throbber
Filing# 164371096 E-Filed 01/09/2023 03:49:51 PM
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND
`FOR BROWARD COUNTY, FLORIDA
`
`FLORIDA HEALTH SCIENCES CENTER,
`INC., et al.,
`
`CASE NO. CACE 19-018882
`
`JUDGE CAROL-LISA PHILLIPS
`
`Plaintiffs,
`
`V R
`
`ICHARD SACKLER, et al.,
`
`Defendants.
`
`DEFENDANTS' NOTICE OF INTENT TO SERVE
`SUBPOENA DUKES TECUM WITHOUT DEPOSITION ONNON-PARTY
`
`YOU ARE HEREBY NOTIFIED, pursuant to Florida Rule of Civil Procedure 1.351(b),
`
`that after ten (10)days from the date of service of this notice,if service is by deliveryor email, or
`
`fifteen (15)days from the date of service,if service is bymail, and ifno objectionis received from
`
`any party, the undersigned counsel for Defendants will issue the subpoena attached as Exhibit 1
`
`for productionof documents without depositiondirected to non-party:
`
`Florida District Medical Examiner for District Twenty
`Collier County Medical Examiner
`3838 Domestic Avenue, Naples, FL 34104
`
`commanding production ofthe documents identified in Schedule A to the attached subpoena to be
`
`produced at the time and placespecifiedin the proposed subpoena.
`
`Dated: January 9,2023
`
`RespectfullySubmitted By:
`
`/s/Steven C. Pratico
`Steven C. Pratico (Fla.Bar No. 539201)
`BUCHANAN INGERSOLL & ROONEY PC
`SunTrust Financial Centre
`401 E. Jackson St.,Suite 2400
`Tampa, FL 33602-5236
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/09/2023 03:49:50 PM.****
`
`

`

`(813)222-3382 Telephone
`Steven.Pratico@bipc.com
`Secondary email: Kara.Bernstein@bipc.com
`
`Joseph J. Mahady (Admittedpro hac vicej
`REED SMITH LLP
`Three Logan Square
`1717 Arch Street,Suite 3100
`Philadelphia,PA 19103
`(215) 851-8100
`
`Brian T. Himmel (Admittedpro hac vicej
`REED SMITH LLP
`Reed Smith Centre
`225 Fifth Avenue
`Pittsburgh,PA 15222
`(412)288-3131
`
`Stan Perry (Admittedpro hac vice)
`REED SMITH LLP
`81 1 Main Street,
`Suite 1700
`Houston, TX 77002-6110
`
`Counselfor Defendant
`AmerisourceBergen Drug Corporation
`
`-2-
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certifythat on January 9,2023, a true and correct copy of the foregoingwas filed
`
`with the Clerk of the Court through the e-Portal system, which will send a notice of electronic
`
`filingto all counsel of record.
`
`/s/Steven C. Pratico
`Steven C. Pratico
`
`Attorney
`
`-3-
`
`

`

`EXHIBIT 1
`14 ,
`
`

`

`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND
`FOR BROWARD COUNTY, FLORIDA
`
`FLORIDA HEALTH SCIENCES CENTER,
`INC., et al.,
`
`CASE NO. CACE 19-018882
`
`JUDGE CAROL-LISA PHILLIPS
`
`Plaintiffs,
`
`V R
`
`ICHARD SACKLER, et al.,
`
`Defendants.
`
`SUBPOENA DUKES TECUM WITHOUT DEPOSITION
`(RECORDS MAY BE MAILED IN LIEU OF APPEARANCE)
`THE STATE OF FLORIDA:
`
`TO:
`
`Florida District Medical Examiner for District Twenty
`Collier County Medical Examiner
`3838 Domestic Avenue, Naples, FL 34104
`
`YOU ARE COMMANDED to produce copiesof all items described in Schedule A below, within
`
`twenty (20)days from the date you receive this subpoena,at:
`
`BUCHANAN INGERSOLL & ROONEY PC
`SunTrust Financial Centre
`401 E. Jackson St.,Suite 2400
`Tampa, FL 33602-5236
`Attention: Steven C. Pratico
`Steven.Pratico@bipc.com
`
`These items will be inspectedand may be copied at that time. You will not be requiredto
`
`surrender the originalitems. You may comply with this subpoena by providinglegiblecopiesof
`
`the items to be produced to the attorney whose name appears on this subpoena on or before the
`
`scheduled date of production.You may condition the preparationof the copiesupon the payment
`
`in advance of the reasonable cost ofpreparation.You may mail or deliver the copiesto the attorney
`
`1
`
`

`

`whose name appears on this subpoena and therebyeliminate your appearance at the time and place
`
`specifiedabove. This is not a depositionand no testimonywill be taken. You are requiredonly to
`
`produce the documents or thingsspecifiedin this subpoena. You have the rightto objectto the
`
`productionpursuant to this subpoena at any time before productionby givingwritten notice to the
`
`attorney whose name appears on this subpoena.
`
`If you fail 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
`
`subpoenas 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.
`
`Dated: January 9,2023
`
`By.-/sl Steven C. Pratico
`Steven C. Pratico (Fla.Bar No. 539201)
`BUCHANAN INGERSOLL & ROONEY PC
`SunTrust Financial Centre
`401 E. Jackson St.,Suite 2400
`Tampa, FL 33602-5236
`(813)222-3382 Telephone
`Steven.Pratico@bipc.com
`Secondary email: Kara.Bernstein@bipc.com
`
`Counselfor Defendant
`AmerisourceBergen Drug Corporation
`
`2
`
`

`

`SCHEDULE A
`
`Pursuant to Rule
`
`1.410
`
`of the
`
`Florida Rule
`
`of Civil
`
`Procedure, Defendant
`
`AmerisourceBergen Drug Corporationhereby serves the followingRequests for Production of
`
`Documents ("Requests")on the Florida District Medical Examiner for District Twenty, Collier
`
`County Medical Examiner.
`
`DEFINITIONS
`
`Notwithstandingany definition set forth below, each word, term, or phrase used in these
`
`Requests is intended to have the broadest meaning permitted under the Florida Rules of Civil
`
`Procedure.
`
`1.
`
`"You" and "Your" refers to the Florida District Medical Examiner for District
`
`Twenty, Collier County Medical Examiner (the"District")and all others actingor purporting
`
`to act on the District's behalf, includingany District employees, directors,agents, contractors,
`
`representatives,committees, subcommittees, working groups, and jointtask forces.
`
`2.
`
`"Communication" means any disclosure,transfer,or exchange of information or
`
`opinion,however made.
`
`3
`
`"Complaint" refers to Plaintiffs' Third Amended Complaint filed on October 26,
`
`2021, filed in the Circuit Court in the Seventeenth Judicial Circuit in Broward County, Florida
`
`eaptionedFloridaHealth Sciences, Inc. et al v. Richard Sackler et al.,Case-No.CACE 19-018882.
`
`4.
`
`"Controlled Substance" means any substance identified as a Schedule I-V
`
`substance pursuant to 21 U.S.C. § 812.
`
`5.
`
`"Defendant(s)"means each named Defendant in the action in pending in Circuit
`
`Court in the Seventeenth Judicial Circuit in Broward County, Florida captionedFlorida Health
`
`Sciences, Inc. et al v. Richard Sackler et al.,Case-No. CACE 19-018881.
`
`3
`
`

`

`6.
`
`"Document(s)" is used consistent with how the term is defined and construed under
`
`Florida law. The term includes without limitation any tangiblething and any correspondence,
`
`memoranda, writing,Communication, ElectronicallyStored Information,drawing, graph, chart,
`
`record, tape, message, note, calendar,diary,log,envelope,email, and facsimile transmission,
`
`whether printed or recorded or reproduced by any mechanical, photographic,xerographic,or
`
`electronic process, or written or produced by hand, and including,but not limited to, any
`
`information contained in any computer or reasonablyaccessible computer memory or memory
`
`media, although not yet printed.A draft or non-identical copy is a separate Document within the
`
`meaning ofthis term.
`
`7.
`
`"E-FORCSE" means the Electronic-Florida Online Reporting of Controlled
`
`Substance Evaluation Program, the name given to Florida's PrescriptionDrug Monitoring
`
`Program.
`
`8
`
`"Employee" includes but is not limited to all current and former employees,
`
`independentcontractors, and individuals performingwork as temporary employees.
`
`9-
`
`"Licensed Medical Professional" means any individual subjectto a licensing
`
`requirement managed or implemented by the Commission, whether or not said individual is
`
`permittedto prescribemedication under the terms of his or her license. For avoidance o f doubt,
`
`this includes,but is not limited to, Doctors of Medicine (M.D.),Doctors of OsteopathicMedicine
`
`(D.O.),Doctors of Podiatric Medicine (DPM), and PhysicianAssistants (PA).
`
`10.
`
`"Medical Examiner" means any District or interim Medical Examiner, past or
`
`present, in the State of Florida.
`
`4
`
`

`

`11.
`
`"Opioid(s)"refers to any natural or syntheticchemical--whether or not FDA-
`
`approved or legallyadministered-that binds to opioid receptors in a user's brain or body to
`
`produce an analgesiceffect. "Opioids" includes both Illicit Opioids and Opioid Medications.
`
`12.
`
`"Opioid Medication(s)" refers to FDA-approved pain-reducingmedications
`
`consistingof natural,synthetic,or semisyntheticchemicals that bind to opioid receptors in the
`
`brain or body to produce an analgesiceffect,that may be obtained by patientsin the State of Florida
`
`only through prescriptionsfilled by dispensersduly licensed and regulated.
`
`13.
`
`"Opioid-Related Condition(s)"include opioid addiction and overdose; psychiatric
`
`and mental health treatment; NAS or other opioid-relatedconditions of newborns; illnesses
`
`associated with opioid use, such as endocarditis,hepatitis-Cand HIV; illnesses or conditions
`
`claimed by a person with opioid addiction in order to obtain an Opioid Medication; and any other
`
`condition identified in your records as related to opioiduse and abuse.
`
`14.
`
`"Illicit Opioid(s)" refers to substances comprised of or containing natural,
`
`synthetic,or semisyntheticchemicals that bind to opioidreceptors in the brain or body that are not
`
`approved by FDA, includingbut not limited to heroin,fentanyl,carfentanil,other fentanyl-type
`
`analogs,and counterfeit opioid medications.
`
`15.
`
`"Illicit Drug(s)"means Illicit Opioids,cocaine,crack cocaine,marijuana,synthetic
`
`cannabinoids, methamphetamine, methylenedioxymethamphetamine (MDMA), hallucinogenic
`
`compounds, and any other Schedule I drug.
`
`16.
`
`"Plaintiff(s)"refers to the plaintiffslisted in the Complaint, includingwithout
`
`limitation their agents, employees,programs, boards, and any other person or entityactingon their
`
`behalf or controlled by them.
`
`5
`
`

`

`17.
`
`"Including"or "Includes" means "including,but not limited to" or "including
`
`without limitation.
`
`..
`
`18.
`
`"Relatingto,""Referringto,"or "Concerning,"when referringto any given subject
`
`matter, means any Document that constitutes,comprises,involves,contains,embodies, reflects,
`
`identifies,states, mentions, alludes to, refers directlyor indirectlyto the particularsubjectmatter
`
`identified.
`
`19.
`
`"Relevant Time Period" means the time periodfrom January 1,2006, up to the date
`
`of your response to the Requests unless otherwise specifiedor modified by order of the Court or
`
`consent of the partiesissuingthis subpoena.
`
`20.
`
`"This Case" or "this case" refers to the matter pending in Circuit Court in the
`
`Seventeenth Judicial Circuit in Broward County, Florida captionedFlorida Health Sciences, Inc.
`
`et al v. Richard Sackler et al.,CaseNo. CACE 19-018882.
`
`INSTRUCTIONS
`
`1.
`
`Unless otherwise set forth,the Documents requestedinclude all Documents that are
`
`related to the Relevant Time Period,regardlessof creation date.
`
`2.
`
`Where the context in the Requests makes it appropriate,each singularword shall
`
`"
`include its pluraland each pluralword shall include its singular.The words "any,""and," and "or'
`
`shall be construed either disjunctivelyor conjunctivelyas necessary to bring within the scope of
`
`the discovery all responses which might otherwise be construed to be outside its scope. Each of
`
`".'
`the followingwords includes the meaning o f every other word: "each,'
`
`every,
`
`".,
`
`all,"and "any."
`
`The word "including"in the Requests shall mean "includingbut not limited to." The present tense
`
`shall be construed to include the past tense, and the past tense shall be construed to include the
`
`present tense.
`
`6
`
`

`

`3
`
`Where there exists a good faith doubt as to the meaning or intended scope of a
`
`Request, and Your sole objectionwould be to its vagueness or ambiguity,You are asked and
`
`encouraged to contact counsel for Defendants in advance of assertingan unnecessary objection.
`
`The undersignedcounsel will provideadditional clarification or explanationas may be needed.
`
`4.
`
`The Court in this case has adopted the Parties' StipulationRegarding Documents
`
`and ElectronicallyStored Information,By Consent, attached as Appendix C. The Parties in the
`
`litigationhave requested that third-Parties produce documents in accordance with the
`
`specificationsset forth therein.
`
`5.
`
`Each page of every Document must be marked with a unique page identifier or
`
`"Bates Number" stamp.
`
`6.
`
`For any Document withheld under a claim of privilege:(i)identifythe Document
`
`by author, addressee, date, and subjectmatter; (ii)specifythe nature and basis of the claimed
`
`privilege;and (iii)identifyeach Person to whom the Document or its contents, or any part thereof,
`
`has been disclosed.
`
`7.
`
`Should You consider any of the documents requestedto be confidential such that
`
`they should not be generallydisseminated to the public or released to the press, please designate
`
`these documents as such under the operativeStipulatedProtective Order in this case, attached as
`
`Appendix D.
`
`8
`
`Should You determine that any ofthe documents requestedcontain personalhealth
`
`information that may not be disclosed pursuant to Health Insurance Portabilityand Accountability
`
`Act of 1996 or analogous state law, pleaseredact that information and assignin its placea unique
`
`identifier.
`
`7
`
`

`

`REQUESTS FOR PRODUCTION
`
`1.
`
`Documents and Communications reflectingor relatingto the structure and
`
`operationof Your office. This request includes,but is not limited to, organizationalcharts for
`
`Your office showing those individuals appointedor employed by You to perform autopsiesand/or
`
`examinations for deaths.
`
`2.
`
`Documents and Communications reflectingor relatingto Your procedures,policies
`
`and/or protocolsfor determiningand confirmingcause and manner of death.
`
`3.
`
`Documents and Communications reflectingor relatingto Your procedures,
`
`policies,and/or protocols for the investigationof sudden, suspicious,or accidental deaths,
`
`including,but not limited to, policiesspecificallyrelated to investigatingsuspected overdose
`
`deaths.
`
`4.
`
`Documents and Communications reflectingor relatingto Your procedures,
`
`policies,or protocolsregarding completing and filingdeath certificates,performing autopsies,
`
`determiningthe historyo f prescr*tionmedication use of a decedent, determiningthe historyof
`
`Illicit Drug use of a decedent, determiningmanner of death, determiningcause of death, and
`
`performing post-mortem toxicology analysis,including,but not limited to, all manuals and
`
`handbooks.
`
`5.
`
`Documents and Communications reflectingYour policiesand/or protocolsrelated
`
`to toxicologyscreeningor testing.
`
`6.
`
`Documents and Communications that You received, drafted, contributed to, or
`
`maintained with respect to any Person whose death or injurywas associated with the use or abuse
`
`of any Opioid and/or IllicitDrug. This includes but is not limited to any case summaries or notes,
`
`investigativereports, autopsy reports, toxicologicalreports, results of toxicologicaltesting,death
`
`8
`
`

`

`certificates,medical records, pharmacy records, medication listings,and police,fire,or EMS
`
`reports-andany Documents or Communications concerningeach such Person's medical history,
`
`treatments, examinations, tests,therapies,injuries,diagnoses,or conditions.
`
`7.
`
`Documents and Communications addressingor reflectingYour abilityor inability
`
`to identifythe number of Persons whose deaths or injurieswere associated with the use of any
`
`Opioid and/or Illicit Drug.
`
`8.
`
`Documents and Communications related to or reflectingany data, information,
`
`report or inquiryfrom, or response to E-FORCSE.
`
`9.
`
`Documents and Communications, including analyses,guidance, publications,
`
`presentations,reports, press releases,or notices,You have drafted or contributed to about Opioids
`
`and/or Illicit Drugs, includingbut not limited to the use, misuse, or abuse o f Opioids and/or Illicit
`
`Drugs, deaths or injuriesrelated to Opioids and/or IllicitDrugs, and data or analysesrelated to
`
`Opioids and/or Illicit Drugs.
`
`10.
`
`Documents and Communications, including analyses,guidance, publications,
`
`presentations,reports, press releases,or notices,You have drafted or contributed to about the
`
`causes or contributingfactors to the opioid abuse crisis or epidemic, including all underlying
`
`records and data used to create such Documents.
`
`11.
`
`Documents and Communications, includingreports, inquiries,or complaints,You
`
`have received, drafted,or contributed to regarding suspected or actual diversion or misuse of
`
`Opioid Medications by interns, doctors, other prescribers,patients,decedents, or other
`
`individuals.
`
`9
`
`

`

`12.
`
`Documents and Communications related to Your participationin any board or task
`
`force organizedto investigateor address the causes or contributingfactors to the use, abuse, or
`
`misuse of Opioids and/or Illicit Drugs.
`
`13.
`
`Documents and Communications related to the prescribingor dispensingof Opioid
`
`Medications by any health care provider employed by any Plaintiff includingbut not limited to
`
`Communications related to suspectedimproper prescribingor dispensingof Opioid Medications.
`
`14.
`
`Documents or Communications related to the unlawful or improper prescribing,
`
`dispensing,use, misuse, abuse, sale,diversion,production,transportation,distribution,purchase
`
`and/or traffickingof Opioids and/or Illicit Drugs.
`
`15.
`
`Communications between You and Plaintiffs regarding Opioids and/or Illicit
`
`Drugs, includingbut not limited to the use, misuse, or abuse of Opioids and/or Illicit Drugs, deaths
`
`or injuriesrelated to Opioids and/or IllicitDrugs, data or analysesrelated to Opioidsand/or Illicit
`
`Drugs, and the causes or contributingfactors to the opioid crisis or epidemic.
`
`16.
`
`Communications with and/or Documents provided to
`
`any employee or
`
`representativeof any federal,state, or local governmental entity,office,agency, or department
`
`related to Opioids and/or Illicit Drugs.
`
`17.
`
`Documents concerning Your interactions with local,state and federal agencies
`
`regardingOpioid Medications or other Controlled Substances, whether licit or illicit.
`
`Date: January 9,2023
`
`Respectfullysubmitted,
`
`/s/ Steven C. Pratico
`Steven C. Pratico (Fla.Bar No. 539201)
`BUCHANAN INGERSOLL & ROONEY PC
`SunTrust Financial Centre
`401 E. Jackson St.,Suite 2400
`Tampa, FL 33602-5236
`
`10
`
`

`

`(813)222-3382 Telephone
`Steven.Pratico@bipc.com
`Secondary email: Kara.Bernstein@bipc.com
`
`Counselfor Defendant
`AmerisourceBergen Drug Corporation
`
`11
`
`

`

`APPENDIX A
`
`Named?efendants in Florida Health Sciences, Inc. et a! v. Richard Sackter et a!.,Case No.
`CACE 19-018882
`
`1. RICHARD SACKLER
`2. BEVERLY SACKLER
`3. DAVID SACKLER
`4. ILENE SACKLER LEFCOURT
`5. JONATHAN SACKLER
`6. KATHE SACKLER
`7. MORTIMER D.A. SACKLER
`8. THERESA SACKLER
`9. JOHN STEWART
`10. MARK TIMNEY
`11. CRAIG LANDAU
`12. RUSSELL GASDIA
`13. BARBARA C. MILLER
`14. BRIANN PARSON-BARNES
`15. BECCA BECK HARVILLE
`16. LINDSEY BONIFACIO
`17. TAMMY HEYWARD
`18. JAMES SPEED
`19. DAMON STORHOFF
`20. DIANA C. MULLER
`21. DRAUPADI DALEY
`22. TEVA PHARMACEUTICAL INDUSTRIES, LTD.
`23. TEVA PHARMACEUTICALS USA, INC.
`24. CEPHALON, INC.
`25. JOHNSON & JOHNSON
`26. JANSSEN PHARMACEUTICALS, INC.
`PHARMACEUTICALS, INC. n/k/a JANSSEN
`27.
`
`PHARMACEUTICALS, INC.
`28. JANSSEN PHARMACEUTICA, INC. n/k/a JANSSEN PHARMACEUTICALS, INC.
`29. ABBOTT LABORATORIES
`30. ABBOTT LABORATORIES, INC.
`31. ABBVIE, INC.
`32. ENDO HEALTH SOLUTIONS, INC.
`33. ENDO PHARMACEUTICALS, INC.
`34. PAR PHARMACEUTICAL, INC.
`35. PAR PHARMACEUTICALS COMPANIES, INC.
`36. MALLINCKRODT, LLC
`37. MALLINCKRODT PLC
`38. SPECGX, LLC
`39. ALLERGAN PLC
`40. ALLERGAN FINANCE, LLC
`41. ALLERGAN SALES, LLC
`42. ALLERGAN USA, INC.
`43. WATSON LABORATORIES, INC.
`
`

`

`44. ACTAVIS LLC
`45. ACTAVIS PHARMA, INC.
`46. ANDA, INC.
`47. H.D. SMITH, LLC f/k/a H.D. SMITH WHOLESALE DRUG CO.
`48. HENRY SCHEIN, INC.
`49. AMERISOURCEBERGEN DRUG CORPORATION
`50. CARDINAL HEALTH, INC.
`51. CVS PHARMACY, INC.
`52. CVS TN DISTRIBUTION, L.L.C.
`53. CVS VERO FL DISTRIBUTION, L.L.C.
`54. CVS ORLANDO FL DISTRIBUTION, L.L.C.
`55. WAL-MART INC.
`56. WAL-MART STORES EAST, LP
`57. NORAMCO, INC.
`58. WALGREEN CO.
`59. WALGREEN EASTERN CO., INC.
`
`

`

`APPENDIX B
`
`Named Plaintiffs in Florida Health Sciences, Inc. et a! v. Richard Sackter et a!.,Case No.
`CACE 19-018882
`1. FLORIDA HEALTH SCIENCES CENTER, INC.
`2. NORTH BROWARD HOSPITAL DISTRICT
`3. HALIFAX HOSPITAL MEDICAL CENTER
`4. BAYFRONT HMA MEDICAL CENTER, LLC
`5. CGH HOSPITAL, LTD.
`6. CITRUS HMA, LLC
`7. CENTRAL FLORIDA HEALTH
`8. CRESTVIEW HOSPITAL CORPORATION
`9. DELRAY MEDICAL CENTER, INC.
`10. FLAGLER HOSPITAL, INC.
`11. GOOD SAMARITAN MEDICAL CENTER, INC.
`12. HAINES CITY HMA, LLC
`13. HEALTH FIRST, INC.
`14. HERNANDO HMA, LLC
`15. HIALEAH HOSPITAL, INC.
`16. HMA SANTA ROSA MEDICAL CENTER, LLC
`17. KEY WEST HMA, LLC
`18. LAKE SHORE HMA, LLC
`19. LAKE WALES HOSPITAL CORPORATION
`20. LARKIN COMMUNITY HOSPITAL PALM SPRINGS CAMPUS, LLC
`21. LARKIN COMMUNITY HOSPITAL, INC.
`22. LARKIN COMMUNITY HOSPITAL BEHAVIORAL SERVICE, INC.
`23. LEESBURG REGIONAL MEDICAL CENTER, INC.
`24. LIFEMARK HOSPITALS OF FLORIDA, INC.
`25. LIVE OAK HMA, LLC
`26. NAPLES HMA, LLC
`27. NORTH SHORE MEDICAL CENTER, INC.
`28. OSCEOLASC LLC
`29. PALM BEACH GARDENS COMMUNITY HOSPITAL, INC.
`30. PORT CHARLOTTE HMA, LLC
`31. PUNTA GORDA HMA, LLC
`32. ST. MARY'S MEDICAL CENTER, INC.
`33. STARKE HMA, LLC
`34. THE VILLAGES TRI-COUNTY MEDICAL CENTER, INC.
`35. VENICE HMA, LLC
`
`

`

`APPENDIX C
`APPENDIX C
`
`

`

`Filing# 155872238 E-Filed 08/23/2022 05:34:15 AM
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY, FLORIDA
`
`FLORIDA HEALTH SCIENCES CENTER, INC.
`
`)
`
`et al.
`
`Plaintiffs.
`
`RICHARD SACKLER et at..
`
`Defendants.
`
`Case No.: CACE 19-018882
`
`STIPULATION REGARDING DOCUMENTS AND ELECTRONICALLY
`STORED INFORMATION, BY CONSENT
`
`1.
`
`PURPOSE
`
`This Stipulationwill govern productionof Documents and ESI (as defined below) by
`
`Plaintiffs and Defendants in this action (the "Parties").This Stipulationshall apply only to
`
`documents that are produced in the firstinstance in this litigation.Nothing in this protocolshall
`
`requireany party that is reproducingdocuments that were firstproduced in factuallyrelated matters
`
`into this litigation.to reformat or modify those reproductionsexcept as set forth herein.
`
`The productionof documents and ESI by the Parties also shall be subjectto the provisions
`
`of any orders concerningconfidentiality.privilege,and/or protectedhealth information as agreed
`
`to among the Parties.or as requiredby statute, and/or entered by the Court ("ProtectiveOrders').
`
`The Parties reserve all objectionsunder Florida law and applicabledecision authorityother than
`
`concerningmatters that are addressed in this Stipulation.
`
`Nothing in this Stipulationshall be interpretedto require disclosure of irrelevant
`
`information or relevant information protectedby the attorney-clientprivilege,work-product
`
`doctrine,or any other applicableprivilegeor immunity.The Parties do not waive any objections
`
`1
`
`8183060. 1
`
`

`

`to the discoverability,admissibility,or confidentialityof documents or ESI. Nothing in this
`
`Stipulationshall be interpretedto supersedethe provisionsofany Protective Orders entered by the
`
`Court in this litigation,unless expresslyprovided for in such an order.
`
`II.
`
`DEFINITIONS
`
`a.
`
`"ConfidentialityDesignation- means the legendaffixed to Documents or ESI tior
`
`confidential or highly confidential information as defined by. and subjectto, the terms of the
`
`Protective Orders agreedto and/or entered by the Court in this litigation.
`
`b.
`
`Document" is defined to include hard-copydocuments, electronic documents, and
`
`ESI as defined herein.
`
`C.
`
`"Electronic Document or Data" means documents or data existingin electronic
`
`form at the time of collection,includingbut not limited to: e-mail or other means of electronic
`
`communications, word processingfiles (e.g.,Microsoft Word). computer slide presentations(e.g..
`
`PowerPoint or Keynote slides),spreadsheets(e.g.Excel).and image files (e.g, PDF).
`
`d.
`
`Electronicallystored information" or "ESL" as used herein includes Electronic
`
`Documents or Data, and computer-generatedinformation or data,stored in or on any storage media
`
`located on computers, file servers, disks. tape,USB drives,or other real or virtualized devices or
`
`media.
`
`e.
`
`'-Extracted Full Text" means the full text that is extracted electronicallyfrom
`
`native electronic files,and includes all header, footer.and document body information.
`
`"Hard-Copy Document" means documents existingin paper form at the time of
`
`collection.
`
`g.
`
`"Hash Value" is a unique numerical identifier that can be assignedto a file.a group
`
`of files. or a portion of a file, based on a standard mathematical algorithm applied to the
`
`2
`
`&1830601
`
`

`

`characteristics of the data set. The most commonly used algorithms,known as MD5 and SHA. will
`
`generate numerical values so distinctive that the chance that any two data sets will have the same
`
`Hash Value, no matter how similar they appear. is less than one in one billion.
`
`h.
`
`Load files' means an electronic file containinginformation identifyinga set of
`
`paper-scannedimages, processed ESI, or native format files,as well as the corresponding
`
`Extracted Full Text or OCR text files and. to the degree available,containingagreed-upon
`
`extracted or user-created metadata, as well as information indicatingunitization (i.e. document
`
`breaks and document relationshipssuch as those between an email and its attachments)used to
`
`load that productionset into the document review platformof the Party receivinga production
`
`("ReceivingParty").and correlate its data within that platform.A load file is used to import all
`
`image, native,and text files and their correspondingproductioninformation into a document
`
`database. The PartyproducingESI or documents (the "Producing Party')shall produce a load file
`
`for all produced documents with each particularproductionin accordance with specifications
`
`provided herein.
`
`1.
`
`.'
`
`'Media" means an objector device, real or virtual,includingbut not limited to a
`
`disc,tape, computer. or other device on which data is or was stored.
`
`j.
`
`"Metadata" means: (i)information embedded in or associated with a native file
`
`that describes the characteristics,origins,usage, and/or validityof the electronic file; (ii)
`
`information generated automaticallyby the operationof a computer or other information
`
`technologysystem when a native file is created, modified. transmitted,deleted, or otherwise
`
`manipulatedby a user of such system, (iii)information. such as Bates numbers, redaction status.
`
`privilegestatus. or confidentialitystatus created duringthe course of processingdocuments or ESI
`
`for production,and (iv)information collected duringthe course of collectingdocuments or ESI,
`
`3
`
`8183060.1
`
`

`

`such as the name of the media device on which it was stored, or the custodian or non-custodial
`
`data source from which it was collected. Nothing in this order shall requireany party to manually
`
`populatethe value for any metadata field.
`
`k.
`
`'Native Format" or "native file" means the format of ESI in which it was
`
`generatedand/or used by the ProducingPartyin the usual course of its business and in its regularly
`
`conducted activities. For example, the native format of an Excel workbook is an .xls or .xslx file.
`
`1.
`
`"Optical Character Recognition" or "OCR' means the optical character
`
`recognitiontechnologyused to read the text within electronic images of paper Documents and
`
`create a file containinga visible. searchable text format of such Documents.
`
`m.
`
`n.
`
`Producing Party" means the PartyproducingESI or documents.
`
`"Searchable Texf' means the native text extracted from an electronic document
`
`and any OpticalCharacter Recognition text ("OCR text")generatedfrom the electronic image of
`
`a paper Document.
`
`III.
`
`IDENTIFICATION OF DOCUMENTS AND ESI
`
`a.
`
`The Parties agree to meet and confer to discuss (i)data sources (includingemail)
`
`containingpotentiallyrelevant ESI for potentialcollection. review, and production:(ii)parameters
`
`for scoping the review and productionefforts (e.g.,applicationof date ranges, de-NIST'ing,etc.);
`
`(iii)potentialuse and identification of search terms, tools. or techniques to collect ESI for
`
`responsivenessreview; (iv)the identification and productionof documents and ESI from sources
`
`that do not requirethe use of search terms, tools. or techniques:(v)the method each Party proposes
`
`to use to identifyand de-duplicatedocuments. and any exceptionsto such de-duplicationthe Party
`
`proposes to implement; and (vi)the treatment of non-responsive documents within parent-child
`
`families.
`
`4
`
`S'83060.I
`
`

`

`b.
`
`The Parties further agree to meet and confer to the extent that any Partyasserts that
`
`this Stipulationimposes any undue burden or expense on any Plaintiff or Defendant with respect
`
`to its response to any particulardiscoveryrequest.
`
`C.
`
`Nothing in this Stipulationshall be deemed to be a waiver of any Party's rightto
`
`reasonably seek agreement from the other Parties. or a Court ruling.to modify proposed or
`
`previouslyagreed-tosearch terms, techniques.or tools.
`
`IV.
`
`DEDUPLICATION
`
`a.
`
`To the extent exact duplicatedocuments reside within a Party's ESI data set. the
`
`Party may produce only a single,de-duplicatedcopy of a responsivedocument. "Exact duplicate"
`
`shall mean bit-for-bit identityof the document content with exact hash value matches; so-called
`
`'near duplicates"will not be included within this definition.
`
`b.
`
`To the extent a Partyde-duplicatesits documents, it shall de-duplicatestand-alone
`
`documents or entire document families in their ESI sources by the use of MD5. SHA-1. or SHA256
`
`hash values. Where any such documents have attachments. hash values must be identical for both
`
`the document plus-attachment(includingassociated metadata) as wel] as for any attachment
`
`(includingassociated metadata) standingalone.
`
`C.
`
`A Producing Party shall de-duplicateESL includingwhere appropriateacross
`
`custodians. and populate a field of data that identifies each custodian who had a copy of the
`
`produced document (the "DuplicateCustodian' field)in addition to a separate field of data
`
`identifyingthe custodian whose document is produced; where applicable.such de-duplicated
`
`documents shall be deemed produced from the custodial files of each such identified custodian for
`
`alI purposes in this litigation,includingfor use at depositionand trial. Where applicable.a
`
`Producing Party shall use a uniform descriptionof a particularcustodian across productions.
`
`5
`
`8183060.1
`
`

`

`Multiplecustodians in the "DuplicateCustodian" field shall be separatedby a semicolon. The
`
`Producing Party agrees that the presence of an individual's name contained in the '
`
`Duplicate
`
`Custodians '
`
`field in the metadata for a particulardocument indicates that the individual possessed
`
`that document in his/her custodial file.
`
`d.
`
`No Party shall identifyand/or eliminate duplicatesby manual review or some
`
`method other than by use ofthe technical comparison using MD5, SHA-1, or SHA256 hash values
`
`outlined above. However. in order to reduce the volume of entirelyduplicativecontent within
`
`email threads,the Parties may utilize commerciallyavailable "email thread suppression"tools.
`
`e.
`
`r.
`
`Hard-Copy Documents shall not be eliminated as duplicatesof ESL
`
`tf the Producing Party makes supplemental productions following an initial
`
`production,and the supplementalproductioncontains exact duplicates,that Party shall provide
`
`with such a supplementalproductionan overlayfile to allow the Receiving Partyto update the
`
`"DuplicateCustodian" field. The overlayfile shall include all custodians listed in the "Duplicate
`
`Custodian
`
`field in prior productionsand any custodians newly identified in the current
`
`supplemental production.
`
`V.
`
`PRODUCTION FORMATAND PROCESSING SPECIFICATIONS
`
`a.
`
`Standard Format.
`
`Unless otherwise specifiedin Section 5(b) or pursuant to Section 5(h) below, the Parties
`
`shall produce documents in tagged image file format ( 'TIFF").TIFFs of ESI shall convey the same
`
`information and image as the originaldocument. includingall commenting, versioning,and
`
`formattingthat is visible in any view of the document in its native application.All hidden text will
`
`be expanded, extracted,and rendered in the TIFF file and, to the extent possible,the Producing
`
`Partywill instruct its vendor to force off Auto Date. Any TIFFs produced shall be single-page.300
`
`6
`
`8 183060 l
`
`

`

`DPI. Group IV TIFF files. After initial productionin image file format is complete.a party must
`
`demonstrate particularizedneed for productionof ESI in its native format.
`
`b.
`
`Native Format.
`
`Except as provided by Section 5(h)below. the Parties shall produce all spreadsheets.audio
`
`files,computer slide presentations.video fiiles,and other file types that cannot be accurately
`
`representedin TIFF format in native format, provided,however. that the Parties will meet and
`
`confer regardingappropriateformat of production for databases and structured dat

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket