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**** CASE NUMBER: 502024CA003037XXXAMB Div: AK ****
Filing # 195270526 E-Filed 04/02/2024 10:49:00 AM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
SAINT MARY’S MEDICAL GROUP, INC.,
a Nevada corporation; PRIME
HEALTHCARE SERVICES — RENO, LLC
dba SAINT MARY’S REGIONAL
MEDICAL CENTER, a Delaware limited
liability company,
Plaintiffs,
vs. Case No.:
PINNACLE MEDICAL GROUP,
NORTHERN NEVADA, a_ business of
unknown origin; PINNACLE MEDICAL
GROUP, a Nevada corporation; PINNACLE
MANAGEMENT GROUP NV, LLC, a
Nevada limited liability company,
PINNACLE MEDICAL GROUP (HICKS)
P.C., a Nevada corporation; CHRIS KING,
an individual,
LINDA LASSNER and
KATHERINE MCCOY, in individual DOES
I through X, inclusive,
Defendants.
/
PETITION TO HOLD PINNACLE INVESTMENT PARTNERS, LLC IN CONTEMPT
FOR FAILURE TO ABIDE BY A DULY ISSUE SUBPOENA
Petitioners SAINT MARY’S MEDICAL GROUP, INC., and PRIME HEALTHCARE
SERVICES — RENO, LLC dba SAINT MARY’S REGIONAL MEDICAL CENTER (hereinafter
“St. Mary Igs ’), by and through their undersigned counsel and pursuant to § 92.251, Fla. Stat. and
Fla. R. Civ. P. 1.410, hereby brings this Petition to hold Pinnacle Investment Partners, LLC in
contempt for failing to comply with a duly issued and served subpoena, and in support thereof,
state as follows:
Page 1 of 4
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 04/02/2024 10:49:00 AM
Relevant Factual Background
1 There parties hereto are currently engaged in litigation the Second Judicial District
Court of the State of Nevada in and for Washoe County in the matter of Saint Mary's Medical
Group, Inc. et al., v. Pinnacle Medical Group, Northern Nevada, et al., Case No CV21-00076
(hereinafter “Nevada Proceeding”).
2 Through discovery in the Nevada Proceedings, St. Mary’s has learned that Pinnacle
Investment Partners, LLC (hereinafter “PIP”), a Florida Limited Liability Company, and its
principal Dr. Arthur Hansen, M.D., are at the center of the controversy between the Parties in the
Nevada Proceeding.
3 On or about January 12, 2024, attorneys for St. Mary’s issued and served a
subpoena duces tecum upon PIP, requesting the production of records relevant to the Nevada
Proceedings by February 2, 2024. A true and correct copy of the Nevada Subpoena is attached
hereto as Exhibit A.
4 St. Mary’s then had the subpoena issued for PIP from the Circuit Court of the
Fifteenth Judicial District in and for Palm Beach County, Florida. A true and correct copy of the
Subpoena Duces Tecum issued by the Palm Beach County Clerk of Court (hereinafter “Local
Subpoena”) is attached hereto as Exhibit B.
5 The Local Subpoena was thereafter duly and properly served on PIP on January 31,
2024. A true and correct copy ofthe Return of Service is attached hereto as Exhibit C.
6. PIP has failed to produce subpoenaed documents in accordance with the subpoena
and failure to appear for deposition.
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St. Mary’s has attempted to communicate with Dr. Hansen and PIP to provide them
an opportunity to produce the subpoenaed documents and appear at the deposition, but St. Mary’s
Page 2 of 4
outreach has been ignored. True and correct copies of the correspondence from St. Mary’s to Dr.
Hansen and PIP are attached hereto as Exhibit D.
ARGUMENT
The Uniform Interstate Depositions and Discovery Act as adopted in Florida, authorizes
out of states litigants, such as St. Mary’s, to seek discovery in Florida and provides a mechanism
and procedure through which they can do so. § 92.251(3)(a), Fla. Stat. Once a valid subpoena has
been properly issued and served, out of state litigants can submit an application to this to enforce
a duly issued and served subpoena, as provided by statutes and rules of Florida. § 92.251(6), Fla.
Stat.
Pursuant to Fla. R. Civ. P. 1.410(f), “Failure by any person without adequate excuse to obey
a subpoena served on that person may be deemed a contempt of the court from which the subpoena
issued.” See also Aron v. Huttoe, 258 So. 2d 272, 273 (Fla. 3d DCA 1972) (Holding that a defendant
who failed to appear at trial pursuant to a subpoena may be summarily punished as a direct criminal
contempt after failing to provide an adequate excuse for nonappearance.)
In this case, the subpoena at issue was duly issued and served upon PIP but PIP failed to
comply with the subpoena and has offered nojustification whatsoever for nonappearance.
WHEREFORE St. Mary’s respectfully requests that this Court find PIP in contempt for
failing to abide by a duly issued and served subpoena, order PIP to comply with said subpoena,
award St. Mary’s its reasonable costs and attorney’s fees incurred in bringing this Petition, and
grant such further and other relief as this Court deems just, equitable, and proper.
Respectfully submitted,
KAUFMAN DOLOWICH LLP
/s/ Avery Dial
AVERY DIAL, ESQ.
Page 3 of 4
Florida Bar No.: 732036
Email: adial@kaufmandolowich.com
LABEED CHOUDRRY, ESQ.
Florida Bar No.: 97849
Email: labeed.choudhry@kaufmandolowich.com
One Financial Plaza
100 SE 3rd Street, Suite 1500
Fort Lauderdale, FL 33394
Phone: (954) 302-2360
Fax: (888) 464 7982
Counsel for Petitioners
Page 4 of 4
Exhibit A
1270
DYLAN W. WISEMAN, ESQ. (admitted pro hac vice)
BUCHALTER, P.C.
55 Second Street, Suite 1700
San Francisco, CA 94105-3493
Telephone: (415) 227-3506
SIMONS HALL JOHNSTON PC
MARK SIMONS, ESQ. #5132
690 Sierra Rose Drive
Reno, NV 89511
Telephone: 775-785-0088
E-mail imons@shjnevada.com;
Attorneys for Plaintiffs Saint Mary’s Medical Group, Inc.
Prime Healthcare Services - Reno, LLC dba Saint Mary’s Regional Medical Center
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IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
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IN AND FOR WASHOE COUNTY
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SAINT MARY’S MEDICAL GROUP, INC., a CASE NO. CV21-00076
13 Nevada corporation, PRIME HEALTHCARE
SERVICES — RENO, LLC dba SAINT DEPT. NO. B6
14 MARY’S REGIONAL MEDICAL CENTER, a
Delaware limited liability company,
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Plaintiffs,
16 VS.
17 PINNACLE MEDICAL GROUP, NORTHERN
NEVADA, a business of ‘unknown origin;
18 PINNACLE MEDICAL GROUP, a Nevada
corporation, PINNACLE MANAGEMENT
19 GROUP NV, LLC, a Nevada limited liability
compan
20 PINNACLE MEDICAL GROUP (HICKS)
P.C., a Nevada corporation, CHRIS KING, an
21 individual, LINDA LASSNER and
KATHERINE MCCOY, DOES I through X,
22 inclusive,
Defendants.
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IBPOENA DUCE! ‘OR BU RECORD;
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THE STATE OF NEVADA TO:
Pinnacle Investment Partners, LLC, a Florida limited liability company, c/o Arthur Hansen,
2326 S. Congress Avenue, Suite 2D, West Palm Beach, FL 33406.
YOU ARE COMMANDED, pursuant to NRCP 45, to produce and permit inspection and
copying of the books, documents, or tangible things set forth below that are in your possession,
custody, or control, by one of the following methods (check one):
Making the original business records described below available for inspection at your
business address by the attorney's representative or party appearing in proper person and
permitting copying at your business address under reasonable conditions during normal
10 business hours.
ll XX_ Delivering a true, legible, and durable copy of the business records described in the attached
12 Exhibit C to the requesting attorney, by United States mail or similar delivery service,
13 later than February 2, 2024 at 5:00 p.m., at the following address: Veritext - West Palm
14 Beach, 1400 Centrepark Blvd, Suite 605, West Palm Beach, FL 33401.
15 All documents shall be produced as they are kept in the usual course of business or shall be
16 organized and labeled to correspond with the categories listed. NRCP 45(d)(1).
17 YOU ARE FURTHER COMMANDED to authenticate the business records produced,
18 pursuant to NRS 52.260, and to provide with your production a completed Certificate of Custodian
19 of Records in substantially the form attached as Exhibit B.
20 CONTEMPT: Failure by any person without adequate excuse to obey a subpoena served
21 upon that person may be deemed a contempt of the court, NRCP 45(e), punishable by a fine not
22 exceeding $500 and imprisonment not exceeding 25 days, NRS 22.100. Additionally, a witness
23 disobeying a subpoena shall forfeit to the aggrieved party $100 and all damages sustained as a
24 result of the failure to attend, and a warrant may issue for the witness’s arrest. NRS 50.195, 50.205,
25 and 22.100(3).
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Please see the attached Exhibit A for information regarding your rights and responsibilities
telating to this Subpoena.
DATED: January 12, 2024
SIMONS HALL JOHNSTON PC
/s/Mark Simons
MARK SIMONS, ESQ.
Attorneys for Plaintiffs Saint Mary’s Medical
up; Inc.; and Prime Healthcare Services —
Reno, LLC dba Saint Mary’s Regional Medical
Center
DATED: January 12, 2024
10 BUCHALTER, P.C.
wie
i
dg, Mirza
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SEMAN, ESQ.
Attorneys for Plaintiffs Saint Mary’s Medical
Group, Inc.; and Prime Healthcare Services —
13 Reno, LLC dba Saint Mary’s Regional Medical
Center
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EXHIBIT A
NEVADA RULES OF CIVIL PROCEDURE
Rule 45
(c) Protection of Persons Subject to Subpoena.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible
for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or
expense on a person subject to the subpoena. The court that issued the subpoena must enforce this
duty and may impose an appropriate sanction — which may include lost earnings and reasonable
attorney fees — on a party or attorney who fails to comply.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required.
(i) A person commanded to produce documents, electronically stored
information, or tangible things, or to permit the inspection of premises, need not appear in person at
10 the place of production or inspection unless also commanded to appear for a deposition, hearing, or
trial.
11 (i) If documents, electronically stored information, or tangible things are
12 produced to the party that issued the subpoena without an appearance at the place of production,
that party must, unless otherwise stipulated by the parties or ordered by the court, promptly copy or
13 electronically reproduce the documents or information, photograph any tangible items not subject
to copying, and serve these items on every other party. The party that issued the subpoena may also
14 serve a statement of the reasonable cost of copying, reproducing, or photographing, which a party
receiving the copies, reproductions, or photographs must promptly pay. If a party disputes the cost,
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then the court, on motion, must determine the reasonable cost of copying the documents or
16 information, or photographing the tangible items.
(B) Objections. A person commanded to produce documents, electronically stored
17 information, or tangible things, or to permit the inspection of premises, or a person claiming a
proprietary interest in the subpoenaed documents, information, tangible things, or premises to be
18 inspected, may serve on the party or attorney designated in the subpoena a written objection to
inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises —
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or to producing electronically stored information in the form or forms requested. The person making
20 the objection must serve it before the earlier of the time specified for compliance or 14 days.after
the subpoena is served. If an objection is made:
21 (i) the party serving the subpoena is not entitled to inspect, copy, test, or sample
the materials or tangible things or to inspect the premises except by order of the court that issued
22 the subpoena;
(ii) on notice to the parties, the objecting person, and the person commanded to
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produce or permit inspection, the party serving the subpoena may move the court that issued the
24 subpoena for an order compelling production or inspection; and
(iii) if the court enters an order compelling production or inspection, the order
25 must protect the person commanded to produce or permit inspection from significant expense
resulting from compliance.
26 (3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court that issued a subpoena must quash
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or modify the subpoena if it:
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(ii) requires a person to travel to a place more than 100 miles from the place
where that person resides, is employed, or regularly transacts business in person, unless the person
is commanded to attend trial within Nevada;
(ii) requires disclosure of privileged or other protected matter and no exception
or waiver applies; or
(iv) subjects a person to an undue burden.
(B) When Permitted. On timely motion, the court that issued a subpoena may quash
or modify the subpoena if it requires disclosing:
(i) a trade secret or other confidential research, development, or commercial
information; or
(ii) an unretained expert’s opinion or information that does not describe specific
occurrences in dispute and results from the expert’s study that was not requested by a party.
C) Specifying Conditions as an Alternative. In the circumstances described in Rule
45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order an appearance or
production under specified conditions if the party serving the subpoena:
@) shows a substantial need for the testimony or material that cannot be
10 otherwise met without undue hardship; and
i) ensures that the subpoenaed person will be reasonably compensated.
ll (d) Duties in Responding to a Subpoena.
(1) Producing Documents or Electronically Stored Information. These procedures
12 apply to producing documents or electronically stored information:
(A) Documents. A person responding to a subpoena to produce documents must
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produce them as they are kept in the ordinary course of business or must organize and label them to
14 correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified. If a
15 subpoena does not specify a form for producing electronically stored information, the person
responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably
16 usable form or forms.
17 (C) Electronically Stored Information Produced in Only One Form. The person
responding need not produce the same electronically stored information in more than one form.
18 (D) Inaccessible Electronically Stored Information. The person responding need
not provide discovery of electronically stored information from sources that the person identifies as
19 not reasonably accessible because of undue burden or cost. On motion to compel discovery or fora
protective order, the person responding must show that the information is not reasonably accessible
20 because of undue burden or cost. If that showing is made, the court may nonetheless order discovery
21 from such sources if the requesting party shows good cause, considering the limitations of Rule
26(b)(2)(C). The court may specify conditions for the discovery.
.
22 (2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information under a
claim that it is privileged or subject to protection as trial-preparation material must:
(i) expressly make the claim; and
} (ii) describe the nature of the withheld documents, communications, or tangible
25 things in a manner that, without revealing information itself privileged or protected, will enable the
parties to assess the claim.
26 (B) Information Produced. If information produced in response to a subpoena is
subject to a claim of privilege or of protection as trial-preparation material, the person making the
27 claim may notify any party that received the information of the claim and the basis for it. After being
notified, a party must promptly return, sequester, or destroy the specified information and any copies
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it has; must not use or disclose the information until the claim is resolved; must take reasonable
steps to retrieve the information if the party disclosed it before being notified; and may promptly
present the information under seal to the court for a determination of the claim. The person who
produced the information must preserve the information until the claim is resolved.
(e) Contempt; Costs. Failure by any person without adequate excuse to obey a subpoena
served upon that person may be deemed a contempt of the court that issued the subpoena. In
connection with a motion for a protective order brought under Rule 26(c), a motion to compel
brought under Rule 45(c)(2)(B), or a motion to quash or modify the subpoena brought under Rule
45(c)(3), the court may consider the provisions of Rule 37(a)(5) in awarding the prevailing person
reasonable expenses incurred in making or opposing the motion.
[Amended; effective March 1, 2019.]
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EXHIBIT B
CERTIFICATE OF CUSTODIAN OF RECORDS
L » am employed
(name) y
(uame of entity)
My official title is
Gilley
I certify that each of the records attached hereto is the original or duplicate of the original
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records in the custody of
11 (uame of entity)
12 I further certify that:
13 A) such records were made, at or near the time of the occurrence of the
matters set forth, by (or from information transmitted by) a person
14 with knowledge of those matters;
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B) such records were kep' t in the course of a regularly conducted
business activity;
c) the business activity made such records as a regular practice;
16 D) if such records is not the original, such record is a duplicate of the
original.
17
18 I certify under penalty of perjury that the foregoing is true and correct,
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Signature
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Executed on this day of
23 (day) (month) (year)
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at
25 (ity) Giats)
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EXHIBIT C
DEFINITIONS
For purposes of the Items to Be Produced, the following terms have the meaning set forth
below:
1 Where the context herein makes it appropriate, each singular word shall include its
plural and each plural word shall include its singular. “ANY” as well as “OR” shall be construed
either disjunctively OR conjunctively as necessary to be within the scope of the discovery. Each of
the following words include the meaning of every other word: “EACH,” “EVERY,” “ALL,”
and
“ANY.” The present tense shall be construed to include the past tense and the past tense shall be
construed to include the present tense. The masculine shall be construed in the generic sense.
10
2. As used herein, the terms “COMMUNICATION” or “COMMUNICATIONS”
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means any oral, written, or symbolic expression or interchange of any type, and includes but is not
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limited to letter, memorandum, facsimile transmission, facsimile cover page teletype, telegraph,
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telephone conversation, telephone message, electronic mail message (or “email”), electronic
14
calendar entry or invitation/response, or voicemail message, or any and all “cc” or “bcc” copies of
15
any of the above with all attachments included. As used herein, the terms “COMMUNICATION”
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AND “COMMUNICATIONS” further mean AND include correspondence, conversations AND
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ALL other forms of information exchange, whether written, verbal, by telephone, electronic mail,
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text, instant message, “Slack” account, facsimile, OR other mode of transmission and includes all
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attachments to such COMMUNICATIONS.
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3. As used herein, the term “DEPARTING EMPLOYEES” shall mean any of the
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following individuals: Kristin Astrom, Jessica Curti, Katie Dolan, Randi Grinsell, John Hess, Kevin
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Ogden, Veronica Sutherland, Megan Clowers, Staci Dooley, Ansley Winter, Ryan Aiazzi, Teri
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Schmidt, Cathy McNamara, Kevin Ogden, Rommel Co, Carissa Kasper, Cat Estipona, Katie Lydon,
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Linda Lassner, and Katherine McCoy (a.k.a. Kathy McCoy).
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4 As used herein, the terms “DOCUMENT” or “DOCUMENTS” mean “writings” and
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“recordings” as defined by NRS_ 52.225, including without limitation any e-mail, letter, notes, audio
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or video recordings, photographs, any writing or picture located on a computer or computer-related
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storage such as a disk or other extemal memory device, any writing or graphic matter, however
produced or reproduced, of any kind or description, whether sent or received, including
original
copies, drafts and both sides thereof, regardless of their author or origin, or however
denominated
by the recipient of this Subpoena, DOCUMENTS also include Electronically Stored Informati
on.
(“ESI”), as defined below, on any computer media or device in the Responding party’s actual or
Constructive possession, custody, or control;
5 “NORTHERN NEVADA HEALTH SYSTEM” shall mean, collectively, Northern
Nevada Health System, which is owned and operated by a subsidiary of Universal Health Services,
Inc., its employees, representatives, attorneys, accountants, agents, officers, directors,
shareholders,
10 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its
1 behalf or in concert with it.
12 6. “NORTHERN NEVADA MEDICAL CENTER” shall mean, collectively, Sparks
13 Family Hospital, Inc., a Nevada corporation, dba Northern Nevada Medical Center, its employees,
14 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents,
15 subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert
16 with it.
17 7 “PALM BEACH ACO” means the Palm Beach Accountable Care Organization and
18 its employees, representatives, attorneys, accountants, agents, officers, directors, shareholders;
19 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its
20 behalf or in concert with it.
21 8 As used herein, “PERSON” and “PERSONS” shall include a natural PERSON,
22 corporation, partnership, attorneys, unincorporated association, or firm, or any other kind of
23 business or legal entity, its agents, employees, and representatives.
As used herein, “PERSON” and “PERSONS” shall include a natural PERSON, corporation,
25 partnership, attorneys, unincorporated association, or firm, or any other kind of business or legal
26 entity, its agents, employees, and representatives.
27 9. “PINNACLE” shall mean, PINNACLE MEDICAL GROUP (HICKS) P.C., dba
28 “PINNACLE MEDICAL GROUP,” AND its employees, representatives, attorneys, accountants,
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agents, officers, directors, shareholders, affiliates, parents, subsidiaries,
including any entity that
was converted into PINNACLE MANAGEMENT GROUP, NV, LLC, and ANY AND ALL
PERSONS acting or purporting to act on its behalf or in concert with it.
“PINNACLE” further
includes all those acting on behalfof what would become the legal entities carryin
g on business as
“Pinnacle Medical Group.”
10, “PROMINENCE HEALTH PLAN” shall mean, collectively, Prominence
HealthFirst, a Nevada corporation, dba Prominence Health Plan, its employees, represen
tatives,
attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents,
subsidiaries, and
ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert with
it.
10 11. “TEXT MESSAGES, IMs, and SMS MESSAGES” means flor “TEXT
1 MESSAGES” alphanumeric and emoji communications between cell phones or other
hand-held
12 devices, including tablets as implemented by a wireless carrier, and includes direct
messages in any
13 form of social media application “IMs” means instant messages sent via the internet that
appear on
14 the recipient’s screen once transmitted. “SMS messages” means short message service which is’a
15 text messaging service component of telephone, internet and mobile device systems,
16 12. “UNIVERSAL HEALTH SERVICES, INC.” or “UHS” shall mean, collectively
17 Universal Health Services, Inc., a Delaware corporation based out of King of Prussia, PA, ‘its
18 employees, representatives, attorneys, accountants, agents, officers, directors, shareholders,
19 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its
20 behalf or in concert with it, including UHS of Delaware, Inc., and any of its employees,
21 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents,
22 subsidiaries.
13. “VERA WHOLE HEALTH” shall mean, collectively, Vera Whole Health, Inc.; a
Washington corporation, registeredto do business as a foreign corporation in Nevada, its employees,
25 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents,
26 subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its behalfor in concert
27 with it.
28 14, “YOU” and “YOUR” mean the person or entity responding to this subpoena, and
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any agents, affiliates, representatives,
ITEMS TO BE PRODUCED
1 ALL DOCUMENTS, including any contracts, letters. of intent, or memoranda of
understanding under which UHS acquired any interest in PINNACLE.
2. ALL DOCUMENTS, including any contracts, letters or intent, or memoranda of
understating by which UHS obtained any right or option to exercise
such that it could acquire any
interest in PINNACLE.
3 ALL CORRESPONDENCE, including any draft versions of any contracts,
letters of
intent, or memoranda of understanding which mention, summar
ize or discuss UHS acquiring any
10 interest in PINNACLE.
11 4. ALL DOCUMENTS which identify the PERSONS who have, or had, any
ownership
12 interest in YOU.
13 5. ALL DOCUMENTS which mention, describe, or summarize any of the owners of
14 PINNACLE transferring their interests to YOU dated on or before May
10, 2022.
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Exhibit B
IN THB CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
Case No. |
Saint Mary's Medical Group, Inc., ef al.
Plaintiff(s)/Petitioner
Pinnacle Medical Group, Northern
Nevada, et al.
Defendant(s)
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO: Pinn: to | tment Partne: a Floriga ll ited abl 30 pany,.c/o Arthur
"ARE COM NANDE toasnuerm Varker
tr 66
YOU
1400 Centrepark Blvd., Sulte 605, West Palm Beach, FL 33401
RWPR
in, Fietida, on 27224
, Florida, on 2/2/24 , at 5:00 pm (a.m./p.m.), and to have
with you at that time and place the following:
See attached
These items will be inspectod and may bo copied at that time. You will not be required to sunender
the original items. You may comply with this subpoona by providing logiblo copies of the items to be
produced to the attorney whose namo appears on this subpoona on or before the scheduled dato of
production. You may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation, You may mail or deliver the copies to the attorney whose name
appears on this subpoona and thoroby eliminate your appearance at the time and place specified
above. You have the right to object to the production pursuant to this subpoona at any time before
production by giving written notice to the attorney whose name appears on this subpoena, THIS
WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
Ifyou fai! to:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of court. You are subpoonaed to appear by the following attorney, and
unless excused from this subpoena by this attorney or the court, you must respond to this
subpoena as directed:
Name: Dylan Wiseman
Attorney for; Plaintiffs
Address:500 Capitol Mall, Suite 1900
Sacramento, CA 95814 —
Bar No.; CA 173669
DATED on — \ as [Aer
IT}co; TR
rr Joseph Abruzzo
LA 8 Clerk of the Circuit Court
) rs) py
4)
a ‘iN
Ne, As Deputy Clerk
‘ous alee
co: rt di s of all other rhe:
of record or pro se parties to the case here)
Mark Simons, 690 Sierra Rose Drive
Reno,
NVSY5TT
Patrick Gallagher/John Gallagher, 100 W.
Liberty St, Suite 800, Reno, NV 89505
Charles Welr, 2049 Century Park East
Sulte 1700, Los Angeles, CA 90067
EXHIBIT C
DEFINITIONS
For purposes of the Items to Be Produced, the following terms have the meaning set forth
below:
1 Where the context herein makes it appropriate, each singular word shall include its
plural and each plural word shall include its singular. “ANY” as well as “OR” shall be construed
either disjunctively OR conjunctively as necessary to be within the scope of the discovery. Each of
the following words include the meaning of every other word: “EACH,” “EVERY,” “ALL,” and
“ANY.” The present tense shall be construed to include the past tense and the past tense shall be
construed to include the present tense. The masculine shall be construed in the generic sense.
10
2. As used herein, the terms “COMMUNICATION” or “COMMUNICATIONS”
11
means any oral, written, or symbolic expression or interchange of any type, and includes but is not
12
limited to letter, memorandum, facsimile transmission, facsimile cover page teletype, telegraph,
13
telephone conversation, telephone message, electronic mail message (or “email”), electronic
14
calendar entry or invitation/response, or voicemail message, or any and all “cc” or “bec” copies of
15
any of the above with all attachments included. As used herein, the terms “COMMUNICATION”
16
AND “COMMUNICATIONS?” further mean AND include correspondence, conversations AND
17
ALL other forms of information exchange, whether written, verbal, by telephone, electronic mail,
18
text, instant message, “Slack” account, facsimile, OR other mode of transmission and includes all
19
attachments to such COMMUNICATIONS.
20
3 As used herein, the term “DEPARTING EMPLOYEES” shall mean any of the
21
following individuals: Kristin Astrom, Jessica Curti, Katie Dolan, Randi Grinsell, John Hess, Kevin
22
Ogden, Veronica Sutherland, Megan Clowers, Staci Dooley, Ansley Winter, Ryan Aiazzi, Teri
23
Schmidt, Cathy McNamara, Kevin Ogden, Rommel Co, Carissa Kasper, Cat Estipona, Katie Lydon,
24
Linda Lassner, and Katherine McCoy (a.k.a. Kathy McCoy).
25
4. As used herein, the terms “DOCUMENT” or “DOCUMENTS” mean “writings” and
26
“recordings” as defined by NRS 52.225, including without limitation any e-mail, letter, notes, audio
27
or video recordings, photographs, any writing or picture located on a computer or computer-related
28
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storage such as a disk or other external memory device, any writing or graphic matter, however
produced or reproduced, of any kind or description, whether sent or received, including original
copies, drafts and both sides thereof, regardless of their author or origin, or however denominated
by the recipient of this Subpoena, DOCUMENTS also include Electronically Stored Information
CESI”), as defined below, on any computer media or device in the Responding party’s actual or
constructive possession, custody, or control;
5 “NORTHERN NEVADA HEALTH SYSTEM” shall mean, collectively, Northern
Nevada Health System, which is owned and operated by a subsidiary of Universal Health Services,
Inc., its employees, representatives, attorneys, accountants, agents, officers, directors, shareholders,
10 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its
Il behalf or in concert with it.
12 6. “NORTHERN NEVADA MEDICAL CENTER?” shall mean, collectively, Sparks
13 Family Hospital, Inc., a Nevada corporation, dba Northern Nevada Medical Center, its employees,
14 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents,
15 subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert
16 with it.
17 7 “PALM BEACH ACO” means the Palm Beach Accountable Care Organization and
18 its employees, representatives, attorneys, accountants, agents, officers, directors, shareholders,
19 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its
20 behalf or in concert with it.
21 8 As used herein, “PERSON” and “PERSONS” shall include a natural PERSON,
22 corporation, partnership, attorneys, unincorporated association, or firm, or any other kind of
23 business or legal entity, its agents, employees, and representatives.
24 As used herein, “PERSON” and “PERSONS” shall include a natural PERSON, corporation,
25 partnership, attorneys, unincorporated association, or firm, or any other kind of business or legal
26 entity, its agents, employees, and representatives.
27 9. “PINNACLE” shall mean, PINNACLE MEDICAL GROUP (HICKS) P.C., dba
28 “PINNACLE MEDICAL GROUP,” AND its employees, representatives, attorneys, accountants,
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BN 80446707v1
agents, officers, directors, shareholders, affiliates, parents, subsidiaries, including any entity that
was converted into PINNACLE MANAGEMENT GROUP, NV, LLC, and ANY AND ALL
PERSONS acting or purporting to act on its behalf or in concert with it. “PINNACLE” further
includes all those acting on behalf of what would become the legal entities carrying on business as
“Pinnacle Medical Group.”
10. “PROMINENCE HEALTH PLAN” shall mean, collectively, Prominence
HealthFirst, a Nevada corporation, dba Prominence Health Plan, its employees, representatives,
attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents, subsidiaries, and
ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert with it.
10 ll. “TEXT MESSAGES, IMs, and SMS MESSAGES” means flor “TEXT
11 MESSAGES” alphanumeric and emoji communications between cell phones or other hand-held
12 devices, including tablets as implemented by a wireless carrier, and includes direct messages in any
13 form of social media application “IMs” means instant messages sent via the internet that appear on
14 the recipient’s screen once transmitted. “SMS messages” means short message service which is a
15 text messaging service component of telephone, internet and mobile device systems.
16 12. “UNIVERSAL HEALTH SERVICES, INC.” or “UHS” shall mean, collectively
17 Universal Health Services, Inc., a Delaware corporation based out of King of Prussia, PA, its
18 employees, representatives, attorneys, accountants, agents, officers, directors, shareholders,
19 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its
20 behalf or in concert with it, including UHS of Delaware, Inc., and any of its employees,
21 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents,
22 subsidiaries,
23 13. “VERA WHOLE HEALTH” shall mean, collectively, Vera Whole Health, Inc., a
24 Washington corporation, registered to do business as a foreign corporation in Nevada, its employees,
25 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents,
26 subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert
27 with it.
28 14, “YOU” and “YOUR” mean the person or entity responding to this subpoena, and
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BN 80446707v1
any agents, affiliates, representatives.
ITEMS TO BE PRODUCED
1 ALL DOCUMENTS, including any contracts, letters of intent, or memoranda of
understanding under which UHS acquired any interest in PINNACLE.
2. ALL DOCUMENTS, including any contracts, letters or intent, or memoranda of
understating by which UHS obtained any right or option to exercise such that it could acquire any
interest in PINNACLE.
3 ALL CORRESPONDENCE, including any draft versions of any contracts, letters of
intent, or memoranda of understanding which mention, summarize or discuss UHS acquiring any
10 interest in PINNACLE.
il 4 ALL DOCUMENTS which identify the PERSONS who have, or had, any ownership
12 interest in YOU.
13 5 ALL DOCUMENTS which mention, describe, or summarize any of the owners of
14 PINNACLE transferring their interests to YOU dated on or before May 10, 2022.
15
16
17
18
19
20
21
22
23
24
25
26
27
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BN 804467071
Exhibit C te
Attorney or Party without Attorney:
For Court Use Only
Mark Simons, Esq. (SBN 5132)
SIMONS HALL JOHNSTON
2326 South Congress Avenue # 2D
Palm Springs, FL 33406
Telephone No:
Attorney For: Plaintiffs Saint Mary's Medical Ref: No. or File No.:
Group, Inc. ; Prime Healthcare 130806.001
Services -Reno, LLC dba Saint Mary's
Regional Medical Center
insert name of Court, and judictal District and Branch Court:
INTHE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA
Plaintiff: Saint Mary's Medical Group, Inc,, et al.
Defendant: Pinnacle Medical Group, Northern Nevada, et al.
PROOF OF SERVICE Hearlng Date: Time: DeptiDiv; Case Number:
2/2124 5:00 PM
1, At the time of service | was at least 18 years of age and not a partyto this action.
I served coples of the Subpoenfor
a Duces Tecum (FL); Subpoena Duces Tecum for Business Records (NV); Notice of intent
to
Service Subpoena Duces Tecum for Business Records (NV)
a Party served: PINNACLE INVESTMENT PARTNERS , LLC a Florida limited liability company c/o Arthur Hansen °
4, Person served: "Jane Doe" - Manager
Desc: White , Female , Age: 40 , Halr: Blond , Helght: 53”, Welght: 125
Address where the party wos served: 2326 South Congress Avenue #2D, Palm Springs, FL 33406
5. I served the party:
a, by personal service. | personally delivered the documents listed In Item 2 to the party or person authorized to receive
process for the party (1) on: Wed, Jan 31 2024 (2) at; 11:45AM.
Person Who Served Papers:
a. Ivan Almonte d. The Fee for Service was?
b, FIRST LEGAL
NEVADA PI/PS LICENSE 1452
2920 N Green Valley Pkwy, Suite 514
Henderson, NV 89014
¢. (702) 671-4002
7, I declare under penalty of perjury that the foregoing is true and correct,
22-274 SS
(Date) (Signature)
PROOF OF 10304672
SERVICE (55232731)
we
Preview
**** CASE NUMBER: 502024CA003037XXXAMB Div: AK **** Filing # 195270526 E-Filed 04/02/2024 10:49:00 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA SAINT MARY’S MEDICAL GROUP, INC., a Nevada corporation; PRIME HEALTHCARE SERVICES — RENO, LLC dba SAINT MARY’S REGIONAL MEDICAL CENTER, a Delaware limited liability company, Plaintiffs, vs. Case No.: PINNACLE MEDICAL GROUP, NORTHERN NEVADA, a_ business of unknown origin; PINNACLE MEDICAL GROUP, a Nevada corporation; PINNACLE MANAGEMENT GROUP NV, LLC, a Nevada limited liability company, PINNACLE MEDICAL GROUP (HICKS) P.C., a Nevada corporation; CHRIS KING, an individual, LINDA LASSNER and KATHERINE MCCOY, in individual DOES I through X, inclusive, Defendants. / PETITION TO HOLD PINNACLE INVESTMENT PARTNERS, LLC IN CONTEMPT FOR FAILURE TO ABIDE BY A DULY ISSUE SUBPOENA Petitioners SAINT MARY’S MEDICAL GROUP, INC., and PRIME HEALTHCARE SERVICES — RENO, LLC dba SAINT MARY’S REGIONAL MEDICAL CENTER (hereinafter “St. Mary Igs ’), by and through their undersigned counsel and pursuant to § 92.251, Fla. Stat. and Fla. R. Civ. P. 1.410, hereby brings this Petition to hold Pinnacle Investment Partners, LLC in contempt for failing to comply with a duly issued and served subpoena, and in support thereof, state as follows: Page 1 of 4 FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 04/02/2024 10:49:00 AM Relevant Factual Background 1 There parties hereto are currently engaged in litigation the Second Judicial District Court of the State of Nevada in and for Washoe County in the matter of Saint Mary's Medical Group, Inc. et al., v. Pinnacle Medical Group, Northern Nevada, et al., Case No CV21-00076 (hereinafter “Nevada Proceeding”). 2 Through discovery in the Nevada Proceedings, St. Mary’s has learned that Pinnacle Investment Partners, LLC (hereinafter “PIP”), a Florida Limited Liability Company, and its principal Dr. Arthur Hansen, M.D., are at the center of the controversy between the Parties in the Nevada Proceeding. 3 On or about January 12, 2024, attorneys for St. Mary’s issued and served a subpoena duces tecum upon PIP, requesting the production of records relevant to the Nevada Proceedings by February 2, 2024. A true and correct copy of the Nevada Subpoena is attached hereto as Exhibit A. 4 St. Mary’s then had the subpoena issued for PIP from the Circuit Court of the Fifteenth Judicial District in and for Palm Beach County, Florida. A true and correct copy of the Subpoena Duces Tecum issued by the Palm Beach County Clerk of Court (hereinafter “Local Subpoena”) is attached hereto as Exhibit B. 5 The Local Subpoena was thereafter duly and properly served on PIP on January 31, 2024. A true and correct copy ofthe Return of Service is attached hereto as Exhibit C. 6. PIP has failed to produce subpoenaed documents in accordance with the subpoena and failure to appear for deposition. 7 St. Mary’s has attempted to communicate with Dr. Hansen and PIP to provide them an opportunity to produce the subpoenaed documents and appear at the deposition, but St. Mary’s Page 2 of 4 outreach has been ignored. True and correct copies of the correspondence from St. Mary’s to Dr. Hansen and PIP are attached hereto as Exhibit D. ARGUMENT The Uniform Interstate Depositions and Discovery Act as adopted in Florida, authorizes out of states litigants, such as St. Mary’s, to seek discovery in Florida and provides a mechanism and procedure through which they can do so. § 92.251(3)(a), Fla. Stat. Once a valid subpoena has been properly issued and served, out of state litigants can submit an application to this to enforce a duly issued and served subpoena, as provided by statutes and rules of Florida. § 92.251(6), Fla. Stat. Pursuant to Fla. R. Civ. P. 1.410(f), “Failure by any person without adequate excuse to obey a subpoena served on that person may be deemed a contempt of the court from which the subpoena issued.” See also Aron v. Huttoe, 258 So. 2d 272, 273 (Fla. 3d DCA 1972) (Holding that a defendant who failed to appear at trial pursuant to a subpoena may be summarily punished as a direct criminal contempt after failing to provide an adequate excuse for nonappearance.) In this case, the subpoena at issue was duly issued and served upon PIP but PIP failed to comply with the subpoena and has offered nojustification whatsoever for nonappearance. WHEREFORE St. Mary’s respectfully requests that this Court find PIP in contempt for failing to abide by a duly issued and served subpoena, order PIP to comply with said subpoena, award St. Mary’s its reasonable costs and attorney’s fees incurred in bringing this Petition, and grant such further and other relief as this Court deems just, equitable, and proper. Respectfully submitted, KAUFMAN DOLOWICH LLP /s/ Avery Dial AVERY DIAL, ESQ. Page 3 of 4 Florida Bar No.: 732036 Email: adial@kaufmandolowich.com LABEED CHOUDRRY, ESQ. Florida Bar No.: 97849 Email: labeed.choudhry@kaufmandolowich.com One Financial Plaza 100 SE 3rd Street, Suite 1500 Fort Lauderdale, FL 33394 Phone: (954) 302-2360 Fax: (888) 464 7982 Counsel for Petitioners Page 4 of 4 Exhibit A 1270 DYLAN W. WISEMAN, ESQ. (admitted pro hac vice) BUCHALTER, P.C. 55 Second Street, Suite 1700 San Francisco, CA 94105-3493 Telephone: (415) 227-3506 SIMONS HALL JOHNSTON PC MARK SIMONS, ESQ. #5132 690 Sierra Rose Drive Reno, NV 89511 Telephone: 775-785-0088 E-mail imons@shjnevada.com; Attorneys for Plaintiffs Saint Mary’s Medical Group, Inc. Prime Healthcare Services - Reno, LLC dba Saint Mary’s Regional Medical Center 10 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA 11 IN AND FOR WASHOE COUNTY 12 SAINT MARY’S MEDICAL GROUP, INC., a CASE NO. CV21-00076 13 Nevada corporation, PRIME HEALTHCARE SERVICES — RENO, LLC dba SAINT DEPT. NO. B6 14 MARY’S REGIONAL MEDICAL CENTER, a Delaware limited liability company, 15 Plaintiffs, 16 VS. 17 PINNACLE MEDICAL GROUP, NORTHERN NEVADA, a business of ‘unknown origin; 18 PINNACLE MEDICAL GROUP, a Nevada corporation, PINNACLE MANAGEMENT 19 GROUP NV, LLC, a Nevada limited liability compan 20 PINNACLE MEDICAL GROUP (HICKS) P.C., a Nevada corporation, CHRIS KING, an 21 individual, LINDA LASSNER and KATHERINE MCCOY, DOES I through X, 22 inclusive, Defendants. 23 IBPOENA DUCE! ‘OR BU RECORD; 25 26 27 28 «1. mar ana scann. THE STATE OF NEVADA TO: Pinnacle Investment Partners, LLC, a Florida limited liability company, c/o Arthur Hansen, 2326 S. Congress Avenue, Suite 2D, West Palm Beach, FL 33406. YOU ARE COMMANDED, pursuant to NRCP 45, to produce and permit inspection and copying of the books, documents, or tangible things set forth below that are in your possession, custody, or control, by one of the following methods (check one): Making the original business records described below available for inspection at your business address by the attorney's representative or party appearing in proper person and permitting copying at your business address under reasonable conditions during normal 10 business hours. ll XX_ Delivering a true, legible, and durable copy of the business records described in the attached 12 Exhibit C to the requesting attorney, by United States mail or similar delivery service, 13 later than February 2, 2024 at 5:00 p.m., at the following address: Veritext - West Palm 14 Beach, 1400 Centrepark Blvd, Suite 605, West Palm Beach, FL 33401. 15 All documents shall be produced as they are kept in the usual course of business or shall be 16 organized and labeled to correspond with the categories listed. NRCP 45(d)(1). 17 YOU ARE FURTHER COMMANDED to authenticate the business records produced, 18 pursuant to NRS 52.260, and to provide with your production a completed Certificate of Custodian 19 of Records in substantially the form attached as Exhibit B. 20 CONTEMPT: Failure by any person without adequate excuse to obey a subpoena served 21 upon that person may be deemed a contempt of the court, NRCP 45(e), punishable by a fine not 22 exceeding $500 and imprisonment not exceeding 25 days, NRS 22.100. Additionally, a witness 23 disobeying a subpoena shall forfeit to the aggrieved party $100 and all damages sustained as a 24 result of the failure to attend, and a warrant may issue for the witness’s arrest. NRS 50.195, 50.205, 25 and 22.100(3). 26 Mt 27 Mt 28 Mt -2- Marans acnant Please see the attached Exhibit A for information regarding your rights and responsibilities telating to this Subpoena. DATED: January 12, 2024 SIMONS HALL JOHNSTON PC /s/Mark Simons MARK SIMONS, ESQ. Attorneys for Plaintiffs Saint Mary’s Medical up; Inc.; and Prime Healthcare Services — Reno, LLC dba Saint Mary’s Regional Medical Center DATED: January 12, 2024 10 BUCHALTER, P.C. wie i dg, Mirza 12 SEMAN, ESQ. Attorneys for Plaintiffs Saint Mary’s Medical Group, Inc.; and Prime Healthcare Services — 13 Reno, LLC dba Saint Mary’s Regional Medical Center 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- war ans aenanet EXHIBIT A NEVADA RULES OF CIVIL PROCEDURE Rule 45 (c) Protection of Persons Subject to Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court that issued the subpoena must enforce this duty and may impose an appropriate sanction — which may include lost earnings and reasonable attorney fees — on a party or attorney who fails to comply. (2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. (i) A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at 10 the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. 11 (i) If documents, electronically stored information, or tangible things are 12 produced to the party that issued the subpoena without an appearance at the place of production, that party must, unless otherwise stipulated by the parties or ordered by the court, promptly copy or 13 electronically reproduce the documents or information, photograph any tangible items not subject to copying, and serve these items on every other party. The party that issued the subpoena may also 14 serve a statement of the reasonable cost of copying, reproducing, or photographing, which a party receiving the copies, reproductions, or photographs must promptly pay. If a party disputes the cost, 15 then the court, on motion, must determine the reasonable cost of copying the documents or 16 information, or photographing the tangible items. (B) Objections. A person commanded to produce documents, electronically stored 17 information, or tangible things, or to permit the inspection of premises, or a person claiming a proprietary interest in the subpoenaed documents, information, tangible things, or premises to be 18 inspected, may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises — 19 or to producing electronically stored information in the form or forms requested. The person making 20 the objection must serve it before the earlier of the time specified for compliance or 14 days.after the subpoena is served. If an objection is made: 21 (i) the party serving the subpoena is not entitled to inspect, copy, test, or sample the materials or tangible things or to inspect the premises except by order of the court that issued 22 the subpoena; (ii) on notice to the parties, the objecting person, and the person commanded to 23 produce or permit inspection, the party serving the subpoena may move the court that issued the 24 subpoena for an order compelling production or inspection; and (iii) if the court enters an order compelling production or inspection, the order 25 must protect the person commanded to produce or permit inspection from significant expense resulting from compliance. 26 (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the court that issued a subpoena must quash 27 or modify the subpoena if it: 28 (i) fails to allow reasonable time for compliance; -4- aranaacnantt (ii) requires a person to travel to a place more than 100 miles from the place where that person resides, is employed, or regularly transacts business in person, unless the person is commanded to attend trial within Nevada; (ii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to an undue burden. (B) When Permitted. On timely motion, the court that issued a subpoena may quash or modify the subpoena if it requires disclosing: (i) a trade secret or other confidential research, development, or commercial information; or (ii) an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party. C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order an appearance or production under specified conditions if the party serving the subpoena: @) shows a substantial need for the testimony or material that cannot be 10 otherwise met without undue hardship; and i) ensures that the subpoenaed person will be reasonably compensated. ll (d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information. These procedures 12 apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents must 13 produce them as they are kept in the ordinary course of business or must organize and label them to 14 correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. If a 15 subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably 16 usable form or forms. 17 (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. 18 (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as 19 not reasonably accessible because of undue burden or cost. On motion to compel discovery or fora protective order, the person responding must show that the information is not reasonably accessible 20 because of undue burden or cost. If that showing is made, the court may nonetheless order discovery 21 from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. . 22 (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and } (ii) describe the nature of the withheld documents, communications, or tangible 25 things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. 26 (B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the 27 claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies 28 -5- maronaacnana it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved. (e) Contempt; Costs. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court that issued the subpoena. In connection with a motion for a protective order brought under Rule 26(c), a motion to compel brought under Rule 45(c)(2)(B), or a motion to quash or modify the subpoena brought under Rule 45(c)(3), the court may consider the provisions of Rule 37(a)(5) in awarding the prevailing person reasonable expenses incurred in making or opposing the motion. [Amended; effective March 1, 2019.] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 -6- Parana aenanct EXHIBIT B CERTIFICATE OF CUSTODIAN OF RECORDS L » am employed (name) y (uame of entity) My official title is Gilley I certify that each of the records attached hereto is the original or duplicate of the original 10 records in the custody of 11 (uame of entity) 12 I further certify that: 13 A) such records were made, at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person 14 with knowledge of those matters; 15 B) such records were kep' t in the course of a regularly conducted business activity; c) the business activity made such records as a regular practice; 16 D) if such records is not the original, such record is a duplicate of the original. 17 18 I certify under penalty of perjury that the foregoing is true and correct, 19 20 Signature 21 22 Executed on this day of 23 (day) (month) (year) 24 at 25 (ity) Giats) 26 27 28 -7- at ana seman EXHIBIT C DEFINITIONS For purposes of the Items to Be Produced, the following terms have the meaning set forth below: 1 Where the context herein makes it appropriate, each singular word shall include its plural and each plural word shall include its singular. “ANY” as well as “OR” shall be construed either disjunctively OR conjunctively as necessary to be within the scope of the discovery. Each of the following words include the meaning of every other word: “EACH,” “EVERY,” “ALL,” and “ANY.” The present tense shall be construed to include the past tense and the past tense shall be construed to include the present tense. The masculine shall be construed in the generic sense. 10 2. As used herein, the terms “COMMUNICATION” or “COMMUNICATIONS” ll means any oral, written, or symbolic expression or interchange of any type, and includes but is not 12 limited to letter, memorandum, facsimile transmission, facsimile cover page teletype, telegraph, 13 telephone conversation, telephone message, electronic mail message (or “email”), electronic 14 calendar entry or invitation/response, or voicemail message, or any and all “cc” or “bcc” copies of 15 any of the above with all attachments included. As used herein, the terms “COMMUNICATION” 16 AND “COMMUNICATIONS” further mean AND include correspondence, conversations AND 17 ALL other forms of information exchange, whether written, verbal, by telephone, electronic mail, 18 text, instant message, “Slack” account, facsimile, OR other mode of transmission and includes all 19 attachments to such COMMUNICATIONS. 20 3. As used herein, the term “DEPARTING EMPLOYEES” shall mean any of the 21 following individuals: Kristin Astrom, Jessica Curti, Katie Dolan, Randi Grinsell, John Hess, Kevin 22 Ogden, Veronica Sutherland, Megan Clowers, Staci Dooley, Ansley Winter, Ryan Aiazzi, Teri 23 Schmidt, Cathy McNamara, Kevin Ogden, Rommel Co, Carissa Kasper, Cat Estipona, Katie Lydon, 24 Linda Lassner, and Katherine McCoy (a.k.a. Kathy McCoy). 25 4 As used herein, the terms “DOCUMENT” or “DOCUMENTS” mean “writings” and 26 “recordings” as defined by NRS_ 52.225, including without limitation any e-mail, letter, notes, audio 27 or video recordings, photographs, any writing or picture located on a computer or computer-related 28 ~8- warns enn storage such as a disk or other extemal memory device, any writing or graphic matter, however produced or reproduced, of any kind or description, whether sent or received, including original copies, drafts and both sides thereof, regardless of their author or origin, or however denominated by the recipient of this Subpoena, DOCUMENTS also include Electronically Stored Informati on. (“ESI”), as defined below, on any computer media or device in the Responding party’s actual or Constructive possession, custody, or control; 5 “NORTHERN NEVADA HEALTH SYSTEM” shall mean, collectively, Northern Nevada Health System, which is owned and operated by a subsidiary of Universal Health Services, Inc., its employees, representatives, attorneys, accountants, agents, officers, directors, shareholders, 10 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its 1 behalf or in concert with it. 12 6. “NORTHERN NEVADA MEDICAL CENTER” shall mean, collectively, Sparks 13 Family Hospital, Inc., a Nevada corporation, dba Northern Nevada Medical Center, its employees, 14 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents, 15 subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert 16 with it. 17 7 “PALM BEACH ACO” means the Palm Beach Accountable Care Organization and 18 its employees, representatives, attorneys, accountants, agents, officers, directors, shareholders; 19 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its 20 behalf or in concert with it. 21 8 As used herein, “PERSON” and “PERSONS” shall include a natural PERSON, 22 corporation, partnership, attorneys, unincorporated association, or firm, or any other kind of 23 business or legal entity, its agents, employees, and representatives. As used herein, “PERSON” and “PERSONS” shall include a natural PERSON, corporation, 25 partnership, attorneys, unincorporated association, or firm, or any other kind of business or legal 26 entity, its agents, employees, and representatives. 27 9. “PINNACLE” shall mean, PINNACLE MEDICAL GROUP (HICKS) P.C., dba 28 “PINNACLE MEDICAL GROUP,” AND its employees, representatives, attorneys, accountants, -9- at ondsacnans agents, officers, directors, shareholders, affiliates, parents, subsidiaries, including any entity that was converted into PINNACLE MANAGEMENT GROUP, NV, LLC, and ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert with it. “PINNACLE” further includes all those acting on behalfof what would become the legal entities carryin g on business as “Pinnacle Medical Group.” 10, “PROMINENCE HEALTH PLAN” shall mean, collectively, Prominence HealthFirst, a Nevada corporation, dba Prominence Health Plan, its employees, represen tatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert with it. 10 11. “TEXT MESSAGES, IMs, and SMS MESSAGES” means flor “TEXT 1 MESSAGES” alphanumeric and emoji communications between cell phones or other hand-held 12 devices, including tablets as implemented by a wireless carrier, and includes direct messages in any 13 form of social media application “IMs” means instant messages sent via the internet that appear on 14 the recipient’s screen once transmitted. “SMS messages” means short message service which is’a 15 text messaging service component of telephone, internet and mobile device systems, 16 12. “UNIVERSAL HEALTH SERVICES, INC.” or “UHS” shall mean, collectively 17 Universal Health Services, Inc., a Delaware corporation based out of King of Prussia, PA, ‘its 18 employees, representatives, attorneys, accountants, agents, officers, directors, shareholders, 19 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its 20 behalf or in concert with it, including UHS of Delaware, Inc., and any of its employees, 21 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents, 22 subsidiaries. 13. “VERA WHOLE HEALTH” shall mean, collectively, Vera Whole Health, Inc.; a Washington corporation, registeredto do business as a foreign corporation in Nevada, its employees, 25 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents, 26 subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its behalfor in concert 27 with it. 28 14, “YOU” and “YOUR” mean the person or entity responding to this subpoena, and -10- marron cenneeat any agents, affiliates, representatives, ITEMS TO BE PRODUCED 1 ALL DOCUMENTS, including any contracts, letters. of intent, or memoranda of understanding under which UHS acquired any interest in PINNACLE. 2. ALL DOCUMENTS, including any contracts, letters or intent, or memoranda of understating by which UHS obtained any right or option to exercise such that it could acquire any interest in PINNACLE. 3 ALL CORRESPONDENCE, including any draft versions of any contracts, letters of intent, or memoranda of understanding which mention, summar ize or discuss UHS acquiring any 10 interest in PINNACLE. 11 4. ALL DOCUMENTS which identify the PERSONS who have, or had, any ownership 12 interest in YOU. 13 5. ALL DOCUMENTS which mention, describe, or summarize any of the owners of 14 PINNACLE transferring their interests to YOU dated on or before May 10, 2022. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -ll- ar ansaennns Exhibit B IN THB CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. | Saint Mary's Medical Group, Inc., ef al. Plaintiff(s)/Petitioner Pinnacle Medical Group, Northern Nevada, et al. Defendant(s) SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO: Pinn: to | tment Partne: a Floriga ll ited abl 30 pany,.c/o Arthur "ARE COM NANDE toasnuerm Varker tr 66 YOU 1400 Centrepark Blvd., Sulte 605, West Palm Beach, FL 33401 RWPR in, Fietida, on 27224 , Florida, on 2/2/24 , at 5:00 pm (a.m./p.m.), and to have with you at that time and place the following: See attached These items will be inspectod and may bo copied at that time. You will not be required to sunender the original items. You may comply with this subpoona by providing logiblo copies of the items to be produced to the attorney whose namo appears on this subpoona on or before the scheduled dato of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation, You may mail or deliver the copies to the attorney whose name appears on this subpoona and thoroby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoona at any time before production by giving written notice to the attorney whose name appears on this subpoena, THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. Ifyou fai! to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoonaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed: Name: Dylan Wiseman Attorney for; Plaintiffs Address:500 Capitol Mall, Suite 1900 Sacramento, CA 95814 — Bar No.; CA 173669 DATED on — \ as [Aer IT}co; TR rr Joseph Abruzzo LA 8 Clerk of the Circuit Court ) rs) py 4) a ‘iN Ne, As Deputy Clerk ‘ous alee co: rt di s of all other rhe: of record or pro se parties to the case here) Mark Simons, 690 Sierra Rose Drive Reno, NVSY5TT Patrick Gallagher/John Gallagher, 100 W. Liberty St, Suite 800, Reno, NV 89505 Charles Welr, 2049 Century Park East Sulte 1700, Los Angeles, CA 90067 EXHIBIT C DEFINITIONS For purposes of the Items to Be Produced, the following terms have the meaning set forth below: 1 Where the context herein makes it appropriate, each singular word shall include its plural and each plural word shall include its singular. “ANY” as well as “OR” shall be construed either disjunctively OR conjunctively as necessary to be within the scope of the discovery. Each of the following words include the meaning of every other word: “EACH,” “EVERY,” “ALL,” and “ANY.” The present tense shall be construed to include the past tense and the past tense shall be construed to include the present tense. The masculine shall be construed in the generic sense. 10 2. As used herein, the terms “COMMUNICATION” or “COMMUNICATIONS” 11 means any oral, written, or symbolic expression or interchange of any type, and includes but is not 12 limited to letter, memorandum, facsimile transmission, facsimile cover page teletype, telegraph, 13 telephone conversation, telephone message, electronic mail message (or “email”), electronic 14 calendar entry or invitation/response, or voicemail message, or any and all “cc” or “bec” copies of 15 any of the above with all attachments included. As used herein, the terms “COMMUNICATION” 16 AND “COMMUNICATIONS?” further mean AND include correspondence, conversations AND 17 ALL other forms of information exchange, whether written, verbal, by telephone, electronic mail, 18 text, instant message, “Slack” account, facsimile, OR other mode of transmission and includes all 19 attachments to such COMMUNICATIONS. 20 3 As used herein, the term “DEPARTING EMPLOYEES” shall mean any of the 21 following individuals: Kristin Astrom, Jessica Curti, Katie Dolan, Randi Grinsell, John Hess, Kevin 22 Ogden, Veronica Sutherland, Megan Clowers, Staci Dooley, Ansley Winter, Ryan Aiazzi, Teri 23 Schmidt, Cathy McNamara, Kevin Ogden, Rommel Co, Carissa Kasper, Cat Estipona, Katie Lydon, 24 Linda Lassner, and Katherine McCoy (a.k.a. Kathy McCoy). 25 4. As used herein, the terms “DOCUMENT” or “DOCUMENTS” mean “writings” and 26 “recordings” as defined by NRS 52.225, including without limitation any e-mail, letter, notes, audio 27 or video recordings, photographs, any writing or picture located on a computer or computer-related 28 -8- BN 80446707v1 storage such as a disk or other external memory device, any writing or graphic matter, however produced or reproduced, of any kind or description, whether sent or received, including original copies, drafts and both sides thereof, regardless of their author or origin, or however denominated by the recipient of this Subpoena, DOCUMENTS also include Electronically Stored Information CESI”), as defined below, on any computer media or device in the Responding party’s actual or constructive possession, custody, or control; 5 “NORTHERN NEVADA HEALTH SYSTEM” shall mean, collectively, Northern Nevada Health System, which is owned and operated by a subsidiary of Universal Health Services, Inc., its employees, representatives, attorneys, accountants, agents, officers, directors, shareholders, 10 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its Il behalf or in concert with it. 12 6. “NORTHERN NEVADA MEDICAL CENTER?” shall mean, collectively, Sparks 13 Family Hospital, Inc., a Nevada corporation, dba Northern Nevada Medical Center, its employees, 14 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents, 15 subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert 16 with it. 17 7 “PALM BEACH ACO” means the Palm Beach Accountable Care Organization and 18 its employees, representatives, attorneys, accountants, agents, officers, directors, shareholders, 19 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its 20 behalf or in concert with it. 21 8 As used herein, “PERSON” and “PERSONS” shall include a natural PERSON, 22 corporation, partnership, attorneys, unincorporated association, or firm, or any other kind of 23 business or legal entity, its agents, employees, and representatives. 24 As used herein, “PERSON” and “PERSONS” shall include a natural PERSON, corporation, 25 partnership, attorneys, unincorporated association, or firm, or any other kind of business or legal 26 entity, its agents, employees, and representatives. 27 9. “PINNACLE” shall mean, PINNACLE MEDICAL GROUP (HICKS) P.C., dba 28 “PINNACLE MEDICAL GROUP,” AND its employees, representatives, attorneys, accountants, -9- BN 80446707v1 agents, officers, directors, shareholders, affiliates, parents, subsidiaries, including any entity that was converted into PINNACLE MANAGEMENT GROUP, NV, LLC, and ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert with it. “PINNACLE” further includes all those acting on behalf of what would become the legal entities carrying on business as “Pinnacle Medical Group.” 10. “PROMINENCE HEALTH PLAN” shall mean, collectively, Prominence HealthFirst, a Nevada corporation, dba Prominence Health Plan, its employees, representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert with it. 10 ll. “TEXT MESSAGES, IMs, and SMS MESSAGES” means flor “TEXT 11 MESSAGES” alphanumeric and emoji communications between cell phones or other hand-held 12 devices, including tablets as implemented by a wireless carrier, and includes direct messages in any 13 form of social media application “IMs” means instant messages sent via the internet that appear on 14 the recipient’s screen once transmitted. “SMS messages” means short message service which is a 15 text messaging service component of telephone, internet and mobile device systems. 16 12. “UNIVERSAL HEALTH SERVICES, INC.” or “UHS” shall mean, collectively 17 Universal Health Services, Inc., a Delaware corporation based out of King of Prussia, PA, its 18 employees, representatives, attorneys, accountants, agents, officers, directors, shareholders, 19 affiliates, parents, subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its 20 behalf or in concert with it, including UHS of Delaware, Inc., and any of its employees, 21 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents, 22 subsidiaries, 23 13. “VERA WHOLE HEALTH” shall mean, collectively, Vera Whole Health, Inc., a 24 Washington corporation, registered to do business as a foreign corporation in Nevada, its employees, 25 representatives, attorneys, accountants, agents, officers, directors, shareholders, affiliates, parents, 26 subsidiaries, and ANY AND ALL PERSONS acting or purporting to act on its behalf or in concert 27 with it. 28 14, “YOU” and “YOUR” mean the person or entity responding to this subpoena, and -10- BN 80446707v1 any agents, affiliates, representatives. ITEMS TO BE PRODUCED 1 ALL DOCUMENTS, including any contracts, letters of intent, or memoranda of understanding under which UHS acquired any interest in PINNACLE. 2. ALL DOCUMENTS, including any contracts, letters or intent, or memoranda of understating by which UHS obtained any right or option to exercise such that it could acquire any interest in PINNACLE. 3 ALL CORRESPONDENCE, including any draft versions of any contracts, letters of intent, or memoranda of understanding which mention, summarize or discuss UHS acquiring any 10 interest in PINNACLE. il 4 ALL DOCUMENTS which identify the PERSONS who have, or had, any ownership 12 interest in YOU. 13 5 ALL DOCUMENTS which mention, describe, or summarize any of the owners of 14 PINNACLE transferring their interests to YOU dated on or before May 10, 2022. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1l- BN 804467071 Exhibit C te Attorney or Party without Attorney: For Court Use Only Mark Simons, Esq. (SBN 5132) SIMONS HALL JOHNSTON 2326 South Congress Avenue # 2D Palm Springs, FL 33406 Telephone No: Attorney For: Plaintiffs Saint Mary's Medical Ref: No. or File No.: Group, Inc. ; Prime Healthcare 130806.001 Services -Reno, LLC dba Saint Mary's Regional Medical Center insert name of Court, and judictal District and Branch Court: INTHE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA Plaintiff: Saint Mary's Medical Group, Inc,, et al. Defendant: Pinnacle Medical Group, Northern Nevada, et al. PROOF OF SERVICE Hearlng Date: Time: DeptiDiv; Case Number: 2/2124 5:00 PM 1, At the time of service | was at least 18 years of age and not a partyto this action. I served coples of the Subpoenfor a Duces Tecum (FL); Subpoena Duces Tecum for Business Records (NV); Notice of intent to Service Subpoena Duces Tecum for Business Records (NV) a Party served: PINNACLE INVESTMENT PARTNERS , LLC a Florida limited liability company c/o Arthur Hansen ° 4, Person served: "Jane Doe" - Manager Desc: White , Female , Age: 40 , Halr: Blond , Helght: 53”, Welght: 125 Address where the party wos served: 2326 South Congress Avenue #2D, Palm Springs, FL 33406 5. I served the party: a, by personal service. | personally delivered the documents listed In Item 2 to the party or person authorized to receive process for the party (1) on: Wed, Jan 31 2024 (2) at; 11:45AM. Person Who Served Papers: a. Ivan Almonte d. The Fee for Service was? b, FIRST LEGAL NEVADA PI/PS LICENSE 1452 2920 N Green Valley Pkwy, Suite 514 Henderson, NV 89014 ¢. (702) 671-4002 7, I declare under penalty of perjury that the foregoing is true and correct, 22-274 SS (Date) (Signature) PROOF OF 10304672 SERVICE (55232731) we