic, mechanical or electric recordings or representations of any kind (including without limitation tapes, cassette, disks and recordings). 2 The term “all documents” means every document or group of documents as defined above which can be located or discovered by reasonably diligent efforts. 3 The term “you” or “your” means ASHLEY CALZADA, JUAN L. CALZADA, and JARIEL LUIS CALZADA OYUELA, unless otherwise specified, and all other persons acting or purporting to act on your behalf. 4 The term “Plaintiffs” means ASHLEY CALZADA, JUAN L. CALZADA, and JARIEL LUIS CALZADA OYUELA and all other persons acting or purporting to act on your behalf. 5 The term “Defendants” means Jose Ramon Fernandez, M.D. and JMJ Family Practice, Inc. CASE NO. 2017-CA-000174 MP REQUEST TO PRODUCE Federal Income Tax Returns and W-2 Forms for the past five years including individual and joint tax returns for ASHLEY CALZADA and/or JUAN L. CALZADA. Federal Income Tax Returns for the past five years filed for any business or corporation that ASHLEY CALZADA and/or JUAN L. CALZADA has or had an ownership or financial interest. A complete copy of the front and back sides of any and all health insurance cards or any type of insurance benefit card for ASHLEY CALZADA and/or JUAN L. CALZADA. A color copy of the front and back of ASHLEY CALZADA and JUAN L. CALZADA’ driver’s licenses. A color copy of all pages contained within for ASHLEY CALZADA and JUAN L. CALZADA’s passports, including the front and back sides of the cover. All medical bills, doctor bills, hospital bills, drug bills, nursing bills, ambulance bills, and bills for similar expenses incurred as a result of and related to the injuries which are or may be the subject matter of this lawsuit. Laser color copies of any and all photographs in the possession of the Plaintiffs, Plaintiff's attorneys, investigators, agents, servants, or employees which are in any manner related to the subject matter of this lawsuit, specifically including but not limited to all photographs of the parties, or the scene of the subject accident or incident. If none in your possession, but the item(s) exist, please so state, including the name and address of the party who maintains possession. Laser copies of all photographs depicting any change in the physical appearance of the Plaintiffs that was allegedly caused by the act or acts of the Defendants. Any and all videos in the possession of the Plaintiffs, Plaintiff's attorneys, investigators, agents, servants, or employees which are in any manner related to the subject matter of this lawsuit, specifically including but not CASE NO. 2017-CA-000174 MP limited to all videos, videos or “day in the life” videos of the parties, or the scene of the subject accident or incident. If none in your possession, but the item(s) exist, please so state, including the name and address of the party who maintains possession. 10. All medical reports received by the Plaintiffs, Plaintiffs attorneys, investigators, agents, servants, or employees, from doctors, physicians or anyone else who has examined or rendered treatment to the Plaintiff(s), for injuries incurred as a result of the accident or incident which is the subject matter of this lawsuit. 11 All medical and hospital records for ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA for the past five years. 12. All letters of protection issued to each and every treating physician related to this matter. 13 All documentary evidence of benefits or payments made to the Plaintiffs or on Plaintiffs’ behalf pursuant to Florida Statute. 14 All documents reflecting payments made to Plaintiffs or on their behalf, as a result of the incident and/or damages that are the subject of this case by the following: A The United States Social Security Act; any Federal State or Local Disability Act; any other public programs providing medical benefits or payment for medical expenses, disability or other similar benefits. Any health, sickness or disability income insurance or other similar insurance benefits. Any contract or agreements of any group, organization, partnership or corporation to provide, pay for or reimburse costs of hospital, medical or other health care services. Any contractual or voluntary wage continuation plan provided by any employers or the Plaintiffs or any other system intended to provide wages during any period of alleged disability of the Plaintiffs. CASE NO. 2017-CA-000174 MP E. Any other collateral source whatsoever providing compensation as a result of the damages incurred as a result of the incident or incidents which are the subject of this claim. 15 Any audio recordings that are in any manner related to the subject matter of this lawsuit. 16. All statements made by this Defendant, its agents or employees, that are in the possession or control of Plaintiffs or Plaintiffs’ attorneys, servants, employees or agents regarding the incident complained of or in any way relating to the issues raised by the Complaint. 17 All reports received from any experts the Plaintiffs intend to call at the time of trial and copies of all documents the experts have reviewed in preparation for rendering any opinions in this case. 18, All documents that the experts have reviewed in arriving at their opinions in this case. (This request only relates to experts Plaintiffs intend to call at trial to testify.) 19 All other documents in the possession or control of the Plaintiffs that support the Plaintiffs’ claims that the Defendants are liable for the damages being claimed in this case. 20 Any and all notices of intent to collect damages from the tort-feasor directed towards any provider of collateral source payments pursuant to Florida Statute §768.76(6). Please also include proof that the notice was sent by certified or registered mail. 21 Any statements from providers of collateral source payments that assert a right to subrogation or reimbursement pursuant to Florida Statute §768.76(7). 22 Any correspondence sent to or received by the Plaintiffs from any Defendant. This request does not include any correspondence with any attorneys and is strictly limited to any correspondence between the named parties in this litigation. 23 Social Security Personal Earnings and Benefits Statements of ASHLEY CALZADA and JUAN L. CALZADA. CASE NO. 2017-CA-000174 MP 24. Any and all settlement agreements and releases with any individual or corporation that in any way relate to or arise out of the allegations that are the subject of this litigation. WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal to: Maria D. Tejedor, Esquire, mail@theorlandolawyers.com; on this 3M day of March, 2017. /s/ KurtM. Spengler Kurt M. Spengler Florida Bar No. 717665 Bryan A. Yasinsac Florida Bar No. 118890 WICKER SMITH O'HARA MCCOY & FORD, P.A. Attorneys for Jose R. Fernandez, M.D. & JMJ Family Practice, Inc. 390 N. Orange Ave., Suite 1000 Orlando, FL 32801 Phone: (407) 843-3939 Fax: (407) 649-8118 ORLertpleadings@wickersmith.com