Court orders Florida doctor to complete deposition in pending lawsuit

By Kasey Schefflin-Emrich | Nov 24, 2018

WEST PALM BEACH — The U.S. District Court for the Southern District of Florida granted a motion ordering a Florida doctor to complete depositions in the doctor's lawsuit alleging civil rights violations after he lost his license following the death of a patient.

The doctor, Kenneth Woliner, filed a lawsuit against three employees of the Medical Quality Assurance Division of the Florida Department of Health and the mother of a young woman who claims his treatment of her daughter caused her death, resulting in Woliner losing his license, according to the court document.

Woliner claims illegal interception, disclosure and use of oral communications, violation of civil rights, conspiracy to violate civil rights, and intentional infliction of emotional distress.

The court document says the defendants have been trying to take Woliner’s deposition in the lawsuit since July 2018. The defendants allege Woliner set up roadblocks to delay the deposition, including failing to attend, appearing to a scheduled deposition with his wife—a material witness in the lawsuit—and terminating a deposition after becoming angry at questions.

The defendants seek costs related to retaining court reporters, drafting the motion, responding to Woliner’s motions, rescheduling depositions and attorney fees.

The court on Nov. 13 granted the defendants’ motion to compel the completion of Woliner’s deposition and has ordered Woliner to attend his deposition on or before Dec. 14. The court ordered Woliner to directly answer the defense counsel’s relevant and proper questions, give the defendants an additional four hours of time to take his deposition, and provide his social security number and driver’s license number in a redacted or off-the-record procedure.

The court also granted the defendants’ motion for sanctions, which means Woliner is required to pay the defendants’ expenses related to the first and second depositions.

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