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Filing # 143202747 E-Filed 02/03/2022 09:32:36 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 Guardians, WILLIAM
D. PRUITT, CPA and RICKY BURG; CASE NO. 2020-000616 CA
NICOLE BURG, her daughter; and
RICKY BURG, her spouse,
Plaintiffs,
Vv.
WEST FLORIDA PHYSICIAN NETWORK, LLC 17
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL; ABIGAIL
UTECH; SOVI JOSEPH, M.D., P.A.; SOVI
JOSEPH; MILLENNIUM PHYSICIAN GROUP,
LLC d/b/a MILLENNIUM PHYSICIAN GROUP;
CATHY CRISS; LIFE CARE CENTERS OF
AMERICA, INC.; PUNTA GORDA MEDICAL
INVESTORS, LLC d/b/a LIFE CARE CENTER
OF PUNTA GORDA, LIFE CARE PHYSICIAN
SERVICES, LLC; and VANCE MALONEY, III,
Defendants.
/
PLAINTIFFS’ RESPONSE TO DEFENDANTS CATHY CRISS, D.O. AND
MILLENNIUM PHYSICIAN GROUP, LLC'S MOTION TO CONTINUE EXPERT
DEPOSITION
COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court-
appointed Guardians, WILLIAM D. PRUITT, CPA and RICKY BURG; NICOLE BURG, her
daughter; and RICKY BURG, her spouse, by and through their undersigned attorneys, and
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Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 2
as their response to Defendants CATHY CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP,
LLC’S motion to continue expert deposition dated February 1, 2022, state:
1. As can be seen in the attached Court orders and filings from the parties, Plaintiffs
respectfully assert that Defendants CATHY CRISS, D.O. and MILLENNIUM
PHYSICIAN GROUP, LLC are incorrect in their analysis.
Defendants’ motion concerns the scheduling of the deposition of their expert
witness, Dr. Steven Selznick. DR. STEVEN SELZNICK’S DEPOSITION WAS
SCHEDULED IN COMPLIANCE WITH THE COURT’S ESTABLISHED ROCEDURES IN
THIS CASE:
A. The Defendants’ disclosure of expert witnesses, along with their opinions, was
ordered to occur no later than November 11, 2021. See Case Management Plan
and Order attached hereto as Exhibit A, as well as the Order Granting Motion
for Extension of Time to Disclose Experts attached hereto as Exhibit B.
Plaintiffs complied with the Court's order of disclosing their expert witnesses and
on November 1, 2021, disclosed as its expert witness against Defendants CATHY
CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP, LLC, expert witness Dr.
Arthur Herold.
Further, Plaintiffs, on November 5, 2021, offered to make Dr. Arthur Herold
available for deposition to occur on February 2, 2022. (Exhibit C)
Defendants CATHY CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP, LLC
failed to notice Dr. Arthur Herold for deposition.
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Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 3
E. In an effort to have the Defendants step up and notice Plaintiffs’ experts for
deposition, Plaintiffs moved the Court for instruction as to the scheduling of
depositions, which was heard on November 8, 2021. Pursuant to the Court’s
order dated December 1, 2021 (Exhibit D), Plaintiffs were to provide three (3)
deposition dates for Dr. Herold’s deposition, with the further directive that within
24 hours of December 1, 2021, counsel for each party would respond as to their
availability for those dates and if none of the three dates of availability work for
counsel, then the furthest out date will be the date of the deposition. As can be
seen, counsel for Plaintiffs provided deposition availability dates of January 26,
2022, February 2, 2022 and February 9, 2022 for Dr. Herold.
Further, pursuant to the Court’s order of December 1, 2021, if no defense
counsel seeks a particular deposition, the deposition will be waived.
Defendants CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC did not
comply with the Court's order of December 1, 2021, and did not notice Dr.
Herold’s deposition in a timely manner, thereby waiving the taking of the
deposition.
It was not until December 17, 2021 that Defendants CATHY CRISS, D.O. and
MILLENNIUM PHYSICIAN GROUP, LLC tardily noticed Dr. Herold’s deposition and
chose February 9, 2022 at 11:00 a.m. as the date of the deposition. (Exhibit E)
In the interim, a regularly scheduled status conference occurred on December 6,
2021. At that time, as part of the case management process, the Court ordered
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Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 4
that on or before December 16, 2021, Defendants would provide three dates of
availability for the depositions of their expert witnesses. The Court further
ordered that counsel for each party will respond within 24 hours as to their
availability for those dates. It is only if none of the three dates of availability
work for all counsel that the furthest out date will be the date of the deposition.
(Exhibit F)
In accordance with the status conference of December 6, 2021, Defendants
CATHY CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP, LLC provided three
deposition dates for their expert witness, Dr. Steven Selznick, those being
February 7, 2022, February 14, 2022 and February 18, 2022. (Exhibit G)
Plaintiffs waited 24 hours and no counsel responded as to being unavailable or
objected to any of the three dates. Thus, in accordance with the Court’s ruling,
Plaintiffs noticed Dr. Selznick for deposition on December 17, 2021 to commence
on one of the offered dates, that being February 7, 2021. (Exhibit H)
3. In Counts XLIX and L of the Amended Complaint, Plaintiffs clearly set forth the
liability as to Defendant CATHY CRISS, D.O., who acted as DEBORAH COPER
BURG'S attending physician on the dates of August 20, 2019 and August 21, 2019,
in pertinent part as follows:
619. Defendant CATHY CRISS, from on or about August 20, 2019
to August 21, 2019, became DEBORAH COOPER BURG'S attending
physician. Defendant CATHY CRISS assumed the responsibility for the
overall management of care and wellbeing of DEBORAH COOPER
BURG throughout same including, but not limited to proper nutrition
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Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 5
and vitamin intake and the obtaining of proper consults. That
Defendant CATHY CRISS obtained actual and/or constructive
knowledge that postoperatively, DEBORAH COOPER BURG had
become inflicted as a result of her bariatric surgery and its sequelae
with a condition of intractable vomiting to such an intense degree that
she was unable to obtain the necessary nutrition and vitamin
supplementation needed to sustain her proper bodily functioning
including her proper and healthy neurological system.
620. At all pertinent times, the accepted standard of care for health
care providers such as Defendant CATHY CRISS involved in the care
and treatment of patients such as DEBORAH COOPER BURG who
undergo bariatric surgery, included the knowledge that even with
otherwise successful bariatric surgery, patients such as her are well
known, within reasonable medical probability, to have difficulty
sustaining proper nutrition and adequate vitamin intake and thus,
must be carefully monitored postoperatively with a carefully designed
and implemented plan of adequate nutrition and vitamin intake post-
bariatric surgery on a constant prophylactic daily basis for life.
Further, the accepted standard of care of health care providers such
as Defendant CATHY CRISS included the knowledge that if a patient
such as DEBORAH COOPER BURG cannot, because of intractable
vomiting or otherwise, maintain adequate nutrition and adequate
vitamin intake including, but not limited to vitamin B1/Thiamine,
vitamin B12 and Folic Acid, then the neurologic system of the patient
such as DEBORAH COOPER BURG essentially starves leading to the
onset of the above described neurologic conditions called Wernicke
encephalopathy and Korsakoff psychosis.
621. That Defendant CATHY CRISS breached the accepted
standard of care she owed to DEBORAH COOPER BURG in that she
had actual and/or constructive knowledge that DEBORAH COOPER
BURG was not obtaining necessary nutrition and vitamin intake to
maintain proper neurologic functioning, failed to timely evaluate,
obtain proper consults, assess, test, recognize, prevent and treat the
known postoperative bariatric surgical complications including but not
limited to, vitamin B1/Thiamine deficiency. In light of DEBORAH
COOPER BURG'S post bariatric surgery presentation of persistent and
ongoing vomiting and poor oral intake, all of which Defendant CATHY
CRISS knew or should have known of, she further breached the
accepted standard of care she owed to DEBORAH COOPER BURG by
failing to anticipate and recognize the likelihood of vitamin
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&- Caballero, PA,
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Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 6
B1/Thiamine deficiency occurring, by failing to take the necessary
steps known and needed to prevent the occurrence of vitamin
B1/Thiamine deficiency by prophylactically providing DEBORAH
COOPER BURG adequate amounts of vitamin B1/Thiamine
replacement, and by failing to alert and inform DEBORAH COOPER
BURG'S various current and subsequent health care providers of the
necessity of providing replenishment of nutrition and vitamin
B1/Thiamine on a daily ongoing basis which was of critical and
necessary importance because without doing so, DEBORAH COOPER
BURG, within reasonable medical probability, was known or should
have been known to Defendant CATHY CRISS, to be doomed to
develop the catastrophic neurologic disease known as Wernicke
encephalopathy and its sequela, Korsakoff psychosis. As a result of
Defendant CATHY CRISS’ above breaches of the accepted standard of
care, the neurologic system of DEBORAH COOPER BURG has been
catastrophically injured and damaged on a permanent basis rendering
DEBORAH COOPER BURG totally disabled, through the onset of
Wernicke encephalopathy and Korsakoff psychosis.
622. That Defendant CATHY CRISS had the duty to address
DEBORAH COOPER BURG'S _ nutritional starvation and vitamin
insufficiency as set forth above and her failure to do so represents a
breach of that duty and demonstrates conduct below the accepted
standard of care and professional prevailing practices that she had the
duty to provide to DEBORAH COOPER BURG. With further
particularity, she had actual and/or constructive knowledge that
beginning on or about July 10, 2019, DEBORAH COOPER BURG began
suffering from near constant vomiting and the inability to keep down
food, nutrition, and vitamins including vitamin B1/Thiamine, resulting
in multiple trips to the Fawcett Memorial Hospital emergency room
and as an inpatient. Further, Defendant CATHY CRISS failed to order
a simple blood test to determine DEBORAH COOPER BURG'S vitamin
B1/Thiamine level and other vitamin levels or alternatively, to take
steps to provide oral or intravenous vitamin infusion to her or to alert
her other health care providers as to the necessity of replenishing
vitamin B1/Thiamine to DEBORAH COOPER BURG so that she would
be assured that DEBORAH COOPER BURG would receive the proper
nutrition and vitamin B1/Thiamine intake. Defendant CATHY CRISS
knew or should have known that vitamin B1/Thiamine and other
vitamins and nutrients were critical to DEBORAH COOPER BURG
maintaining a properly functioning neurologic system. Defendant
CATHY CRISS knew or should have known that without proper vitamin
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&- Caballero, PA,
NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA 33132 - TEL (305) 358-6329
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 7
B1/Thiamine and other vitamin and nutrient infusion, DEBORAH
COOPER BURG would, within reasonable medical probability, sustain
Wernicke encephalopathy and Korsakoff psychosis and yet deviated
from the accepted standard of care by failing to provide this
nutritional and vitamin support to DEBORAH COOPER BURG. The
above conduct of Defendant CATHY CRISS represents deviations from
the accepted standard of care and prevailing professional practices
owed to DEBORAH COOPER BURG, which were a legal cause of the
catastrophic injuries and damages that befallen DEBORAH COOPER
BURG.
623. Further, Defendant CATHY CRISS assumed the responsibility
and duty of providing proper postoperative care, assessment,
evaluation, testing, treatment and communication with DEBORAH
COOPER BURG’S present and subsequent health care providers.
Defendant CATHY CRISS breached that duty by failing to properly so
communicate to ensure that DEBORAH COOPER BURG would receive
the proper nutrition and vitamin support including vitamin
B1/Thiamine, including the communication that without such
nutritional and vitamin support, within reasonable medical probability,
DEBORAH COOPER BURG would be doomed to develop neurologic
dysfunction including Wernicke encephalopathy and Korsakoff
psychosis. Such conduct as stated above of Defendant CATHY CRISS
represents conduct below the accepted standard of care and
professional prevailing practices that she had the duty to provide to
DEBORAH COOPER BURG. She breached that duty with the result
being that DEBORAH COOPER BURG, within reasonable medical
probability, is catastrophically injured and damaged on a permanent
basis, with the onset of Wernicke encephalopathy and Korsakoff
psychosis and related maladies and sequelae therefrom including but
not limited to, hallucinations, the inability to clearly think, the inability
to demonstrate emotional control, the inability to properly walk, talk
and otherwise have full motor and sensory function.
4. Discovery has revealed, including the taking of Defendant CATHY CRISS’ deposition
on June 4, 2021, that Dr. Criss acted as an attending physician for the purpose of
billing DEBORAH COOPER BURG'S insurance company. Further, Dr. Criss approved
a clearly false Plan of Care claiming to have evaluated Mrs. Burg on August 11, 2019
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&- Caballero, PA,
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Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 8
when such did not occur, and approved a Plan of Care for home health nurses and
home therapy when in fact, the history and symptomatology set forth on the Plan of
Care was such that Mrs. Burg required immediate evaluation in an acute hospital
setting as she was experiencing the signs of Wernicke Encephalopathy. Dr. Criss
executed this falsified Plan of Care knowing that to do so potentially gives rise to
criminal or civil penalties.
Contrary to Defendants’ assertions in their motion (Exhibit I), there is no
procedure established in this case that Plaintiffs’ expert witnesses would be deposed
prior to Defendants’ expert witnesses.
Moreover, Plaintiffs received a monetary request from Dr. Steven Selznick in the
amount of $1,500.00 as a precondition for his sitting for his deposition on February
7, 2021. Plaintiffs, in fact, have paid the requested $1,500.00 to Dr. Selznick.
WHEREFORE, Plaintiffs respectfully request the Court to deny Defendants CATHY
CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP, LLC’S Motion to Continue Expert
Deposition.
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& Catallero, PA,
NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA 33132 - TEL (305) 358-6329
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 9
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service this 2% day of February, 2022 to: see attached service list.
DEUTSCH BLUMBERG & CABALLERO, P.A.
Attorneys for Plaintiffs
New World Tower, Suite 2802
100 North Biscayne Boulevard
Miami, Florida 33132
(305) 358-6329
(305) 358-9304 (facsimile)
Email — erb@deutschblumberg.com;
mitchell hblum| : m
By: _s/Edward R. Blumberg
EDWARD R. BLUMBERG, ESQ.
Florida Bar No. 190870
Deutsch Blumberg
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BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
SERVICE LIST
Michael J. Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
Co-Counsel for PLAINTIFFS
2101 Indian River Boulevard, Suite 200
Vero Beach, Florida 32960
Telephone: (772) 231-4440
E-Mails: mswan@rosswayswan.com,; cdelo@rosswayswan.com
Richard K. Bowers, Esquire
Brandon R. Scheele, Esquire
Bankers Lopez Gassler, P.A.
Attorneys for DILENDRA WEERASINGHE
501 East Kennedy Boulevard, Suite 1700
Tampa, FL 33602
Telephone: 813-221-1500
Fax: 813-222-3066
bowers@bankerlopez.com
Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com
Jay P. Chimpoulis, Esquire
Susanne E. Riedhammer, Esquire
Chimpoulis & Hunter, P.A.
Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY,
III
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033
Fax: 954-463-9562
Email: JCHimpouli him) lisHunter. m
Victoria N. Ferrentino, Esq.
Erin B. Reynolds, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX
100 S. Ashley Drive, #1400
Tampa, FL 33602
Telephone: 813-228-7000
Fax: 813-273-0091
Emails: vferrentino@bgrplaw.com;eserve@barplaw.com; and dhensley@bgrplaw.com
reynolds@bgrplaw.com
1|Page
Brett P. Gliosca, Esq.
Jeffrey M. Goodis, Esq.
LA CAVA JACOBSON & GOODIS, P.A.
Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A.
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Office: 727-477-1013
Fax: 727-550-0811
Emails: -pleadin li liglegal.com; mmorgan@liglegal.com
Ronald E. Bush, Esq.
Frances G. Prockop, Esq.
Alexandra S. Farren, Esq.
Gavrila A. Brotz, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Office: 813-228-7000
Fax: 813-229-6316
Emails: eserve@barplaw.com; |Iplyushko@bgrplaw.com; bconde@barplaw.com;
rr
m rplaw.com; gbri law.com
Barry A. Postman, Esq.
Ron M. Campbell, Esq.
Daniel C. Calvert, Esq.
Cole, Scott & Kissane, P.A.
Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a
MILLENNIUM PHYSICIAN GROUP
27300 Riverview Center Boulevard, Suite 200
Bonita Springs, FL 34134
Telephone: 239-690-7925
Facsimile: 239-738-7778
Emails: man m; ron.campbell@csklegal.com;
daniel.calvert@csklegal.com; krystal.perez@csklegal.com; daniela.perez@csklegal.com
John D. Emmanuel, Esq.
Buchanan Ingersoll & Rooney, PC
401 East Jackson Street, Suite 2400
Tampa, Florida 33602
Telephone: (813) 222-8180
Fax: (813) 222-8189
Emails: john.emmanuel@bipc.com, Sabrina.storno@bipc.com
2|Page
Filing # 126310908 E-Filed 05/06/2021 02:03:48 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE
COUNTY, FLORIDA CIVIL ACTION
DEBORAH COOPER BURG, by and through her
Court-appointed Guardian, RICKY BURG; NICOLE
BURG, her daughter; and RICKY BURG, her
spouse,
Plaintifi(s),
Case File No: 2020 000616 CA
vs. Case Type: Medical Malpractice
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL; SUSAN
BRUNER; ABIGAIL UTECH; NANDINI KIRL
M_LD., P.A.; NANDINI KIRI; HARBOR MEDICAL
GROUP, LLC; AHSAN KAMAL; SOVI JOSEPH,
MLD., P.A.; SOVI JOSEPH; DOMINGO E.
GALLIANO, JR., P-A.; DOMINGO GALLIANO,
JR.; ARTURO RODRIGUEZ-MARTI, M_.D.,
P.L., ARTURO RODRIGUEZ-MARTIN;
MILLENNIUM PHYSICIAN GROUP, LLC d/b/a
MILLENNIUM PHYSICIAN GROUP;
CATHY CRISS; LIFE CARE CENTERS OF
AMERICA, INC.; PUNTA GORDA MEDICAL
INVESTORS, LLC d/b/a LIFE CARE CENTER
OF PUNTA GORDA; LIFE CARE PHYSICIAN
SERVICES, LLC; and VANCE MALONEY, III, EXHIBIT
Defendant(s),
/ Poa
CASE MANAGEMENT PLAN AND ORDER
The partics hereby submit to the following Agreed Case Management Plan to the Court for approval:
Case Track Assignment’ (check one — must be completed for cases filed 05/01/2012 or thereafter):
C] Expedited Track (Case resolyed within 12 months):
(it is recommended that discovery and an alternative dispute resolution be completed within 270
days after the complaint is filed and a final disposition entered within 365 days after the complaint
is filed.)
C) Standard Track is resolved ithin 18 months):
(It is recommended that discovery and an altemative dispute resolution be completed within 450
days after the complaint is filed and a final disposition entered within 540 days after the complaint
is filed.)
i] Complex Track (Case resolved within 2 years):
(Case will likely be declared complex per Florida Rule of Civil Procedure 1.201.)
1 Case disposition times for all Case Tracks have been established in accordance with Florida Rule of Judicial Administration
2.230{a)(1)(B). Although Standard and Complex Track cases may or may not be resolved with a jury trial, it is expected that
Expedited Track cases will be resolved without a jury trial.
Case Deadlines and Events
DEADLINE OR EVENT AGREED DATE
Statement of Facts and/or Counterclaim(s)
Plaintiff(s): April 19, 2021
Defendant(s): April 19, 2021
Identification of facts the parties believe to be disputed
Plaintiff{s): April 19, 2021
Defendant(s): April 19, 2021
Identification of the issues of law to be decided by the Court
Plaintiffs): April 19, 2021
Defendants(s): April 19, 2021
Motions to Add Parties or to Amend Pleadings
Plaintiff(s): August 27, 2021
Defendant(s): August 27, 2021
Disclosure of Fact Witnesses
Plaintiff(s): April 19, 2021 (initial)
Defendant(s): April 19, 2021 (initial)
Disclosure of Expert Witnesses
Plaintiff{s): September 16, 2021
Defendant(s): September 27, 2021
October 7, 2021 (rebuttal
for Plaintiffs)
Filing of Exhibit List
Plaintifi{s): January 10, 2022
Defendant(s): January 10, 2022
Discovery Deadline for Fact Witnesses
{All discovery must be commenced in time to be completed before this
date.)
Plaintiff{s): September 20, 2021
Di nit 5, September 20, 2021
Vall
it is recommended that last exchange occur4 months before trial and
1-2 months before discovery deadline to allow time for expert depositions.
This does not require a written report unless otherwise required by the rule.)
Plaintifis): September 16, 2021
|Defendant(s): || September 27, 2021
October 7, 2021 (rebuttal
for Plaintiffs)
Discovery Deadline for Expert Witnesses
Plaintifi(s): March 10, 2022
Defendant(s) March 10, 2022
Completion of Alternative Dispute Resolution (ADR)
(Mediation is mandatory within 12 months of trial date, unless the parties On or before September
stipulate to non-binding arbitration.) 30, 2021
Deadline:
Type of ADR: Mediation
Completion of Nonbinding Arbitration Pursuant to Fla. Stat. §44.103
and Fla. R, Civ, P. 1.820 On or before March 15,
2022
Although not Court-ordered, the Parties and arbitrator may agree to a joint
mediation/non-binding arbitration
Deadline for Hearing Dispositive Motions
(All dispositive motions must be heard by the Court at Icast 10 days prior to Ten days prior to pretrial
the pretrial conference unless otherwise ordered by the Court.) conference/or
Date:
February 12, 2022
Pretrial Management Conference Date
(Unless early ADR is selected, a pretrial conference date will be scheduled February 22, 2022
within 45 days of the date of ADR not resulting in settlement or disposition
of this cntire action.)
Other Deadlines or Events
Scheduling Conference to be coordinated by parties On or before June 3, 2021
Trial Information
Estimated Date the Case Will Be Prepared To Go To Trial May 2, 2022
(If counsel and unrepresented parties do not agree on the estimated date on
which the case will be prepared to go to trial, or fail to file a Notice for Trial
by the date indicated, the Court may on its own motion set the case for trial,
or other status hearing. The filing of this plan does NOT supplant the
Tequirement of filing a Notice for Trial.)
Estimated Length of Trial (specify the number of trial days): 21 days
Identification of Jury or Non-Jury Trial Jury
The above-referenced schedule of deadlines will be strictly adhered to by the parties unless a change is otherwise
agreed to by the parties and approved by the Court. The Court will consider a request to approve changes to these
deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or
unavailability. However, once the Agreed Case Management Plan has been approved by the Court, procrastination
in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.
The failure to abide by these deadlines may result in sanctions by the Court, including the award of attorney’s fees,
the striking of pleadings, and/or a dismissal of the action.
Date: _ 5/6/2021
Plaintiff Defendant
Provide in the text boxes below the atiorney or self- Provide in the text boxes below the atiorney or self-
represented party’s signature, name, address, and represented party's signature, name, address, telephone and
telephone, Allorneys must include bar number. signature(s). Attorneys must include bar number.
/s/Edward R, Blumberg
s/ VictoriaN. Ferrentino
Edward R. Blumberg, Esq.
Victoria N. Ferrentino, Esq.
Florida Bar No. 190870
Florida Bar No.: 21167
Cosme Caballero, Esq.
Rivver Cox, Esq.
Florida Bar No. 90937
Florida Bar No.: 1003431
Robert (Beau) Blumberg, Esq.
Bush Graziano Rice & Platter, P.A.
Florida Bar No. 111371
100 S. Ashley Drive, Suite 1400
Deutsch Blumberg & Caballero, P.A.
Tampa, FL 33602
Counsel for PLAINTIFFS
Phone: (813) 228-7000 — Fax: (813) 273-0091
100 North Biscayne Boulevard, #2802
Miami, FL 33132 Primary E-mail: eserve@bgrplaw.com;
vferrentino@bgrplaw.com
Tel — 305-358-6329
dhensley@bgrplaw.com
Attomeys for Defendants West Florida Physician
Network, LLC and John Rioux
s/ John M. Stewart s/ Richard K, Bowers
John M. Stewart, Esquire Richard K. Bowers, Esq.
Florida Bar No. 120472 Florida Bar No. 304344
Michael J. Swan, Esquire Brandon R. Scheele, Esquire
Florida Bar No. 509116 Florida Bar No. 568813
Rossway Swan Tierney Barry & Oliver, P.L. Bankers Lopez Gassler, P.A.
Co-Counsel for PLAINTIFFS Counsel for DILENDRA WEERASINGHE
2101 Indian River Boulevard, Suite 200 501i East Kennedy Boulevard, Suite 1700
Vero Beach, Florida 32960 Tampa, FL 33602
Telephone: (772) 231-4440 Telephone: 813-221-1500
s/ Frances G. Prockop
Frances G. Prockop, Esq.
Florida Bar No. 727296
Alexandra S. Farren, Esq.
Florida Bar No. 1018542
Bush Graziano Rice & Platter, P.A.
Counsel for Defendant FAWCETT MEMORIAL
HOSPITAL, INC. and ABIGAIL UTECH
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Office: 813-228-7000
s/ Richard B. Mangan
Richard B. Mangan, Jr., Esq.
Florida Bar No. 947156
Kelsey T. Campbell, Esq.
Florida Bar No. 1011369
Rissman, Barrett, Hurt, Donahue, McLain &
Mangan, P.A.
Counsel for Defendants Nandini Kiri, M.D. and
Nandini Kiri, M.D., P.A.
1 North Dale Mabry Highway, 11th Floor
Tampa, FL 33609
Telephone: (813) 221-3114
5/ Brett P. Gliosca
Brett P. Gliosca, Esq.
Florida Bar No. 107501
Jeffrey M. Goodis, Esq.
Florida Bar No. 946524
La Cava Jacobson & Goodis, P.A.
Counsel for for Defendants SOVI JOSEPH and
SOVI JOSEPH, M_D., P.A.
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Office: 727-477-1013
s/ Jay P. Chimpoulis
Jay P. Chimpoulis, Esq.
Florida Bar No. 561533
Susanne E. Riedhammer, Esq.
Florida Bar No. 159638
Chimpoulis & Hunter, P.A.
Counsel for Defendants PUNTA GORDA
MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE
PHYSICIAN SERVICES, LLC; and VANCE
MALONEY, Ill
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033
SR. m Rivas
R. Ryan Rivas, Esq.
Florida Bar No. 96700
Hall Booth Smith, P.C.
Counsel for SUSAN BRUNER
2202 North Westshore Boulevard, Suite 200
Tampa, Florida 33607
T: 727.568.8435
s/ Daniel C. Calvert
Daniel C. Calvert, Esq.
Florida Bar No. 116544
Cole, Scott & Kissane, P.A.
Counsel for CATHY CRISS and MILLENNIUM
PHYSICIAN GROUP, LLC d/b/a MILLENNIUM
PHYSICIAN GROUP
27300 Riverview Center Boulevard, Suite 200
Bonita Springs, FL 34134
Tel -239-690-7925
s/ WalterJ. Taché
Walter J. Taché
Florida Bar No. 028850
Email: wtache@tachebronis.com
Gavrila A. Brotz
Florida Bar No. 034594
Email: gbrotz@tachebronis.com
service@tachebronis.com
TACHE, BRONIS, AND DESCALZO, P.A.
150 S.E. 2nd Avenue Suite 600
Miami, FL 33131
Telephone: (305) 537-9565
Facsimile: (305) 537-9567
ORDER APPROVING AGREED CASE MANAGEMENT PLAN
THE COURT, having reviewed the above Agreed Case Management Plan and finding it to be
satisfactory, it is
ORDERED AND ADJUDGED that the Agreed Case Management Plan is hereby APPROVED
AND ALL PARTIES SHALL ABIDE BY THE TERMS HEREIN.
je
on 05/06/2021 14
2
ssa FREY H in 20000616CA.
fOXP2Pock
Electronic Service List
Brett P. Gliosca ,
Daniel C. Calvert ,
Ron M. Campbell ,
Douglas B Lumpkin
Summer E. Harcup, Esquire
Edward R. Blumberg , ,
Frances Prockop , ,
Gavrila A. Brotz ,
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 ,
Richard Barrett Mangan Jr. ,
Richard Bowers ,
Richard Ryan Rivas , ,
Barry A Postman ,
Scott B, Albee
Ryan Stevens
Summer E. Harcup ,
Susanne E Riedhammer ,
Victoria N Ferrentino , ,
BRANDON R SCHEELE
JEFFREY M GOODIS
BRETT P GLIOSCA
SUSANNE E RIEDHAMMER
GAVRILA A BROTZ
Filing # 135308559 E-Filed 09/25/2021 08:26:49 AM
IN THE CIRCUIT COURTOF THE
20™ JUDICIAL COURT IN AND FOR,
CHARLOTTE COUNTY, FLORIDA.
CASE NO. 2020-000616 CA
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 MEMORIAL HOSPITAL; SUSAN BRUNER;
ABIGAIL UTECH; NANDINI KIRI, M.D.; NANDINI KIRI,
HARBOR MEDICAL GROUP, LLC., AHSAN KAMAL;
SOVI JOSEPH, M.D.; SOVI JOSEPH; DOMINGO E.
GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR;
ARTURO RODRIGUEZ-MARTIN, M_D.,P.L.;
ARTURO RODRIGUEZ-MARTIN; MILLENNIUM
PHYSICIAN GROUP, LLC d/b/a MILLENNIUM
PHYSICIAN GROUP; CATHY CRISS; LIFE CARE
CENTERS OF AMERICA, [NC.; PUNTA GORDA
MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER
OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC;
and VANCE MALONEY, Ill, EXHIBIT
Defendants. Pop
a/
ORDER |G DEFENDANTS, LIFE CARE CENTERS OF AMERICA, INC.
PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF
P ‘A LIFE PHYSICIAN SERVICES, LLC., AND VANCE
"S_MOTE F NSION OF TIME TO DISCLOSE EXPER’
This Cause coming before the Court on September 13, 2021 on Defendants’, Life
Care Centers Of America, Inc., Punta Gorda Medical Investors, LLC d/b/a Life Care Center
Of Punta Gorda, Life Care Physician Services, LLC., and Vance Maloney’s Motion For
Extension Of Time To Disclose Experts And To Complete Expert Discovery and the Court
having heard argument of counsel and being fully advised in the premises, it is
ORDERED and ADJUDGED:
1 That said Motion is Granted. The deadline to disclose experts is extended 45
days
for all parties
ORDERED and ADJUDGED:
EREY H in 2000061508,
‘on O¥5001
G8 0 58 22 Oct
Electronic Service List
Brett P. Gliosca ,
Daniel C. Calvert ,
Ron M. Campbell ,
Edward R. Blumberg , ,
Frances Prockop , ,
Jeffrey Goodis, Esq.
Gavrila A. Brotz ,
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 , ,
Michael John Swan , ,
Richard Bowers ,
Richard Ryan Rivas , ,
Barry A Postman ,
Ronald E. Bush Bush ,
WalterJ. Tache ,
Susanne E Riedhammer ,
Victoria N Ferrentino , ,
PETER C BURKERT
DOUGLAS B LUMPKIN
BRANDON R SCHEELE
RICHARD B MANGAN
JEFFREY M GOODIS
JAY CHIMPOULIS
BRETT P GLIOSCA
BRETT P GLIOSCA
SUSANNE E RIEDHAMMER
KELSEY TAYLOR CAMPBELL
RYAN STEVENS
Rowena Mitchell
From: Rowena Mitchell
Sent:
To: ‘Ron Bush’; ‘bscheele@bankeriopez.com’; ‘rhowers@bankerlopez.com’; ‘service-
rbowers@bankerlopez.com’; ‘Debi Hensley’; ‘Lori Bachinski’; 'Rivver Cox’;
‘ron.campbell@csklegal.com’, ‘krystal.perez@csklegal.com’;
‘mhobbs@hallboothsmith.com’; ‘Victoria Ferrentino’; ‘daniel.calvert@csklegal.com';
‘sriedhammer@chimpoulishunter.com’; ‘Juliette Heller’;
‘Ichimpoulis@chimpoulishunter.com’; ‘evelazquez@chimpoulishunter.com’,
‘john.emmanuel@bipc.com; 'Gavrila Brotz’; 'bgliosca@ljglegal.com';
‘mmorgan@|jglegal.com’; ‘mhobbs@hallboothsmith.com’; 'rmessler@bgrplaw.com’;
‘Barbara Conde’; Edward Blumberg; ‘Janet Robelen’; ‘Sabrina.storno@bipc.com’
Subject: RE: 20-616-CA Burg v West FL Physicians Network - deposition of expert Dr. Arthur
Herold
Dear Counsel,
Please be advised that Plaintiffs’ expert, Dr. Arthur Herold, is available for his Zoom deposition on Wednesday, February»
24, 2022
Please forward us your notice of taking deposition at this time.
Thank you.
Rowena
Rowena Mitchell
Assistant to Edward R. Blumberg, Esq. and
Steven K, Deutsch, Esq.
Deutsch Blumberg
& Caballero, P.A.
100 North Biscayne Boulevard
Suite 2802
Miami, Florida 33132
Tel: (305) 358-6329
Fax: (305) 358-9304.
Email ~ rmitchell@deutschblumberg.com
EXHIBIT
C
Filing # 139494585 E-Filed 12/01/2021 04:25:10 PM
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,
Plain
Preview
Filing # 143202747 E-Filed 02/03/2022 09:32:36 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 Guardians, WILLIAM D. PRUITT, CPA and RICKY BURG; CASE NO. 2020-000616 CA NICOLE BURG, her daughter; and RICKY BURG, her spouse, Plaintiffs, Vv. WEST FLORIDA PHYSICIAN NETWORK, LLC 17 DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; ABIGAIL UTECH; SOVI JOSEPH, M.D., P.A.; SOVI JOSEPH; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA, LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. / PLAINTIFFS’ RESPONSE TO DEFENDANTS CATHY CRISS, D.O. AND MILLENNIUM PHYSICIAN GROUP, LLC'S MOTION TO CONTINUE EXPERT DEPOSITION COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court- appointed Guardians, WILLIAM D. PRUITT, CPA and RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, by and through their undersigned attorneys, and Deutsch : Blumberg d&: Caballero, PA, NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 33182 - TEL (305) 358-6329 4 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 2 as their response to Defendants CATHY CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP, LLC’S motion to continue expert deposition dated February 1, 2022, state: 1. As can be seen in the attached Court orders and filings from the parties, Plaintiffs respectfully assert that Defendants CATHY CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP, LLC are incorrect in their analysis. Defendants’ motion concerns the scheduling of the deposition of their expert witness, Dr. Steven Selznick. DR. STEVEN SELZNICK’S DEPOSITION WAS SCHEDULED IN COMPLIANCE WITH THE COURT’S ESTABLISHED ROCEDURES IN THIS CASE: A. The Defendants’ disclosure of expert witnesses, along with their opinions, was ordered to occur no later than November 11, 2021. See Case Management Plan and Order attached hereto as Exhibit A, as well as the Order Granting Motion for Extension of Time to Disclose Experts attached hereto as Exhibit B. Plaintiffs complied with the Court's order of disclosing their expert witnesses and on November 1, 2021, disclosed as its expert witness against Defendants CATHY CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP, LLC, expert witness Dr. Arthur Herold. Further, Plaintiffs, on November 5, 2021, offered to make Dr. Arthur Herold available for deposition to occur on February 2, 2022. (Exhibit C) Defendants CATHY CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP, LLC failed to notice Dr. Arthur Herold for deposition. Deutsch : Blumberg & Catallero, PA, NEW WORLD TOWER - 100N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA 33132 - TEL (305) 358-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 3 E. In an effort to have the Defendants step up and notice Plaintiffs’ experts for deposition, Plaintiffs moved the Court for instruction as to the scheduling of depositions, which was heard on November 8, 2021. Pursuant to the Court’s order dated December 1, 2021 (Exhibit D), Plaintiffs were to provide three (3) deposition dates for Dr. Herold’s deposition, with the further directive that within 24 hours of December 1, 2021, counsel for each party would respond as to their availability for those dates and if none of the three dates of availability work for counsel, then the furthest out date will be the date of the deposition. As can be seen, counsel for Plaintiffs provided deposition availability dates of January 26, 2022, February 2, 2022 and February 9, 2022 for Dr. Herold. Further, pursuant to the Court’s order of December 1, 2021, if no defense counsel seeks a particular deposition, the deposition will be waived. Defendants CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC did not comply with the Court's order of December 1, 2021, and did not notice Dr. Herold’s deposition in a timely manner, thereby waiving the taking of the deposition. It was not until December 17, 2021 that Defendants CATHY CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP, LLC tardily noticed Dr. Herold’s deposition and chose February 9, 2022 at 11:00 a.m. as the date of the deposition. (Exhibit E) In the interim, a regularly scheduled status conference occurred on December 6, 2021. At that time, as part of the case management process, the Court ordered Deutsch : Blumberg & Catallero, PA, NEW WORLD TOWER - 100N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA 33132 - TEL (305) 358-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 4 that on or before December 16, 2021, Defendants would provide three dates of availability for the depositions of their expert witnesses. The Court further ordered that counsel for each party will respond within 24 hours as to their availability for those dates. It is only if none of the three dates of availability work for all counsel that the furthest out date will be the date of the deposition. (Exhibit F) In accordance with the status conference of December 6, 2021, Defendants CATHY CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP, LLC provided three deposition dates for their expert witness, Dr. Steven Selznick, those being February 7, 2022, February 14, 2022 and February 18, 2022. (Exhibit G) Plaintiffs waited 24 hours and no counsel responded as to being unavailable or objected to any of the three dates. Thus, in accordance with the Court’s ruling, Plaintiffs noticed Dr. Selznick for deposition on December 17, 2021 to commence on one of the offered dates, that being February 7, 2021. (Exhibit H) 3. In Counts XLIX and L of the Amended Complaint, Plaintiffs clearly set forth the liability as to Defendant CATHY CRISS, D.O., who acted as DEBORAH COPER BURG'S attending physician on the dates of August 20, 2019 and August 21, 2019, in pertinent part as follows: 619. Defendant CATHY CRISS, from on or about August 20, 2019 to August 21, 2019, became DEBORAH COOPER BURG'S attending physician. Defendant CATHY CRISS assumed the responsibility for the overall management of care and wellbeing of DEBORAH COOPER BURG throughout same including, but not limited to proper nutrition Deutsch : Blumberg & Catallero, PA, NEW WORLD TOWER - 100N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA 33132 - TEL (305) 358-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 5 and vitamin intake and the obtaining of proper consults. That Defendant CATHY CRISS obtained actual and/or constructive knowledge that postoperatively, DEBORAH COOPER BURG had become inflicted as a result of her bariatric surgery and its sequelae with a condition of intractable vomiting to such an intense degree that she was unable to obtain the necessary nutrition and vitamin supplementation needed to sustain her proper bodily functioning including her proper and healthy neurological system. 620. At all pertinent times, the accepted standard of care for health care providers such as Defendant CATHY CRISS involved in the care and treatment of patients such as DEBORAH COOPER BURG who undergo bariatric surgery, included the knowledge that even with otherwise successful bariatric surgery, patients such as her are well known, within reasonable medical probability, to have difficulty sustaining proper nutrition and adequate vitamin intake and thus, must be carefully monitored postoperatively with a carefully designed and implemented plan of adequate nutrition and vitamin intake post- bariatric surgery on a constant prophylactic daily basis for life. Further, the accepted standard of care of health care providers such as Defendant CATHY CRISS included the knowledge that if a patient such as DEBORAH COOPER BURG cannot, because of intractable vomiting or otherwise, maintain adequate nutrition and adequate vitamin intake including, but not limited to vitamin B1/Thiamine, vitamin B12 and Folic Acid, then the neurologic system of the patient such as DEBORAH COOPER BURG essentially starves leading to the onset of the above described neurologic conditions called Wernicke encephalopathy and Korsakoff psychosis. 621. That Defendant CATHY CRISS breached the accepted standard of care she owed to DEBORAH COOPER BURG in that she had actual and/or constructive knowledge that DEBORAH COOPER BURG was not obtaining necessary nutrition and vitamin intake to maintain proper neurologic functioning, failed to timely evaluate, obtain proper consults, assess, test, recognize, prevent and treat the known postoperative bariatric surgical complications including but not limited to, vitamin B1/Thiamine deficiency. In light of DEBORAH COOPER BURG'S post bariatric surgery presentation of persistent and ongoing vomiting and poor oral intake, all of which Defendant CATHY CRISS knew or should have known of, she further breached the accepted standard of care she owed to DEBORAH COOPER BURG by failing to anticipate and recognize the likelihood of vitamin Deutsch Blumberg &- Caballero, PA, NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA 33132 - TEL (305) 358-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 6 B1/Thiamine deficiency occurring, by failing to take the necessary steps known and needed to prevent the occurrence of vitamin B1/Thiamine deficiency by prophylactically providing DEBORAH COOPER BURG adequate amounts of vitamin B1/Thiamine replacement, and by failing to alert and inform DEBORAH COOPER BURG'S various current and subsequent health care providers of the necessity of providing replenishment of nutrition and vitamin B1/Thiamine on a daily ongoing basis which was of critical and necessary importance because without doing so, DEBORAH COOPER BURG, within reasonable medical probability, was known or should have been known to Defendant CATHY CRISS, to be doomed to develop the catastrophic neurologic disease known as Wernicke encephalopathy and its sequela, Korsakoff psychosis. As a result of Defendant CATHY CRISS’ above breaches of the accepted standard of care, the neurologic system of DEBORAH COOPER BURG has been catastrophically injured and damaged on a permanent basis rendering DEBORAH COOPER BURG totally disabled, through the onset of Wernicke encephalopathy and Korsakoff psychosis. 622. That Defendant CATHY CRISS had the duty to address DEBORAH COOPER BURG'S _ nutritional starvation and vitamin insufficiency as set forth above and her failure to do so represents a breach of that duty and demonstrates conduct below the accepted standard of care and professional prevailing practices that she had the duty to provide to DEBORAH COOPER BURG. With further particularity, she had actual and/or constructive knowledge that beginning on or about July 10, 2019, DEBORAH COOPER BURG began suffering from near constant vomiting and the inability to keep down food, nutrition, and vitamins including vitamin B1/Thiamine, resulting in multiple trips to the Fawcett Memorial Hospital emergency room and as an inpatient. Further, Defendant CATHY CRISS failed to order a simple blood test to determine DEBORAH COOPER BURG'S vitamin B1/Thiamine level and other vitamin levels or alternatively, to take steps to provide oral or intravenous vitamin infusion to her or to alert her other health care providers as to the necessity of replenishing vitamin B1/Thiamine to DEBORAH COOPER BURG so that she would be assured that DEBORAH COOPER BURG would receive the proper nutrition and vitamin B1/Thiamine intake. Defendant CATHY CRISS knew or should have known that vitamin B1/Thiamine and other vitamins and nutrients were critical to DEBORAH COOPER BURG maintaining a properly functioning neurologic system. Defendant CATHY CRISS knew or should have known that without proper vitamin Deutsch Blumberg &- Caballero, PA, NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA 33132 - TEL (305) 358-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 7 B1/Thiamine and other vitamin and nutrient infusion, DEBORAH COOPER BURG would, within reasonable medical probability, sustain Wernicke encephalopathy and Korsakoff psychosis and yet deviated from the accepted standard of care by failing to provide this nutritional and vitamin support to DEBORAH COOPER BURG. The above conduct of Defendant CATHY CRISS represents deviations from the accepted standard of care and prevailing professional practices owed to DEBORAH COOPER BURG, which were a legal cause of the catastrophic injuries and damages that befallen DEBORAH COOPER BURG. 623. Further, Defendant CATHY CRISS assumed the responsibility and duty of providing proper postoperative care, assessment, evaluation, testing, treatment and communication with DEBORAH COOPER BURG’S present and subsequent health care providers. Defendant CATHY CRISS breached that duty by failing to properly so communicate to ensure that DEBORAH COOPER BURG would receive the proper nutrition and vitamin support including vitamin B1/Thiamine, including the communication that without such nutritional and vitamin support, within reasonable medical probability, DEBORAH COOPER BURG would be doomed to develop neurologic dysfunction including Wernicke encephalopathy and Korsakoff psychosis. Such conduct as stated above of Defendant CATHY CRISS represents conduct below the accepted standard of care and professional prevailing practices that she had the duty to provide to DEBORAH COOPER BURG. She breached that duty with the result being that DEBORAH COOPER BURG, within reasonable medical probability, is catastrophically injured and damaged on a permanent basis, with the onset of Wernicke encephalopathy and Korsakoff psychosis and related maladies and sequelae therefrom including but not limited to, hallucinations, the inability to clearly think, the inability to demonstrate emotional control, the inability to properly walk, talk and otherwise have full motor and sensory function. 4. Discovery has revealed, including the taking of Defendant CATHY CRISS’ deposition on June 4, 2021, that Dr. Criss acted as an attending physician for the purpose of billing DEBORAH COOPER BURG'S insurance company. Further, Dr. Criss approved a clearly false Plan of Care claiming to have evaluated Mrs. Burg on August 11, 2019 Deutsch Blumberg &- Caballero, PA, NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA 33132 - TEL (305) 358-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 8 when such did not occur, and approved a Plan of Care for home health nurses and home therapy when in fact, the history and symptomatology set forth on the Plan of Care was such that Mrs. Burg required immediate evaluation in an acute hospital setting as she was experiencing the signs of Wernicke Encephalopathy. Dr. Criss executed this falsified Plan of Care knowing that to do so potentially gives rise to criminal or civil penalties. Contrary to Defendants’ assertions in their motion (Exhibit I), there is no procedure established in this case that Plaintiffs’ expert witnesses would be deposed prior to Defendants’ expert witnesses. Moreover, Plaintiffs received a monetary request from Dr. Steven Selznick in the amount of $1,500.00 as a precondition for his sitting for his deposition on February 7, 2021. Plaintiffs, in fact, have paid the requested $1,500.00 to Dr. Selznick. WHEREFORE, Plaintiffs respectfully request the Court to deny Defendants CATHY CRISS, D.O. and MILLENNIUM PHYSICIAN GROUP, LLC’S Motion to Continue Expert Deposition. Deutsch Blumberg & Catallero, PA, NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA 33132 - TEL (305) 358-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 9 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-service this 2% day of February, 2022 to: see attached service list. DEUTSCH BLUMBERG & CABALLERO, P.A. Attorneys for Plaintiffs New World Tower, Suite 2802 100 North Biscayne Boulevard Miami, Florida 33132 (305) 358-6329 (305) 358-9304 (facsimile) Email — erb@deutschblumberg.com; mitchell hblum| : m By: _s/Edward R. Blumberg EDWARD R. BLUMBERG, ESQ. Florida Bar No. 190870 Deutsch Blumberg &- Caballero, PA, NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 33132 - TEL (305) 358-6329 BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA SERVICE LIST Michael J. Swan, Esquire Rossway Swan Tierney Barry & Oliver, P.L. Co-Counsel for PLAINTIFFS 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960 Telephone: (772) 231-4440 E-Mails: mswan@rosswayswan.com,; cdelo@rosswayswan.com Richard K. Bowers, Esquire Brandon R. Scheele, Esquire Bankers Lopez Gassler, P.A. Attorneys for DILENDRA WEERASINGHE 501 East Kennedy Boulevard, Suite 1700 Tampa, FL 33602 Telephone: 813-221-1500 Fax: 813-222-3066 bowers@bankerlopez.com Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com Jay P. Chimpoulis, Esquire Susanne E. Riedhammer, Esquire Chimpoulis & Hunter, P.A. Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 Fax: 954-463-9562 Email: JCHimpouli him) lisHunter. m Victoria N. Ferrentino, Esq. Erin B. Reynolds, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX 100 S. Ashley Drive, #1400 Tampa, FL 33602 Telephone: 813-228-7000 Fax: 813-273-0091 Emails: vferrentino@bgrplaw.com;eserve@barplaw.com; and dhensley@bgrplaw.com reynolds@bgrplaw.com 1|Page Brett P. Gliosca, Esq. Jeffrey M. Goodis, Esq. LA CAVA JACOBSON & GOODIS, P.A. Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A. 200 Central Avenue, Suite 250 St. Petersburg, FL 33701 Office: 727-477-1013 Fax: 727-550-0811 Emails: -pleadin li liglegal.com; mmorgan@liglegal.com Ronald E. Bush, Esq. Frances G. Prockop, Esq. Alexandra S. Farren, Esq. Gavrila A. Brotz, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 Office: 813-228-7000 Fax: 813-229-6316 Emails: eserve@barplaw.com; |Iplyushko@bgrplaw.com; bconde@barplaw.com; rr m rplaw.com; gbri law.com Barry A. Postman, Esq. Ron M. Campbell, Esq. Daniel C. Calvert, Esq. Cole, Scott & Kissane, P.A. Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP 27300 Riverview Center Boulevard, Suite 200 Bonita Springs, FL 34134 Telephone: 239-690-7925 Facsimile: 239-738-7778 Emails: man m; ron.campbell@csklegal.com; daniel.calvert@csklegal.com; krystal.perez@csklegal.com; daniela.perez@csklegal.com John D. Emmanuel, Esq. Buchanan Ingersoll & Rooney, PC 401 East Jackson Street, Suite 2400 Tampa, Florida 33602 Telephone: (813) 222-8180 Fax: (813) 222-8189 Emails: john.emmanuel@bipc.com, Sabrina.storno@bipc.com 2|Page Filing # 126310908 E-Filed 05/06/2021 02:03:48 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION DEBORAH COOPER BURG, by and through her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, Plaintifi(s), Case File No: 2020 000616 CA vs. Case Type: Medical Malpractice WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; NANDINI KIRL M_LD., P.A.; NANDINI KIRI; HARBOR MEDICAL GROUP, LLC; AHSAN KAMAL; SOVI JOSEPH, MLD., P.A.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR., P-A.; DOMINGO GALLIANO, JR.; ARTURO RODRIGUEZ-MARTI, M_.D., P.L., ARTURO RODRIGUEZ-MARTIN; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, EXHIBIT Defendant(s), / Poa CASE MANAGEMENT PLAN AND ORDER The partics hereby submit to the following Agreed Case Management Plan to the Court for approval: Case Track Assignment’ (check one — must be completed for cases filed 05/01/2012 or thereafter): C] Expedited Track (Case resolyed within 12 months): (it is recommended that discovery and an alternative dispute resolution be completed within 270 days after the complaint is filed and a final disposition entered within 365 days after the complaint is filed.) C) Standard Track is resolved ithin 18 months): (It is recommended that discovery and an altemative dispute resolution be completed within 450 days after the complaint is filed and a final disposition entered within 540 days after the complaint is filed.) i] Complex Track (Case resolved within 2 years): (Case will likely be declared complex per Florida Rule of Civil Procedure 1.201.) 1 Case disposition times for all Case Tracks have been established in accordance with Florida Rule of Judicial Administration 2.230{a)(1)(B). Although Standard and Complex Track cases may or may not be resolved with a jury trial, it is expected that Expedited Track cases will be resolved without a jury trial. Case Deadlines and Events DEADLINE OR EVENT AGREED DATE Statement of Facts and/or Counterclaim(s) Plaintiff(s): April 19, 2021 Defendant(s): April 19, 2021 Identification of facts the parties believe to be disputed Plaintiff{s): April 19, 2021 Defendant(s): April 19, 2021 Identification of the issues of law to be decided by the Court Plaintiffs): April 19, 2021 Defendants(s): April 19, 2021 Motions to Add Parties or to Amend Pleadings Plaintiff(s): August 27, 2021 Defendant(s): August 27, 2021 Disclosure of Fact Witnesses Plaintiff(s): April 19, 2021 (initial) Defendant(s): April 19, 2021 (initial) Disclosure of Expert Witnesses Plaintiff{s): September 16, 2021 Defendant(s): September 27, 2021 October 7, 2021 (rebuttal for Plaintiffs) Filing of Exhibit List Plaintifi{s): January 10, 2022 Defendant(s): January 10, 2022 Discovery Deadline for Fact Witnesses {All discovery must be commenced in time to be completed before this date.) Plaintiff{s): September 20, 2021 Di nit 5, September 20, 2021 Vall it is recommended that last exchange occur4 months before trial and 1-2 months before discovery deadline to allow time for expert depositions. This does not require a written report unless otherwise required by the rule.) Plaintifis): September 16, 2021 |Defendant(s): || September 27, 2021 October 7, 2021 (rebuttal for Plaintiffs) Discovery Deadline for Expert Witnesses Plaintifi(s): March 10, 2022 Defendant(s) March 10, 2022 Completion of Alternative Dispute Resolution (ADR) (Mediation is mandatory within 12 months of trial date, unless the parties On or before September stipulate to non-binding arbitration.) 30, 2021 Deadline: Type of ADR: Mediation Completion of Nonbinding Arbitration Pursuant to Fla. Stat. §44.103 and Fla. R, Civ, P. 1.820 On or before March 15, 2022 Although not Court-ordered, the Parties and arbitrator may agree to a joint mediation/non-binding arbitration Deadline for Hearing Dispositive Motions (All dispositive motions must be heard by the Court at Icast 10 days prior to Ten days prior to pretrial the pretrial conference unless otherwise ordered by the Court.) conference/or Date: February 12, 2022 Pretrial Management Conference Date (Unless early ADR is selected, a pretrial conference date will be scheduled February 22, 2022 within 45 days of the date of ADR not resulting in settlement or disposition of this cntire action.) Other Deadlines or Events Scheduling Conference to be coordinated by parties On or before June 3, 2021 Trial Information Estimated Date the Case Will Be Prepared To Go To Trial May 2, 2022 (If counsel and unrepresented parties do not agree on the estimated date on which the case will be prepared to go to trial, or fail to file a Notice for Trial by the date indicated, the Court may on its own motion set the case for trial, or other status hearing. The filing of this plan does NOT supplant the Tequirement of filing a Notice for Trial.) Estimated Length of Trial (specify the number of trial days): 21 days Identification of Jury or Non-Jury Trial Jury The above-referenced schedule of deadlines will be strictly adhered to by the parties unless a change is otherwise agreed to by the parties and approved by the Court. The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, once the Agreed Case Management Plan has been approved by the Court, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines. The failure to abide by these deadlines may result in sanctions by the Court, including the award of attorney’s fees, the striking of pleadings, and/or a dismissal of the action. Date: _ 5/6/2021 Plaintiff Defendant Provide in the text boxes below the atiorney or self- Provide in the text boxes below the atiorney or self- represented party’s signature, name, address, and represented party's signature, name, address, telephone and telephone, Allorneys must include bar number. signature(s). Attorneys must include bar number. /s/Edward R, Blumberg s/ VictoriaN. Ferrentino Edward R. Blumberg, Esq. Victoria N. Ferrentino, Esq. Florida Bar No. 190870 Florida Bar No.: 21167 Cosme Caballero, Esq. Rivver Cox, Esq. Florida Bar No. 90937 Florida Bar No.: 1003431 Robert (Beau) Blumberg, Esq. Bush Graziano Rice & Platter, P.A. Florida Bar No. 111371 100 S. Ashley Drive, Suite 1400 Deutsch Blumberg & Caballero, P.A. Tampa, FL 33602 Counsel for PLAINTIFFS Phone: (813) 228-7000 — Fax: (813) 273-0091 100 North Biscayne Boulevard, #2802 Miami, FL 33132 Primary E-mail: eserve@bgrplaw.com; vferrentino@bgrplaw.com Tel — 305-358-6329 dhensley@bgrplaw.com Attomeys for Defendants West Florida Physician Network, LLC and John Rioux s/ John M. Stewart s/ Richard K, Bowers John M. Stewart, Esquire Richard K. Bowers, Esq. Florida Bar No. 120472 Florida Bar No. 304344 Michael J. Swan, Esquire Brandon R. Scheele, Esquire Florida Bar No. 509116 Florida Bar No. 568813 Rossway Swan Tierney Barry & Oliver, P.L. Bankers Lopez Gassler, P.A. Co-Counsel for PLAINTIFFS Counsel for DILENDRA WEERASINGHE 2101 Indian River Boulevard, Suite 200 501i East Kennedy Boulevard, Suite 1700 Vero Beach, Florida 32960 Tampa, FL 33602 Telephone: (772) 231-4440 Telephone: 813-221-1500 s/ Frances G. Prockop Frances G. Prockop, Esq. Florida Bar No. 727296 Alexandra S. Farren, Esq. Florida Bar No. 1018542 Bush Graziano Rice & Platter, P.A. Counsel for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 Office: 813-228-7000 s/ Richard B. Mangan Richard B. Mangan, Jr., Esq. Florida Bar No. 947156 Kelsey T. Campbell, Esq. Florida Bar No. 1011369 Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. Counsel for Defendants Nandini Kiri, M.D. and Nandini Kiri, M.D., P.A. 1 North Dale Mabry Highway, 11th Floor Tampa, FL 33609 Telephone: (813) 221-3114 5/ Brett P. Gliosca Brett P. Gliosca, Esq. Florida Bar No. 107501 Jeffrey M. Goodis, Esq. Florida Bar No. 946524 La Cava Jacobson & Goodis, P.A. Counsel for for Defendants SOVI JOSEPH and SOVI JOSEPH, M_D., P.A. 200 Central Avenue, Suite 250 St. Petersburg, FL 33701 Office: 727-477-1013 s/ Jay P. Chimpoulis Jay P. Chimpoulis, Esq. Florida Bar No. 561533 Susanne E. Riedhammer, Esq. Florida Bar No. 159638 Chimpoulis & Hunter, P.A. Counsel for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, Ill 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 SR. m Rivas R. Ryan Rivas, Esq. Florida Bar No. 96700 Hall Booth Smith, P.C. Counsel for SUSAN BRUNER 2202 North Westshore Boulevard, Suite 200 Tampa, Florida 33607 T: 727.568.8435 s/ Daniel C. Calvert Daniel C. Calvert, Esq. Florida Bar No. 116544 Cole, Scott & Kissane, P.A. Counsel for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP 27300 Riverview Center Boulevard, Suite 200 Bonita Springs, FL 34134 Tel -239-690-7925 s/ WalterJ. Taché Walter J. Taché Florida Bar No. 028850 Email: wtache@tachebronis.com Gavrila A. Brotz Florida Bar No. 034594 Email: gbrotz@tachebronis.com service@tachebronis.com TACHE, BRONIS, AND DESCALZO, P.A. 150 S.E. 2nd Avenue Suite 600 Miami, FL 33131 Telephone: (305) 537-9565 Facsimile: (305) 537-9567 ORDER APPROVING AGREED CASE MANAGEMENT PLAN THE COURT, having reviewed the above Agreed Case Management Plan and finding it to be satisfactory, it is ORDERED AND ADJUDGED that the Agreed Case Management Plan is hereby APPROVED AND ALL PARTIES SHALL ABIDE BY THE TERMS HEREIN. je on 05/06/2021 14 2 ssa FREY H in 20000616CA. fOXP2Pock Electronic Service List Brett P. Gliosca , Daniel C. Calvert , Ron M. Campbell , Douglas B Lumpkin Summer E. Harcup, Esquire Edward R. Blumberg , , Frances Prockop , , Gavrila A. Brotz , 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 , Richard Barrett Mangan Jr. , Richard Bowers , Richard Ryan Rivas , , Barry A Postman , Scott B, Albee Ryan Stevens Summer E. Harcup , Susanne E Riedhammer , Victoria N Ferrentino , , BRANDON R SCHEELE JEFFREY M GOODIS BRETT P GLIOSCA SUSANNE E RIEDHAMMER GAVRILA A BROTZ Filing # 135308559 E-Filed 09/25/2021 08:26:49 AM IN THE CIRCUIT COURTOF THE 20™ JUDICIAL COURT IN AND FOR, CHARLOTTE COUNTY, FLORIDA. CASE NO. 2020-000616 CA 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 MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; NANDINI KIRI, M.D.; NANDINI KIRI, HARBOR MEDICAL GROUP, LLC., AHSAN KAMAL; SOVI JOSEPH, M.D.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR; ARTURO RODRIGUEZ-MARTIN, M_D.,P.L.; ARTURO RODRIGUEZ-MARTIN; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, [NC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, Ill, EXHIBIT Defendants. Pop a/ ORDER |G DEFENDANTS, LIFE CARE CENTERS OF AMERICA, INC. PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF P ‘A LIFE PHYSICIAN SERVICES, LLC., AND VANCE "S_MOTE F NSION OF TIME TO DISCLOSE EXPER’ This Cause coming before the Court on September 13, 2021 on Defendants’, Life Care Centers Of America, Inc., Punta Gorda Medical Investors, LLC d/b/a Life Care Center Of Punta Gorda, Life Care Physician Services, LLC., and Vance Maloney’s Motion For Extension Of Time To Disclose Experts And To Complete Expert Discovery and the Court having heard argument of counsel and being fully advised in the premises, it is ORDERED and ADJUDGED: 1 That said Motion is Granted. The deadline to disclose experts is extended 45 days for all parties ORDERED and ADJUDGED: EREY H in 2000061508, ‘on O¥5001 G8 0 58 22 Oct Electronic Service List Brett P. Gliosca , Daniel C. Calvert , Ron M. Campbell , Edward R. Blumberg , , Frances Prockop , , Jeffrey Goodis, Esq. Gavrila A. Brotz , 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 , , Michael John Swan , , Richard Bowers , Richard Ryan Rivas , , Barry A Postman , Ronald E. Bush Bush , WalterJ. Tache , Susanne E Riedhammer , Victoria N Ferrentino , , PETER C BURKERT DOUGLAS B LUMPKIN BRANDON R SCHEELE RICHARD B MANGAN JEFFREY M GOODIS JAY CHIMPOULIS BRETT P GLIOSCA BRETT P GLIOSCA SUSANNE E RIEDHAMMER KELSEY TAYLOR CAMPBELL RYAN STEVENS Rowena Mitchell From: Rowena Mitchell Sent: To: ‘Ron Bush’; ‘bscheele@bankeriopez.com’; ‘rhowers@bankerlopez.com’; ‘service- rbowers@bankerlopez.com’; ‘Debi Hensley’; ‘Lori Bachinski’; 'Rivver Cox’; ‘ron.campbell@csklegal.com’, ‘krystal.perez@csklegal.com’; ‘mhobbs@hallboothsmith.com’; ‘Victoria Ferrentino’; ‘daniel.calvert@csklegal.com'; ‘sriedhammer@chimpoulishunter.com’; ‘Juliette Heller’; ‘Ichimpoulis@chimpoulishunter.com’; ‘evelazquez@chimpoulishunter.com’, ‘john.emmanuel@bipc.com; 'Gavrila Brotz’; 'bgliosca@ljglegal.com'; ‘mmorgan@|jglegal.com’; ‘mhobbs@hallboothsmith.com’; 'rmessler@bgrplaw.com’; ‘Barbara Conde’; Edward Blumberg; ‘Janet Robelen’; ‘Sabrina.storno@bipc.com’ Subject: RE: 20-616-CA Burg v West FL Physicians Network - deposition of expert Dr. Arthur Herold Dear Counsel, Please be advised that Plaintiffs’ expert, Dr. Arthur Herold, is available for his Zoom deposition on Wednesday, February» 24, 2022 Please forward us your notice of taking deposition at this time. Thank you. Rowena Rowena Mitchell Assistant to Edward R. Blumberg, Esq. and Steven K, Deutsch, Esq. Deutsch Blumberg & Caballero, P.A. 100 North Biscayne Boulevard Suite 2802 Miami, Florida 33132 Tel: (305) 358-6329 Fax: (305) 358-9304. Email ~ rmitchell@deutschblumberg.com EXHIBIT C Filing # 139494585 E-Filed 12/01/2021 04:25:10 PM 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, Plain