Preview
Filing # 196160554 E-Filed 04/15/2024 09:31:49 AM
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT, IN AND
FOR, ST. LUCIE COUNTY, FLORIDA
CASE NO. 562020CA000517AXXXHC
SABRINA BAILEY,
Plaintiff,
vs.
CONSTANTINO VINCENTE AND
MV TRANSPORTATION,
Defendant.
PLAINTIFF’S EMERGENCY MOTION FOR PROTECTIVE ORDER REGARDING
UNILATERALLY SET DEPOSITION, AND MOTION TO STRIKE DEFENDANT’S
EXPERT
COMES NOW, the Plaintiff, SABRINA BAILEY, by and through the undersigned counsel,
and moves this Honorable Court for a Protective Order regarding the unilaterally set trial deposition
of Defendants’ expert, John Arrington, with less than business two days notice, and also move to
strike Defendant’s expert for untimely disclosure of materials and opinions, and as grounds for its
motion Plaintiff would state:
1. Defendants unilaterally filed a Notice of Deposition for use trial of Defendants’
expert radiologist, John Arrington, after 5PM on Friday April 12, 2024, for a
deposition to take place on Tuesday April 17, 2024, – which would only give
Plaintiffs’ counsel a single business day to prepare. See Notice attached as Exhibit A.
2. Counsel for the Plaintiffs, Mr. Timonthy Felice and Mr. Paul Dozois are each
covering pre-paid, nonrefundable expert depositions in other cases. See notices
attached hero as Exhibit B.
Page 1 of 3
3. The deposition was never coordinated with Plaintiffs’ counsels’ office, nor did
Defendant seek leave of the court to set the deposition on such short notice,
particularly unilaterally.
4. Plaintiff also only recently the expert’s report, file, and any substantive
opinions/materials for Dr. Arrington, on March 28, 2024 – well after the discovery
cutoff of February 21, 2024. This is particularly noteworthy given the fact the
original witness disclosure provided virtually no details regarding Dr. Arrington’s
opinions prior to March 28, 2024. See Defendant’s Expert Witness Disclosure,
attached as Exhibit C. For these reasons, coupled with the attempt to ambush
Plaintiff’s Counsel with a trial deposition, Plaintiff also moves to strike Dr.
Arrington.
5. Accordingly, Plaintiff would be prejudiced for two separate reasons (1) because
Counsel is unavailable for the deposition, and (2) because of the he limited ability to
prepare on such short notice, particularly with only receiving the expert file very
recently -well after discovery cutoff.
WHEREFORE, based on the foregoing, Plaintiff, SABRINA BAILEY, respectfully
requests this Honorable to enter a Protective Order regarding the unilaterally set deposition of Dr.
Arrington, and to strike Dr. Arrington for this reason and due to the untimely disclosure of his
opinions/report/ file, along with any other relief that the Court finds just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above and foregoing was eFiled and eServed via
the Court’s ePortal Filing System on April 15, 2024 to: Matthew Ouellette, Esq., Chad E. Leeper,
Page 2 of 3
Esq. Melcrtpleadings@wickersmith.com; Wicker, Smith, O'Hara, McCoy & Ford, P.A. (Attorneys
for Defendant, MV Transportation, Inc., and Constantino Vincente) 6525 Third Street, Suite 309,
Rockledge, Florida 32955.
/s/ Mr. Timothy C Felice Esq.
Mr. Timothy C Felice Esq.
Attorney, Felice Trial Attorneys
3 Harvard Circle
West Palm Beach, FL 33409
(561) 444-8822 Work- Telephone
(561) 514-4946- Facsimile
Tim@injurytrialattorneys.com
audrey@injurytrialattorneys.com
Carolina@injurytrialattorneys.com
Florida Bar # 0013199
Page 3 of 3
Filing # 196124510 E-Filed 04/12/2024 05:34:00 PM
92038-11
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY, FLORIDA
SABRINA BAILEY, CIRCUIT CIVIL DIVISION
Plaintiff, CASE NO. 2020 CA 000517
vs.
CONSTANTINO VINCENTE and MV
TRANSPORTATION, INC.,
Defendants.
____________________________/
NOTICE OF TAKING VIDEOTAPED DEPOSITION FOR USE AT TRIAL
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of:
NAME: Dr. John Arrington
DATE AND TIME: April 16, 2024 at 1:30 p.m.
PLACE: Via Zoom
upon oral examination before Milestone, Notary Public, or any other Notary Public or other officer
authorized by law to take depositions in the State of Florida and be recorded by Milestone or its
agent. The oral examination will continue from day to day until completed. The deposition is being
taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted
under the Florida Rules of Civil Procedure in such cases.
WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida
ePortal to: Timothy C. Felice, Esquire, tim@injurytrialattorneys.com,
paul@injurytrialattorneys.com, audrey@injurytrialattorneys.com,
carolina@injurytrialattorneys.com, sbailey1@injurytrialattorneys.filefineapp.com; Andrew A.
Harris, Esquire, andrew@harrisappeals.com, eservice@harrisappeals.com; on this 12th day of
April 2024.
/s/ Matthew P. Ouellette
Matthew P. Ouellette, Esquire
Florida Bar No. 1010362
WICKER SMITH O'HARA MCCOY & FORD, P.A.
Attorneys for MV Transportation, Inc. Constantino
Vincente
6525 Third St., Suite 309
Rockledge, FL 32955-5749
CASE NO. 2020 CA 000517
Phone: (321) 610-5800
Fax: (407) 649-8118
MELcrtpleadings@wickersmith.com
In accordance with the Americans With Disabilities Act, persons with
disabilities needing a special accommodation to participate in this proceeding
should contact the undersigned attorney’s secretary at the address and phone
number given above not later than seven (7) days prior to the proceeding. If
hearing impaired, (TDD) 1-800-955-8770 via Florida Relay Service.
-2-
Filing # 193722795 E-Filed 03/11/2024 11:58:44 AM
IN THE CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA
CASE NO. 2020CA001065
CARMEN MILLER
AND THOMAS MILLER,
Plaintiffs,
vs.
MARIE F. KUGEL AND
MINGKWAN WRIGHT,
Defendants.
RE-NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that Plaintiffs, CARMEN MILLER, AND THOMAS
MILLER, will take the video deposition noticed below. The deposition is for use at trial, Daubert
hearings, and evidentiary hearings, so make complete and prompt objections not limited to simply
“form” or “form of the question”. See Henderson v. B&B Precast & Pipe, LLC, 2014 WL
4063673, at *1 (N.D. Ga. Aug. 14, 2014); Moyer v. Reynolds, 780 So. 2d 205 (Fla. 5th DCA 2001);
United States v. White, 846 F.2d 678, 690 n.16 (11th Cir. 1988); Camden v. Doremus, 44 U.S. 515,
530 (1845). The deposition is being taken for use as summary judgment evidence and Plaintiff
will use the deposition and its exhibits as summary judgment evidence in any summary judgment
proceeding. See Fed. R. Civ. P. 56; Fla. R. Civ. P. 1.510(c); State Farm Mut. Auto. Ins. Co. v.
Figler Family Chiro., P.A., 189 So. 3d 970, 974 (Fla. 4th DCA 2016). Please review the following
cases regarding changing the deposition testimony with an errata sheet. E.g., Ramirez v. Bolster
& Jeffries Health Care Group, LLC, 2016 WL 4132294, at **2-3 (W.D. Ky. Aug. 3, 2016)
(collecting cases stating a deposition is not a “take home test”). The deposition is being taken for
any other purpose.
DEPONENT: Jacqueline C. Valdes PhD PA
DATE & TIME: April 16, 2024, at 12:00 p.m. (4 hours reserved)
The Deposition will be taken via ZOOM at the time and place below:
Link: To be provided upon receipt from Veritext
Page 1 of 7
Upon oral examination before an employee/agent of Veritext, a Notary Public; or any other
officer authorized by law to take depositions in the State of Florida. The oral examination will
continue from day to day until completed. The deposition is being taken for the purpose of
discovery, for use at trial, or for such other purposes as are permitted under the applicable Statutes
or Rules.
VIDEOGRAPHER
This Deposition shall be videotaped by any employee/agent or servant of Felice Trial
Attorneys or an employee/agent of Veritext via the Zoom recording function by the court reporting
firm upon oral examination before a Notary Public; or any other officer authorized by law to take
depositions in the State of Florida. The video examination is being taken for the purpose of
discovery, for use at trial, or for such other purposes as are permitted under the applicable Statutes
or Rules.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act, persons in need of a special
accommodation to participate in this proceeding should contact Felice Trial Attorneys no later than
seven days prior to the proceeding. Please call (561) 444-8822.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above and foregoing was eFiled and eServed via
the Court’s ePortal Filing System on March 11, 2024 to: Robert C. Okon, P.A. Davis, Giardino,
Hrivnak & Okon, PLLC(Attorney for Marie F. Kugel) eservice@okonpa.com; rokon@dgho-
law.com, 2161 Palm Beach Lakes Boulevard, Suite 317, West Palm Beach, Florida 33409 and
Lauren L. Haynes Esq., (Attorney for Mingkwan Wright) service-lhaynes@bankerlopez.com
Banker Lopez Gassler P.A., 501 E.. Kennedy Blvd., Suite 1700, Tampa FL 33602.
/s/ Mr. Timothy C Felice Esq.
Mr. Timothy C Felice Esq.
Attorney, Felice Trial Attorneys
3 Harvard Circle
West Palm Beach, FL 33409
(561) 444-8822 Work- Telephone
(561) 514-4946- Facsimile
Emails for service of pleadings:
Page 2 of 7
Primary: cmiller1@injurytrialattorneys.filevineapp.com
Attorney: Tim@injurytrialattorneys.com
Paralegal: audrey@injurytrialattorneys.com
Assistant: Carolina@injurytrialattorneys.com
Florida Bar # 0013199
CC: Veritext
EXHIBIT A - DUCES TECUM
Page 3 of 7
Filing # 192625113 E-Filed 02/23/2024 02:41:07 PM
2039062
IN THE CIRCUIT COURT OF THE 9th JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO: 2019-CA-014733-O
TRACY GREEN,
Plaintiff,
v.
A-R HHC ORLANDO CONVENTION HOTEL,
LLC,
Defendant.
/
AMENDED NOTICE OF TAKING VIDEOTAPED DEPOSITION
FOR USE AT TRIAL
(Amended as to Date Only)
TO: Rico D. Lively, Esquire
FELICE TRIAL ATTORNEYS
3 Harvard Circle
West Palm Beach, FL 33409
rico@injurytrialattorneys.com; Karena@injurytrialattorneys.com;
lynn@injurytrialattorneys.com
PLEASE TAKE NOTICE that the undersigned will take the deposition of:
Name and Address: Date and Time: Place:
Stephen Jacobs, M.D. 04/16/24 @ 12:00pm via ZOOM (link will be provided
(2 hours reserved) to Deponent and counsel upon
receipt)
Upon oral examination before CRCC/VERITEXT LEGAL SOLUTIONS, Notary Public, or any
other Notary Public or officer authorized by law to take depositions via Zoom/Video
Conferencing in the State of Florida. The oral examination will continue from day to day
until completed. The depositions are being taken for the purpose of discovery, for use at
trial, or for such other purposes as are permitted under the Rules of Court.
CASE NO: 2019-CA-014733-O
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been served on all Counsel
of Record via the Florida E-Filing Portal this 23rd day of February , 2024.
CONROY SIMBERG
Attorneys for Defendant
Two South Orange Avenue, Suite 300
Orlando, FL 32801
Telephone: (407) 649-9797
Facsimile: (407) 649-1968
Primary Email: eserviceorl@conroysimberg.com
Secondary Email: mkast@conroysimberg.com;
azeilberger@conroysimberg.com
By: /s/ Aaron B. Zeilberger
Aaron B. Zeilberger, Esquire
FBN: 118015
cc: CRCC Court Reporting
Calendar-CRCC@veritext.com
2
Filing # 164880790 E-Filed 01/17/2023 03:45:14 PM
92038-11
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY, FLORIDA
SABRINA BAILEY, CIRCUIT CIVIL DIVISION
Plaintiff, CASE NO. 2020 CA 000517
vs.
CONSTANTINO VINCENTE and MV
TRANSPORTATION, INC.,
Defendants.
____________________________/
NOTICE OF DESIGNATION OF TRIAL EXPERTS
Defendant, MV Transportation, Inc. and Constantino Vincente, by and through the
undersigned attorneys and pursuant to the Order Setting Cause for Trial, hereby discloses the
following experts:
1. John A. Arrington, M.D.
Imaging Consultants of Florida
3301 USF Alumni Drive
Tampa, FL 33612
Defendants’ Expert Radiologist
Defendants intend to call John A. Arrington, M.D as an expert witness. Dr.
Arrington is a Board Certified Radiologist licensed to practice in Florida and is
expected to offer testimony related to Plaintiff’s Radiological studies and images.
Dr. Arrington is qualified as an expert based on his education, training, knowledge,
and experience as a medical doctor specializing in radiology.
2. Gaetano J. Scuderi, M.D.
658 W. Indiantown Rd., Suite 212
Jupiter, FL 33458
Defendants’ Expert Orthopedic Spine Surgeon
Defendants intend to call Gaetano J. Scuderi, M.D as an expert witness. Dr. Scuderi
is an Orthopedic Spine Surgeon in licensed to practice medicine in the State of
Florida and is expected to testify regarding the issues of causation of injuries,
CASE NO. 2020 CA 000517
damages, and treatment related to Plaintiff’s alleged spine conditions based in part
on his review of the medical records, the testimony, photos, and a scheduled
Compulsory Medical Examination. Dr. Scuderi is qualified as an expert based on
his education, training, knowledge, and experience as an Orthopedic Spine
Surgeon.
3. Nicole Bonaparte, CPC, CPC-I, CMRS
Uniform Quality Medical Coding, Inc.
401 East Las Olas, Blvd., Ste 1400
Fort Lauderdale, FL 33301
Defendants’ Medical/Orthopedic Billing Expert
4. Defendants intend to call Nicole Bonaparte, CPC, CPC-I, CMRS as an expert
witness. Mrs. Bonaparte is an expert in the field of medical coding and billing and
is familiar with the usual and customary charges associated with the orthopedic
procedures and related treatment provided to the Plaintiff. She is expected to testify
regarding issues related to medical billing/charges, special damages and alleged
future damages as they relate to medical charges. Her opinions are based on her
review of the medical records, imaging studies, and medical bills, as well as her
background, training, and experience in matters relating to medical coding and
billing.
5. Any and all expert witnesses listed by co-Defendant(s).
6. Any and all Rule 1.360 examining physicians of the Plaintiff.
7. Defendant reserves the right to amend this expert witness disclosure as it becomes
necessary through discovery.
WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida
ePortal to: Timothy C. Felice, Esquire, tim@injurytrialattorneys.com,
audrey@injurytrialattorneys.com, kristina@injurytrialattorneys.com,
tara@injurytrialattorneys.com; on this 17th day of January, 2023.
/s/ Matthew P. Ouellette
Matthew P. Ouellette, Esquire
Florida Bar No. 1010362
WICKER SMITH O'HARA MCCOY & FORD, P.A.
Attorneys for MV Transportation, Inc. and
Constantino Vincente
2
CASE NO. 2020 CA 000517
6525 Third St., Suite 309
Rockledge, FL 32955-5749
Phone: (321) 610-5800
Fax: (407) 649-8118
MELcrtpleadings@wickersmith.com
3
Preview
Filing # 196160554 E-Filed 04/15/2024 09:31:49 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR, ST. LUCIE COUNTY, FLORIDA CASE NO. 562020CA000517AXXXHC SABRINA BAILEY, Plaintiff, vs. CONSTANTINO VINCENTE AND MV TRANSPORTATION, Defendant. PLAINTIFF’S EMERGENCY MOTION FOR PROTECTIVE ORDER REGARDING UNILATERALLY SET DEPOSITION, AND MOTION TO STRIKE DEFENDANT’S EXPERT COMES NOW, the Plaintiff, SABRINA BAILEY, by and through the undersigned counsel, and moves this Honorable Court for a Protective Order regarding the unilaterally set trial deposition of Defendants’ expert, John Arrington, with less than business two days notice, and also move to strike Defendant’s expert for untimely disclosure of materials and opinions, and as grounds for its motion Plaintiff would state: 1. Defendants unilaterally filed a Notice of Deposition for use trial of Defendants’ expert radiologist, John Arrington, after 5PM on Friday April 12, 2024, for a deposition to take place on Tuesday April 17, 2024, – which would only give Plaintiffs’ counsel a single business day to prepare. See Notice attached as Exhibit A. 2. Counsel for the Plaintiffs, Mr. Timonthy Felice and Mr. Paul Dozois are each covering pre-paid, nonrefundable expert depositions in other cases. See notices attached hero as Exhibit B. Page 1 of 3 3. The deposition was never coordinated with Plaintiffs’ counsels’ office, nor did Defendant seek leave of the court to set the deposition on such short notice, particularly unilaterally. 4. Plaintiff also only recently the expert’s report, file, and any substantive opinions/materials for Dr. Arrington, on March 28, 2024 – well after the discovery cutoff of February 21, 2024. This is particularly noteworthy given the fact the original witness disclosure provided virtually no details regarding Dr. Arrington’s opinions prior to March 28, 2024. See Defendant’s Expert Witness Disclosure, attached as Exhibit C. For these reasons, coupled with the attempt to ambush Plaintiff’s Counsel with a trial deposition, Plaintiff also moves to strike Dr. Arrington. 5. Accordingly, Plaintiff would be prejudiced for two separate reasons (1) because Counsel is unavailable for the deposition, and (2) because of the he limited ability to prepare on such short notice, particularly with only receiving the expert file very recently -well after discovery cutoff. WHEREFORE, based on the foregoing, Plaintiff, SABRINA BAILEY, respectfully requests this Honorable to enter a Protective Order regarding the unilaterally set deposition of Dr. Arrington, and to strike Dr. Arrington for this reason and due to the untimely disclosure of his opinions/report/ file, along with any other relief that the Court finds just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing was eFiled and eServed via the Court’s ePortal Filing System on April 15, 2024 to: Matthew Ouellette, Esq., Chad E. Leeper, Page 2 of 3 Esq. Melcrtpleadings@wickersmith.com; Wicker, Smith, O'Hara, McCoy & Ford, P.A. (Attorneys for Defendant, MV Transportation, Inc., and Constantino Vincente) 6525 Third Street, Suite 309, Rockledge, Florida 32955. /s/ Mr. Timothy C Felice Esq. Mr. Timothy C Felice Esq. Attorney, Felice Trial Attorneys 3 Harvard Circle West Palm Beach, FL 33409 (561) 444-8822 Work- Telephone (561) 514-4946- Facsimile Tim@injurytrialattorneys.com audrey@injurytrialattorneys.com Carolina@injurytrialattorneys.com Florida Bar # 0013199 Page 3 of 3 Filing # 196124510 E-Filed 04/12/2024 05:34:00 PM 92038-11 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA SABRINA BAILEY, CIRCUIT CIVIL DIVISION Plaintiff, CASE NO. 2020 CA 000517 vs. CONSTANTINO VINCENTE and MV TRANSPORTATION, INC., Defendants. ____________________________/ NOTICE OF TAKING VIDEOTAPED DEPOSITION FOR USE AT TRIAL PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of: NAME: Dr. John Arrington DATE AND TIME: April 16, 2024 at 1:30 p.m. PLACE: Via Zoom upon oral examination before Milestone, Notary Public, or any other Notary Public or other officer authorized by law to take depositions in the State of Florida and be recorded by Milestone or its agent. The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure in such cases. WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal to: Timothy C. Felice, Esquire, tim@injurytrialattorneys.com, paul@injurytrialattorneys.com, audrey@injurytrialattorneys.com, carolina@injurytrialattorneys.com, sbailey1@injurytrialattorneys.filefineapp.com; Andrew A. Harris, Esquire, andrew@harrisappeals.com, eservice@harrisappeals.com; on this 12th day of April 2024. /s/ Matthew P. Ouellette Matthew P. Ouellette, Esquire Florida Bar No. 1010362 WICKER SMITH O'HARA MCCOY & FORD, P.A. Attorneys for MV Transportation, Inc. Constantino Vincente 6525 Third St., Suite 309 Rockledge, FL 32955-5749 CASE NO. 2020 CA 000517 Phone: (321) 610-5800 Fax: (407) 649-8118 MELcrtpleadings@wickersmith.com In accordance with the Americans With Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact the undersigned attorney’s secretary at the address and phone number given above not later than seven (7) days prior to the proceeding. If hearing impaired, (TDD) 1-800-955-8770 via Florida Relay Service. -2- Filing # 193722795 E-Filed 03/11/2024 11:58:44 AM IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO. 2020CA001065 CARMEN MILLER AND THOMAS MILLER, Plaintiffs, vs. MARIE F. KUGEL AND MINGKWAN WRIGHT, Defendants. RE-NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that Plaintiffs, CARMEN MILLER, AND THOMAS MILLER, will take the video deposition noticed below. The deposition is for use at trial, Daubert hearings, and evidentiary hearings, so make complete and prompt objections not limited to simply “form” or “form of the question”. See Henderson v. B&B Precast & Pipe, LLC, 2014 WL 4063673, at *1 (N.D. Ga. Aug. 14, 2014); Moyer v. Reynolds, 780 So. 2d 205 (Fla. 5th DCA 2001); United States v. White, 846 F.2d 678, 690 n.16 (11th Cir. 1988); Camden v. Doremus, 44 U.S. 515, 530 (1845). The deposition is being taken for use as summary judgment evidence and Plaintiff will use the deposition and its exhibits as summary judgment evidence in any summary judgment proceeding. See Fed. R. Civ. P. 56; Fla. R. Civ. P. 1.510(c); State Farm Mut. Auto. Ins. Co. v. Figler Family Chiro., P.A., 189 So. 3d 970, 974 (Fla. 4th DCA 2016). Please review the following cases regarding changing the deposition testimony with an errata sheet. E.g., Ramirez v. Bolster & Jeffries Health Care Group, LLC, 2016 WL 4132294, at **2-3 (W.D. Ky. Aug. 3, 2016) (collecting cases stating a deposition is not a “take home test”). The deposition is being taken for any other purpose. DEPONENT: Jacqueline C. Valdes PhD PA DATE & TIME: April 16, 2024, at 12:00 p.m. (4 hours reserved) The Deposition will be taken via ZOOM at the time and place below: Link: To be provided upon receipt from Veritext Page 1 of 7 Upon oral examination before an employee/agent of Veritext, a Notary Public; or any other officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the applicable Statutes or Rules. VIDEOGRAPHER This Deposition shall be videotaped by any employee/agent or servant of Felice Trial Attorneys or an employee/agent of Veritext via the Zoom recording function by the court reporting firm upon oral examination before a Notary Public; or any other officer authorized by law to take depositions in the State of Florida. The video examination is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the applicable Statutes or Rules. AMERICANS WITH DISABILITIES ACT In accordance with the Americans with Disabilities Act, persons in need of a special accommodation to participate in this proceeding should contact Felice Trial Attorneys no later than seven days prior to the proceeding. Please call (561) 444-8822. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing was eFiled and eServed via the Court’s ePortal Filing System on March 11, 2024 to: Robert C. Okon, P.A. Davis, Giardino, Hrivnak & Okon, PLLC(Attorney for Marie F. Kugel) eservice@okonpa.com; rokon@dgho- law.com, 2161 Palm Beach Lakes Boulevard, Suite 317, West Palm Beach, Florida 33409 and Lauren L. Haynes Esq., (Attorney for Mingkwan Wright) service-lhaynes@bankerlopez.com Banker Lopez Gassler P.A., 501 E.. Kennedy Blvd., Suite 1700, Tampa FL 33602. /s/ Mr. Timothy C Felice Esq. Mr. Timothy C Felice Esq. Attorney, Felice Trial Attorneys 3 Harvard Circle West Palm Beach, FL 33409 (561) 444-8822 Work- Telephone (561) 514-4946- Facsimile Emails for service of pleadings: Page 2 of 7 Primary: cmiller1@injurytrialattorneys.filevineapp.com Attorney: Tim@injurytrialattorneys.com Paralegal: audrey@injurytrialattorneys.com Assistant: Carolina@injurytrialattorneys.com Florida Bar # 0013199 CC: Veritext EXHIBIT A - DUCES TECUM Page 3 of 7 Filing # 192625113 E-Filed 02/23/2024 02:41:07 PM 2039062 IN THE CIRCUIT COURT OF THE 9th JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO: 2019-CA-014733-O TRACY GREEN, Plaintiff, v. A-R HHC ORLANDO CONVENTION HOTEL, LLC, Defendant. / AMENDED NOTICE OF TAKING VIDEOTAPED DEPOSITION FOR USE AT TRIAL (Amended as to Date Only) TO: Rico D. Lively, Esquire FELICE TRIAL ATTORNEYS 3 Harvard Circle West Palm Beach, FL 33409 rico@injurytrialattorneys.com; Karena@injurytrialattorneys.com; lynn@injurytrialattorneys.com PLEASE TAKE NOTICE that the undersigned will take the deposition of: Name and Address: Date and Time: Place: Stephen Jacobs, M.D. 04/16/24 @ 12:00pm via ZOOM (link will be provided (2 hours reserved) to Deponent and counsel upon receipt) Upon oral examination before CRCC/VERITEXT LEGAL SOLUTIONS, Notary Public, or any other Notary Public or officer authorized by law to take depositions via Zoom/Video Conferencing in the State of Florida. The oral examination will continue from day to day until completed. The depositions are being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Rules of Court. CASE NO: 2019-CA-014733-O CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been served on all Counsel of Record via the Florida E-Filing Portal this 23rd day of February , 2024. CONROY SIMBERG Attorneys for Defendant Two South Orange Avenue, Suite 300 Orlando, FL 32801 Telephone: (407) 649-9797 Facsimile: (407) 649-1968 Primary Email: eserviceorl@conroysimberg.com Secondary Email: mkast@conroysimberg.com; azeilberger@conroysimberg.com By: /s/ Aaron B. Zeilberger Aaron B. Zeilberger, Esquire FBN: 118015 cc: CRCC Court Reporting Calendar-CRCC@veritext.com 2 Filing # 164880790 E-Filed 01/17/2023 03:45:14 PM 92038-11 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA SABRINA BAILEY, CIRCUIT CIVIL DIVISION Plaintiff, CASE NO. 2020 CA 000517 vs. CONSTANTINO VINCENTE and MV TRANSPORTATION, INC., Defendants. ____________________________/ NOTICE OF DESIGNATION OF TRIAL EXPERTS Defendant, MV Transportation, Inc. and Constantino Vincente, by and through the undersigned attorneys and pursuant to the Order Setting Cause for Trial, hereby discloses the following experts: 1. John A. Arrington, M.D. Imaging Consultants of Florida 3301 USF Alumni Drive Tampa, FL 33612 Defendants’ Expert Radiologist Defendants intend to call John A. Arrington, M.D as an expert witness. Dr. Arrington is a Board Certified Radiologist licensed to practice in Florida and is expected to offer testimony related to Plaintiff’s Radiological studies and images. Dr. Arrington is qualified as an expert based on his education, training, knowledge, and experience as a medical doctor specializing in radiology. 2. Gaetano J. Scuderi, M.D. 658 W. Indiantown Rd., Suite 212 Jupiter, FL 33458 Defendants’ Expert Orthopedic Spine Surgeon Defendants intend to call Gaetano J. Scuderi, M.D as an expert witness. Dr. Scuderi is an Orthopedic Spine Surgeon in licensed to practice medicine in the State of Florida and is expected to testify regarding the issues of causation of injuries, CASE NO. 2020 CA 000517 damages, and treatment related to Plaintiff’s alleged spine conditions based in part on his review of the medical records, the testimony, photos, and a scheduled Compulsory Medical Examination. Dr. Scuderi is qualified as an expert based on his education, training, knowledge, and experience as an Orthopedic Spine Surgeon. 3. Nicole Bonaparte, CPC, CPC-I, CMRS Uniform Quality Medical Coding, Inc. 401 East Las Olas, Blvd., Ste 1400 Fort Lauderdale, FL 33301 Defendants’ Medical/Orthopedic Billing Expert 4. Defendants intend to call Nicole Bonaparte, CPC, CPC-I, CMRS as an expert witness. Mrs. Bonaparte is an expert in the field of medical coding and billing and is familiar with the usual and customary charges associated with the orthopedic procedures and related treatment provided to the Plaintiff. She is expected to testify regarding issues related to medical billing/charges, special damages and alleged future damages as they relate to medical charges. Her opinions are based on her review of the medical records, imaging studies, and medical bills, as well as her background, training, and experience in matters relating to medical coding and billing. 5. Any and all expert witnesses listed by co-Defendant(s). 6. Any and all Rule 1.360 examining physicians of the Plaintiff. 7. Defendant reserves the right to amend this expert witness disclosure as it becomes necessary through discovery. WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal to: Timothy C. Felice, Esquire, tim@injurytrialattorneys.com, audrey@injurytrialattorneys.com, kristina@injurytrialattorneys.com, tara@injurytrialattorneys.com; on this 17th day of January, 2023. /s/ Matthew P. Ouellette Matthew P. Ouellette, Esquire Florida Bar No. 1010362 WICKER SMITH O'HARA MCCOY & FORD, P.A. Attorneys for MV Transportation, Inc. and Constantino Vincente 2 CASE NO. 2020 CA 000517 6525 Third St., Suite 309 Rockledge, FL 32955-5749 Phone: (321) 610-5800 Fax: (407) 649-8118 MELcrtpleadings@wickersmith.com 3