On July 08, 101 a
Clerk Notice
was filed
involving a dispute between
Burg, Deborah A,
Burg, Nicole,
Burg, Rick,
and
Bruner, Susan,
Criss, Cathy,
Domingo E. Galliano, Jr., P.A.,
Fawcett Memorial Hospital, Inc.,
Galliano, Domingo J,
Harbor Medical Group, Llc,
Joseph, Sovi,
Kamal, Ahsan,
Kiri, Nandini,
Life Care Physician Services, Llc,
Maloney, Vance 3,
Millennium Physician Group, Llc,
Nandini Kiri, M.D., P.A.,
Punta Gorda Medical Investors, Llc,
Rioux, John,
Rodriguez-Martin, Arturo,
Rodriguez-Martin, M.D., P.L., Arturo,
Sovi Joseph, M.D., P.A.,
Utech, Abigail,
Weerasinghe, Dilendra,
West Florida Physicians Network, Llc,
for Medical Malpractice
in the District Court of Charlotte County.
Preview
Filing # 117805638 E-Filed 12/08/2020 08:53:26 AM
IN LHE CIKCULL COURIL UF LHE PWENTHIELH JUDICIAL UIKUCUIL IN AND FORK
CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION
DEBORAH A BURG, RICK BURG, NICOLE BURG,
Plaintiff(s),
vs Case Number: 20000616CA
Case Type: Medical Malpractice
WEST FLORIDA PHYSICIANS NETWORK, LLC, et al,
Defendant(s),
/
NOTICE OF HEARING on CASE MANAGEMENT CONFERENCE
and ORDER OF REFERRAL TO THE GENERAL MAGISTRATE
THIS CAUSE was filed on or after June 1, 2012 and is subject to the Standing Order For Civil Cases in
Charlotte County. As such, an Agreed Case Management Plan! was required to be submitted to the Court on
or before 150 days from the date of filing the initial complaint. Upon review of the Court record, an Agreed
Case Management Plan has not been submitted to nor approved by the Court.
THEREFORE, on the Court’s own motion and pursuant to the Standing Order, a mandatory Case
Management Conference is hereby scheduled in the above cited case, Counsel of Record and Pro Se
Litigants (if any) must personally appear before the Honorable Magistrate Robert F. Koch on Wednesday,
January 20, 2021 at 1:30 pm by VIDEO via Zoom or TELEPHONE and be prepared to address why the
required Case Management Plan has not been timely submitted. If the parties cannot agree on a Case
Management Plan, a Recommended Plan for Disposition may be recommended by the Magistrate at the
hearing.
Attormeys and Self-Represented parties shall appear at this hearing by video via Zoom or telephone by one
of the following way:
A. Website (Preferred Method with video): Go to www.zoom.us, click on “Join A Meeting”,
and enter Meeting ID: 889-295-1312
B. Calling 1 (786) 635-1003 and when prompted, enter Meeting ID: 889-295-1312
Alternative to attending Case Management Conference. The hearing may be cancelled if an Agreed Case
Management Plan is sent electronically to civilemcharlotte@ca.cjis20.org at least 7 days prior to the date of
hearing or a Voluntary Dismissal or Final Judgment has been executed and filed. If the court does not approve
of the plan, the conference will not be cancelled. Refer to the last page of this order on how to email the
proposed case management plan and order.
Failure to appear at the hearing may result in sanctions including, but not limited to, striking of
pleadings, entry of a default against a disobedient party, dismissal of a disobedient party’s action and monetary
fine(s).
NO LOCAL COUNSEL unless approved by the Court before the hearing date.
No other Motions will be heard.
Upon filing of any civil case, Plaintiff is to attach a copy of the Standing Order with the initial
omplaint for service on all parties.
The General Magistrate is authorized to administer oaths and conduct hearings, as may be deemed
necessary, which may include the taking of evidence. As soon as practicable, the General Magistrate shall
file a Report and Recommendation, that contains findings of fact, conclusions of law, and the recommendation
as to a ruling by the Court, and shall submit, as may be appropriate, a Recommended Order of General
Magistrate.
If required by the General Magistrate, the attorneys shall prepare a Recommended Order of General
Magistrate. Failure to submit said Recommended Order of General Magistrate in a timely manner may result
In sanctions being imposed by the Circuit Court Judge.
Review of the Report and Recommendation made by the General Magistrate shall be by exceptions filed
within 10 days after it is served, as provided in Rule 1.490(i), Florida Rules of Civil Procedure. Any party
may file cross-exceptions within 5 days from the service of the exceptions. If no exceptions are timely filed,
the Court shall take appropriate action on the report. If exceptions are timely filed, the Court shall resolve the
exceptions at a hearing on reasonable notice.
Any party filing exceptions will be required to provide the Court with a record sufficient to support the
exceptions, or the exceptions may be denied. A record sufficient to support exceptions may require a written
transcript of the relevant proceedings. The record shall include the court file, designated portions of the
transcript of proceedings before the General Magistrate, and all depositions and evidence presented to the
General Magistrate. The designated transcript portions must be delivered to the Court and all other parties at
least 48 hours before the hearing. If the party filing exceptions has less than a full transcript of the proceeding
2 of 2
Download the Case Management Plan at: htip://www.ca.cjis20.org/home/charlotte/charjudgedwald
asp . For procedure clarification, contact the Civil Case
Manager at Email: scodrington@ca.cjis20.orgor by Phone: (941) 833-3060.
before the General Magistrate prepared, that party must promptly file a notice designating the portions of the
transcript that will be transcribed, and the other parties must be given reasonable time after service of the
notice to arrange for the preparation and designation of other portions of the transcript for the Court to consider
at the hearing.
Though civil proceedings before a Judge are not electronically recorded by the Court, parties are advised
that civil proceedings before a Magistrate ONLY will be electronically recorded by the Court, or alternatively,
any party may elect to provide a live Court Reporter at that party’s own expense. If a live Court Reporter is
provided by a party, requests for transcripts must be submitted to that Court Reporter. If no live Court
Reporter is provided by a party, a party may request an electronic certified copy of the proceeding on CD, at
that party’s expense, and may then have the recording transcribed, at that party’s expense. Providing the
Court with a copy of the CD, instead of a certified written transcript, is insufficient for review by the Court
of exceptions. Media request forms, procedures, and fees, and a list of approved Transcriptionists are
available on the Court’s website, www.ca.cjis20.org, or by calling the Court’s Electronic Court Reporting
Department at 239-533-8207.
DONE AND ORDERED in Chambers, at Punta Gorda, Charlotte County, Florida on this 12/8/2020.
HO GEOFF iT G EN] DGE
Electronic Service: Brett P. Gliosca ,
Douglas B Lumpkin
Summer E. Harcup, Esquire
Edward R. Blumberg , ,
Frances Prockop , ,
Jay P Chimpoulis , ,
Jeffrey M Goodis , ,
3 of 3
re/cha
Download the Case Management Plan at: hitp://www.ca.cjis20.org/home/charlotte/charjudgedwald_asp . For procedure clarification, contact the Civil Case
Manager at Email: scodrington@ca.cjis20.org
or by Phone: (941) 833-3060.
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. ,
Kelsey Taylor Campbell
Richard Bowers ,
Susanne E Riedhammer ,
Victoria N Ferrentino , ,
JEFFREY M GOODIS
BRETT P GLIOSCA
SUSANNE E RIEDHAMMER
40f4
Download the Case Management Plan at: hitp://www.ca.cjis20.org/home/charlotic/charjudgedwnld
asp . For procedure clarification, contact the Civil Case
Manager at Email: scodrington@ca.cjis20.org or by Phone: (941) 833-3060.
“If you are a person with a disability who needs any accommodations in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact Jon Embury, Administrative Services Manager, whose
office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose
telephone number is (941) 637-2110, at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time before the
scheduled Court appearance is less than 7 days; if you are hearing or voice impaired, call
71”
NEW and faster process
Submit the proposed Case Management Plan and Order electronically
1 Download the NEW Case Management Plan and Order:
hitps:/Awww.ca.cjis20.org/pdf/Charlotte/CMPapproved 32019.docx
Sign the agreed plan electronically
Save the document in WORD format, WORD 97-2002 or 2003 (please -no PDF, RTF, WPD etc.)
This document DOES NOT need to be viewable for judicial consideration; do not e-file.
Email the document fo civilemcharlotte@ca.cjis20.org. The body of the Email now constitutes your cover
letter, copy all parties on the email.
If the Court receives the document at least 7 days prior to the hearing the Case Management Conference
may be cancelled. A separate Notice of Cancellation will be e-served.
For more helpful tips, view the Circuit Civil Instructions PowerPoint:
https://www.ca.cjis20.org/home/charlotte/charjudge.asp?Judge=gentile& PgType=3&Display=
5o0f5
Download the Case Management Plan at: hitp://www.ca.cjis20.org/home/charlotie/charjudgedwnld
asp . For procedure clarification, contact the Civil Case
Manager at Email: scodrington@ca.cjis20.org or by Phone: (941) 833-3060.
Preview
Filing # 117805638 E-Filed 12/08/2020 08:53:26 AM IN LHE CIKCULL COURIL UF LHE PWENTHIELH JUDICIAL UIKUCUIL IN AND FORK CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION DEBORAH A BURG, RICK BURG, NICOLE BURG, Plaintiff(s), vs Case Number: 20000616CA Case Type: Medical Malpractice WEST FLORIDA PHYSICIANS NETWORK, LLC, et al, Defendant(s), / NOTICE OF HEARING on CASE MANAGEMENT CONFERENCE and ORDER OF REFERRAL TO THE GENERAL MAGISTRATE THIS CAUSE was filed on or after June 1, 2012 and is subject to the Standing Order For Civil Cases in Charlotte County. As such, an Agreed Case Management Plan! was required to be submitted to the Court on or before 150 days from the date of filing the initial complaint. Upon review of the Court record, an Agreed Case Management Plan has not been submitted to nor approved by the Court. THEREFORE, on the Court’s own motion and pursuant to the Standing Order, a mandatory Case Management Conference is hereby scheduled in the above cited case, Counsel of Record and Pro Se Litigants (if any) must personally appear before the Honorable Magistrate Robert F. Koch on Wednesday, January 20, 2021 at 1:30 pm by VIDEO via Zoom or TELEPHONE and be prepared to address why the required Case Management Plan has not been timely submitted. If the parties cannot agree on a Case Management Plan, a Recommended Plan for Disposition may be recommended by the Magistrate at the hearing. Attormeys and Self-Represented parties shall appear at this hearing by video via Zoom or telephone by one of the following way: A. Website (Preferred Method with video): Go to www.zoom.us, click on “Join A Meeting”, and enter Meeting ID: 889-295-1312 B. Calling 1 (786) 635-1003 and when prompted, enter Meeting ID: 889-295-1312 Alternative to attending Case Management Conference. The hearing may be cancelled if an Agreed Case Management Plan is sent electronically to civilemcharlotte@ca.cjis20.org at least 7 days prior to the date of hearing or a Voluntary Dismissal or Final Judgment has been executed and filed. If the court does not approve of the plan, the conference will not be cancelled. Refer to the last page of this order on how to email the proposed case management plan and order. Failure to appear at the hearing may result in sanctions including, but not limited to, striking of pleadings, entry of a default against a disobedient party, dismissal of a disobedient party’s action and monetary fine(s). NO LOCAL COUNSEL unless approved by the Court before the hearing date. No other Motions will be heard. Upon filing of any civil case, Plaintiff is to attach a copy of the Standing Order with the initial omplaint for service on all parties. The General Magistrate is authorized to administer oaths and conduct hearings, as may be deemed necessary, which may include the taking of evidence. As soon as practicable, the General Magistrate shall file a Report and Recommendation, that contains findings of fact, conclusions of law, and the recommendation as to a ruling by the Court, and shall submit, as may be appropriate, a Recommended Order of General Magistrate. If required by the General Magistrate, the attorneys shall prepare a Recommended Order of General Magistrate. Failure to submit said Recommended Order of General Magistrate in a timely manner may result In sanctions being imposed by the Circuit Court Judge. Review of the Report and Recommendation made by the General Magistrate shall be by exceptions filed within 10 days after it is served, as provided in Rule 1.490(i), Florida Rules of Civil Procedure. Any party may file cross-exceptions within 5 days from the service of the exceptions. If no exceptions are timely filed, the Court shall take appropriate action on the report. If exceptions are timely filed, the Court shall resolve the exceptions at a hearing on reasonable notice. Any party filing exceptions will be required to provide the Court with a record sufficient to support the exceptions, or the exceptions may be denied. A record sufficient to support exceptions may require a written transcript of the relevant proceedings. The record shall include the court file, designated portions of the transcript of proceedings before the General Magistrate, and all depositions and evidence presented to the General Magistrate. The designated transcript portions must be delivered to the Court and all other parties at least 48 hours before the hearing. If the party filing exceptions has less than a full transcript of the proceeding 2 of 2 Download the Case Management Plan at: htip://www.ca.cjis20.org/home/charlotte/charjudgedwald asp . For procedure clarification, contact the Civil Case Manager at Email: scodrington@ca.cjis20.orgor by Phone: (941) 833-3060. before the General Magistrate prepared, that party must promptly file a notice designating the portions of the transcript that will be transcribed, and the other parties must be given reasonable time after service of the notice to arrange for the preparation and designation of other portions of the transcript for the Court to consider at the hearing. Though civil proceedings before a Judge are not electronically recorded by the Court, parties are advised that civil proceedings before a Magistrate ONLY will be electronically recorded by the Court, or alternatively, any party may elect to provide a live Court Reporter at that party’s own expense. If a live Court Reporter is provided by a party, requests for transcripts must be submitted to that Court Reporter. If no live Court Reporter is provided by a party, a party may request an electronic certified copy of the proceeding on CD, at that party’s expense, and may then have the recording transcribed, at that party’s expense. Providing the Court with a copy of the CD, instead of a certified written transcript, is insufficient for review by the Court of exceptions. Media request forms, procedures, and fees, and a list of approved Transcriptionists are available on the Court’s website, www.ca.cjis20.org, or by calling the Court’s Electronic Court Reporting Department at 239-533-8207. DONE AND ORDERED in Chambers, at Punta Gorda, Charlotte County, Florida on this 12/8/2020. HO GEOFF iT G EN] DGE Electronic Service: Brett P. Gliosca , Douglas B Lumpkin Summer E. Harcup, Esquire Edward R. Blumberg , , Frances Prockop , , Jay P Chimpoulis , , Jeffrey M Goodis , , 3 of 3 re/cha Download the Case Management Plan at: hitp://www.ca.cjis20.org/home/charlotte/charjudgedwald_asp . For procedure clarification, contact the Civil Case Manager at Email: scodrington@ca.cjis20.org or by Phone: (941) 833-3060. 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. , Kelsey Taylor Campbell Richard Bowers , Susanne E Riedhammer , Victoria N Ferrentino , , JEFFREY M GOODIS BRETT P GLIOSCA SUSANNE E RIEDHAMMER 40f4 Download the Case Management Plan at: hitp://www.ca.cjis20.org/home/charlotic/charjudgedwnld asp . For procedure clarification, contact the Civil Case Manager at Email: scodrington@ca.cjis20.org or by Phone: (941) 833-3060. “If you are a person with a disability who needs any accommodations in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled Court appearance is less than 7 days; if you are hearing or voice impaired, call 71” NEW and faster process Submit the proposed Case Management Plan and Order electronically 1 Download the NEW Case Management Plan and Order: hitps:/Awww.ca.cjis20.org/pdf/Charlotte/CMPapproved 32019.docx Sign the agreed plan electronically Save the document in WORD format, WORD 97-2002 or 2003 (please -no PDF, RTF, WPD etc.) This document DOES NOT need to be viewable for judicial consideration; do not e-file. Email the document fo civilemcharlotte@ca.cjis20.org. The body of the Email now constitutes your cover letter, copy all parties on the email. If the Court receives the document at least 7 days prior to the hearing the Case Management Conference may be cancelled. A separate Notice of Cancellation will be e-served. For more helpful tips, view the Circuit Civil Instructions PowerPoint: https://www.ca.cjis20.org/home/charlotte/charjudge.asp?Judge=gentile& PgType=3&Display= 5o0f5 Download the Case Management Plan at: hitp://www.ca.cjis20.org/home/charlotie/charjudgedwnld asp . For procedure clarification, contact the Civil Case Manager at Email: scodrington@ca.cjis20.org or by Phone: (941) 833-3060.