Document for BURG, DEBORAH A vs. WEST FLORIDA PHYSICIANS NETWORK, LLC

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                                Filing # 112895908 E-Filed 09/04/2020 09:13:10 AM



                    IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
                         IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA

        DEBORAH COOPER BURG, by and through
        her Court-Appointed Guardian, RICKY
        BURG; NICOLE BURG, her daughter; and
        RICKY BURG, her spouse,

                        Plaintiffs,
        VS.


        WEST FLORIDA PHYSICIAN NETWORK,
        LLC; DILENDRA WEERASINGHE; JOHN
        RIOUX; FAWCETT MEMORIAL
        HOSPITAL, INC. d/b/a FAWCETT
                                                                      CASE NO.     20-000616-CA
        MEMORIAL HOSPITAL; ABIGAIL
        UTECH; NANDINI KIRI, M.D., P.A.;
        NANDINI KIRI; HARBOR MEDICAL
        GROUP, LLC; AHSAN KAMAL; SOVI
        JOSEPH, M.D., P.A.; SOVI JOSEPH;
        DOMINGO E. GALLIANO, JR., P.A.;
        DOMINGO GALLIANO, JR.; PUNTA
        GORDA MEDICAL INVESTORS, LLC d/b/a
        LIFE CARE CENTER OF PUNTA GORDA;
        LIFE CARE PHYSICIAN SERVICES, LLC;
        and VANCE MALONEY, III,

                        Defendants.


              DEFENDANT WEST FLORIDA PHYSICIAN NETWORK, LLC MOTION                                 FOR
                         PROTECTIVE ORDER TO STAY DISCOVERY

                COMES     NOW         Defendant WEST   FLORIDA       PHYSICIAN   NETWORK,      LLC, by and

        through its undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.280(c), hereby

        files this Motion for Protective Order to Stay Discovery. As grounds therefore, this Defendant states

        as follows:


                1       This is a medical malpractice action alleging allegations of negligence against

        Defendants for the care and treatment of DEBORAH         COOPER BURG.




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2        On or about July 21, 2020, Plaintiffs filed the Complaint against WEST FLORIDA

PHYSICIAN NETWORK,               LLC, JOHN RIOUX, M.D. and numerous additional co-defendants.

        3        On or about August 11, 2020, Plaintiffs served the Complaint on WEST FLORIDA

PHYSICIAN NETWORK,               LLC along with Plaintiffs’ First Request for Production and Plaintiffs’

First Set of Interrogatories.

        4        On August 31, 2020, WEST         FLORIDA     PHYSICIAN      NETWORK,           LLC   filed a

Motion to Dismiss Counts I — III of Plaintiffs’ Complaint for More Definite Statement and Motion

to Determine Reasonableness of Plaintiffs’ Presuit Investigation.

        5        Pursuant to Florida Rule of Civil Procedure 1.280(c), upon motion by a party from

whom discovery is sought, and for good cause shown, the court in which the action is pending may

make any order to protect a party from undue burden or expense that justice requires, including that

discovery may be had only on specified terms and conditions, including a designation of time.

        6.       There are significant threshold issues in the WEST           FLORIDA       PHYSICIAN

NETWORK,        LLC’s Motion that need to be addressed prior to discovery from WEST FLORIDA

PHYSICIAN NETWORK, LLC’s.

        7.      A   trial court has the authority to stay discovery where there is a pending motion to

dismiss raising meritorious challenges to the legal sufficiency of a plaintiff's complaint.             £.g.,

Chudasma v. Mazda Motor Corp., 123 F.3d 1353, 1366-68 (11th Cir. 1997) (“Facial challenges to

the legal sufficiency of a claim or defense, such as a motion to dismiss based on failure to state a claim

for relief, should . . . be resolved before discovery begins. ... neither the parties nor the court have

any need for discovery before the court rules on the motion.”)

        8        Requiring      WEST    FLORIDA     PHYSICIAN       NETWORK,        LLC    to    respond   to

Plaintiffs’ discovery requests or otherwise participate in discovery, while its Motion is pending would



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cause WEST FLORIDA PHYSICIAN NETWORK,                    LLC undue burden, time, and undue expense.

By contrast, Plaintiffs will not be harmed in any manner whatsoever, if discovery is postponed

until after the Court’s ruling on WEST FLORIDA PHYSICIAN NETWORK, LLC’s Motion.

        WHEREFORE, WEST FLORIDA PHYSICIAN NETWORK, LLC requests that the Court

enter a protective order staying discovery all discovery until the Motion is resolved, and for such other

relief as this Court deems just and proper.

                                   CERTIFICATE OF SERVICE

        I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been

furnished to the following via the Florida e-filing portal on September 4, 2020:


 Edward Blumberg, Esq.                                John M. Stewart, Esq.
 erb@deutchblumberg.com                               jstewart@rosswayswan.com
 Cosme Caballero, Esq.                                Michael J. Swan, Esq.
 ccaballero@deutchblumberg.com                        mswan@rossw: ayswan.com,
 Robert Blumberg, Esq.                                cdelo@rosswayswan.cory
 bblumberg@deutschblumberg.com                        Rossway Swan Tierney Barry & Oliver, P.L
 Rowena Mitchell                                      2101 Indian River Boulevard, Suite 200
 rmitchell@deutschblumberg.com                        Vero Beach, FL    32960
 Hazel Costillo                                       Co-Counsel for Ricky Burg
 heastillo@deutschblumberg.com
 Deutsch Blumberg & Caballero, P.A.
 100 N. Biscayne Blvd., Suite 2802
 Miami, FL 33132
 Counsel for Plaintiffs
 Fran Prockop, Esq.                                   Richard K. Bowers, Jr., Eq.
 fprockop@berplaw.com                                 Service-rbowers@bankerlopez.com
 Lindsey Plyushko                                     Banker Lopez Gassler, P.A.
 Iplyushko@berplaw.com                                501 E. Kennedy Blvd, #1700
 eserve@berplaw.com                                   Tampa, FL 33602
 Bush Graziano Rice & Platter                         Counsel for Defendant Dilendra Weerasinghe
 100 S. Ashley Drive, Suite 1400
 Tampa, FL 33602
 Counsel for Defendant Fawcett Memorial
 Hospital
 Jay P. Chimpoulis, Esq.                              Douglas B. Lumpkin, Esq.
 JCHimpoulis@ChimpoulisHunter.com                     Summer E. Harcup, Esq.
 Chimpoulis & Hunter, P.A.                            Wicker, Smith, O’Hara, McCoy & Ford, P.A.

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150 S. Pine Island Road, Suite 510           1819 Main Street, Suite 910
Plantation, FL   33324                       Sarasota, FL   34236
JCHimpoulis@ChimpoulisHunter.com             Email: SARertpleadings@wickersmith.com
Counsel for Punta Gorda Medical Investors,   diumpkin@wickersmith.com
LLC d/b/a Life Care Center of Punta Gorda,   sharcup@wickersmith.com
Life Care Physician Services, LLC and Vance | jstiohn@wickersmith.com
Maloney                                       Counsel for Harbor Medical Group, LLC and
                                             Ahsan Kamal




                                        /s/ Victoria N. Ferrentino, Esq.
                                        Victoria N. Ferrentino, Esq.
                                        Florida Bar No.: 21167
                                        Bush Graziano Rice & Platter, P.A.
                                         100 S. Ashley Drive, Suite 1400
                                        Tampa, FL 33602
                                        Phone: (813) 228-7000 — Fax: (813) 273-0091
                                        Primary E-mail: eserve@)    law.com,
                                        vferrentino@bgrplaw.com
                                        dhensley@berplaw.com
                                        Attorneys for Defendants West Florida Physician
                                        Network, LLC and John Rioux




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