Motion,Ex Parte: BURG, DEBORAH A vs. WEST FLORIDA PHYSICIANS NETWORK, LLC

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                                Filing # 118276357 E-Filed 12/16/2020 08:03:10 AM



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

        DEBORAH COOPER BURG, by and through                        GENERAL JURISDICTION DIVISION
        her Court-appointed Guardian, RICKY
        BURG; NICOLE BURG, her daughter; and                       CASE NO. 2020-000616 CA
        RICKY BURG, her spouse,

              Plaintiffs,

        Vv.


        WEST FLORIDA PHYSICIAN NETWORK, LLC;
        DILENDRA WEERASINGHE; JOHN RIOUX;
        FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
        FAWCETT MEMORIAL HOSPITAL; ABIGAIL
        UTECH; NANDINI KIRI, M_D., P.A.; NANDINI KIRE,
        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, II,
              Defendants.
                                                /

         ORDER ON PLAINTIFFS’ MOTION TO OVERRULE OBJECTIONS AND MOTION TO
            COMPEL AS TO DEFENDANT FAWCETT MEMORIALHOSPITAL, INC. D/B/A
         FAWCETT MEMORIAL HOSPITAL’S RESPONSES TO PLAINTIFFS’ FIRST REQUEST
                                   FOR PRODUCTION

              THIS    CAUSE   having   come   before   the Court   on December   8, 2020   on   Plaintiffs’

        DEBORAH      COOPER   BURG,    by and through her Court-appointed Guardian, RICKY         BURG;

        NICOLE BURG, her daughter; and RICKY BURG, her spouse, Motion to Overrule Objections and

        Motion to Compel as to Defendant FAWCETT MEMORIAL            HOSPITAL, INC. d/b/a FAWCETT

        MEMORIAL HOSPITAL’S Responses to Plaintiffs’ First Request for Production (under certificate
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 2


of service of October 12, 2020) and the Court having heard argument of counsel and the Court

being fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows:

     1   As to request to produce number |, Defendant will produce the requested material.

    2.   As to request to produce number 2, Defendant will produce the requested material.

         As to request to produce number 4, Defendant will produce any and all professional services

         agreements between Fawcett Memorial Hospital and any of the Co-Defendants, along with

         the agreement with “Nutrition That Works, LLC”           and counsel will cooperate with an

         appropriate confidentiality provision limiting the use of that agreement to counsel at this

         time.

         As to request to produce number 9, Defendant’s objection is overruled.

         As to request to produce number 10, Defendant’s objection is overruled with Defendant’s

         Amendment 7 objection preserved pending further hearing on Amendment 7 material.

         As to request to produce number 11, Defendant’s objection is overruled.

         As to request to produce number 12, Defendant’s objection is overruled.

         As to request to produce number 13, Defendant’s objection is overruled.

         As to request to produce number 14, Plaintiffs’ request for hearing is withdrawn pending a

         physical presence investigation or further motion practice related to that.

     10. As to request to produce number 15, Defendant’s objection is overruled.

     11. As to request to produce number 16, Defendant’s objection is overruled.

     12. As to request to produce number 17, Defendant’s objection is overruled.
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 3


     13. The above production shall be made within twenty (20) days of this order.



         ORDERED AND ADJUDGED




                                                                        esigh              EREY H in 20000616CA,
                                                                        on 12/167    47 OVOP

Electronic Service List
Brett P. Gliosca , 
Douglas B Lumpkin 
Summer E. Harcup, Esquire 
Edward R. Blumberg , ,

Frances Prockop , , 
Jay P Chimpoulis , , 
Jeffrey M Goodis , ,

Ralph L. Marchbank, Esquire , ,

Richard Mangan, Esquire , 
Scott B. Albee, Esquire , ,

Richard Bowers, Esquire 
Edward R. Bluberg, Esquire , ,

Edward R. Blumberg, Esquire , 
Douglas Lumpkin, Esquire , ,

Kelsey Taylor Campbell 
John M. Stewart, Esq. 
Erin Reynolds, Esquire 
Michael John Swan , ,

John M Stewart , 
Ralph L Marchbank , 
Richard Barrett Mangan Jr. , 
Richard Bowers , 
Susanne E Riedhammer ,

Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 4


Victoria N Ferrentino , ,

JEFFREY M GOODIS 
BRETT P GLIOSCA 
SUSANNE E RIEDHAMMER