OCALA — A federal court has denied in all respects a defendant’s motion for pre-suit communications and discovery as well as a plaintiff’s motion for production of exemplars and motion for sanctions.
Winston Ramkelawan et al had filed a complaint April 22 in U.S. District Court of the Middle District of Florida Ocala Division against Globus Medical Inc, et al. The defendant sought to compel pre-suit communications and discovery with third parties relating to two prior lawsuits and the plaintiff seeks to compel production of exemplars and motion for sanction.
The defendants' requests for pre-suit documents in two lawsuits by the plaintiff included the plaintiff’s allegations of medical malpractice against Dr. Barry Kaplan and allegations of nursing home negligence against the Life Care Center of Ocala.
The defendant contended it was entitled to Kaplan’s deposition and other documents. Ramkelawan sought to establish that a privilege applies and the defendant must prove that the privilege was waived.
The plaintiffs alleged that their disclosure of the doctor’s pre-suit deposition was inadvertent, although they say they could have taken more precautions to prevent inadvertent disclosure; Even so, the court has decided that the factors are in the plaintiff’s favor.
The case was heard by U.S. Magistrate Judge Philip R. Lammens.
U.S. District Court Middle District of Florida Ocala Division case number 5:18-CV-00100