`**E-FILED**
`17EV005118
`7/16/2018 11:00 AM
`LeNora Ponzo, Clerk
`Civil Division
`
`BROOKE BAKER, and
`ROBERT BAKER,
`
`IN THE STATE COURT OF FULTON COUNTY
`STATE 0F GEORGIA
`GRANTED
`+
`.
`fl
`
`CIVIL ACTION FILE
`N0; 17BV0051 18
`
`u:
`
`*
`*
`
`3i
`
`N *
`
`Plaintiffs,
`
`VS-
`BARBARA MANGIAFICO,
`
`Defendant.
`
`a '“ M @kék
`
`*
`
`h
`
`*
`u
`MOTION TO COMPEL DR. MICHAEL MOODY TO
`RESPOND TO NON-PARTY DISCOVERY
`COMES NOW, Defendant, in the above-styled case, and moves the Court for an Order
`requiring Dr. Michael Moody to comply with the non-party discovery request, showing the Court
`the following:
`
`1.
`
`On April 10, 2018, counsel for Defendant submitted a Request for Production 0f
`Documents to a Non—Party to Dr. Michael Moody for Medical records concerning BROOKE
`BAKER. S416 Exhibit A.
`
`2.
`
`On May 31, 2018, counsel for Defendant wrote to Dr. Michael Moody requesting
`
`voluntary compliance with the pending request for documents. E Exhibit B.
`
`
`
`2.
`
`Over 2 months have passed since the Request for Production of Documents to a Non—
`Party was filed and no response has been made. Neither the Plaintiffs nor the non-pany have
`
`obj ected to the pending request.
`
`3.
`The undersigned certifies that multiple attempts were made to resolve this matter without
`the necessity of intervention by the Court as described above, in a good faith effort t0 resolve
`
`these matters as required by Uniform State Court Rule 6.4(B).
`WHEREFORE, Defendant prays:
`that the Court issue an order requiring immediate compliance with the pending non—party
`
`(a)
`
`request;
`
`Respectfully submitted,mwAlisa S. Connell
`
`Georgia Bar No: 94041 8
`Attorney for Defendant
`
`(b)
`
`for an order awarding attomey’s fees incurred due to this non-party’s willful disregard of
`
`a lawful discovery request.
`
`This Monday, June 11, 2018.
`
`Worsham, Corsi, Scott & Dobur
`P.O. Box 674027
`Marietta, GA 30006
`(770) 240-9453
`1866! 221-1174
`a1isa_s_connell@progressive.com
`
`
`
`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`*
`
`CIVIL ACTION FILE
`NO.: 17EV0051 18
`
`“ *
`
`* *
`
`*
`
`a:
`
`* 4
`
`:
`
`BROOKE BAKER, and
`ROBERT BAKER,
`
`Plaintiffs,
`
`vs.
`BARBARA MANGIAFICO,
`
`Defendant.
`
`*
`ORDER GRANTING MOTION TO COMPEL DR. MICHAEL MOODY
`TO RESPOND TO NON-PARTY DISCOVERY
`IT IS HEREBY ORDERED AND ADJUDGED, that Motion to Compel is hereby
`GRANTED. Dr. Michael Moody is ordered to fully respond to Defendant’s Request for
`Production 0f Documents to a Non—Party, no later than ten (1 0) days fi'om the date of this Order.
`
`, 201 8.
`
`30H M E&PK
`
`Judge State C0611 ofFulton County
`
`16
`
`This
`
`day of
`
`July
`
`GRANTED
`
`Prepared by:
`
`flu, MAlisa S. Connell
`
`Georgia Bar No. 94041 8
`Worsham, Corsi, Scott & Dobur
`P.O. Box 674027
`Marietta, GA 30006
`(770) 240-9453
`a1isa_s_connell@progressive.com
`
`
`
`CERTIFICATE OF SERVICE
`
`This is t0 certify that on June 11, 2018 I have served the within and foregoing Motion to
`Compel Dr. Michael Moody to Respond to Non-Party Discovery upon all panics by
`electronic service or by depositing a copy of same in the United States Mail in a properly
`
`addressed envelope with adequate postage thereon to ensure delivery to:
`
`J. Mac C. Pilgrim, Esq.
`The Pilgrim Law Group
`845 S. Carroll Road
`Suite A&B
`PO Box 2200
`Villa Rica, GA 30180
`
`Michael Moody
`8464 Adair St. A
`Douglasville, GA 301 34
`
`Respectfillly submitted,mmAlisa S. Connell
`
`Georgia Bar No: 94041 8
`Attorney for Defendant
`
`Worsham, Corsi, Scott & Dobur
`P.O. Box 674027
`Marietta, GA 30006
`(770) 240-9453
`1866) 221-1 174
`alisa_s_conne11@progrcssive.com
`
`
`
`WORSHAM, CORSI, SCOTT & DOBUR
`Not n Partnership — Nat a Corporation
`Attorneys and Counselors at Law
`Salaried Employees ofProgmssive Casualty Insurance Company
`
`Melvina Polanco
`Legal Administrative Assistant
`(770) 240-9454
`
`Melvina_Polanw@prog‘essive.com
`Facsimile: (866) 221-1 174
`
`April 10, 201 8
`
`Dr. Michael Moody
`Attn: Records Custodian
`8464 Adair St. A
`Douglasville, GA 30134
`Patient: BROOKE BAKER
`RE:
`Date ofBirth:
`Social Security N0.:
`Baker vs. Mangiafico
`State Court of Fulton County; CAFN 17EV0051 1 8
`Dear Sir or Madam:
`Please be advised that our firm represents Defendant, in a lawsuit filed in the State Court
`of Fulton County. In order to effectively represent our client, it is necessary to examine certain
`records regarding BROOKE BAKER.
`Georgia law authorizes a party to a lawsuit to review documentary evidence in the
`possession ofpersons, firms, and/or corporations who are not actually parties to the lawsuit. This
`law reads in pertinent part as follows:
`“(0) The provisions ofthis section shall also be applicable with respect to discovery
`against persons, firms, or corporations who are not parties, in which event a copy
`ofthe Request shall be served upon all parties ofrecord.”
`The law provides that a Request for Production of Documents pursuant to O.C.G.A §
`9-1 l-34(c) shall be served upon the person who possesses the documents, with copies of the
`Request going to all parties of records in the lawsuit.
`The Request itself specifies that the
`documents are not to be produced before a particular date, and therefore, affords the lawyer
`representing Plaintiff an opportunity to object to the requested production.
`Enclosed please find a Request for Production ofDocuments to a Non-Party addressed to
`you and an Authentication/Verification of Custodian of Records, which should be completed by
`you and forwarded to us along with the requested documents. DO NOT COPY AND SEND
`EXHIBIT
`
`g_&_
`
`
`
`YOUR RECORDS TO US BEFORE THE TWENTY-THREE (23) DAY PERIOD AS
`SPECIFIED IN TI-E REQUEST.
`We are seeking the entire medical file ofBROOKE BAKER.
`
`Please understand that this Request for Production of Documentsm comply with
`
`HIPAA (Health Insurance Portability and Accountability Act of 1996). HIPAA states that a
`health care provider can respond to a subpoena, discover) request, or other lawful process that is
`not accompanied by an order of a court of administrative tribunal, if the provider has received
`satisfactory assurances from the party seeking the information that reasonable efforts have been
`made by such pany to ensure that the individual who is the subject of the protected health
`information that has been requested has been given notice ofthe request.
`Pursuant t0 the provisions of O.C.G.A. § 9—1 1-34(c), l have served your patient through
`her attorney with this request. The twenty-three day timetable serves to allow the attorney to make
`any objections the attorney may have to this request. Please note that ifno objection is made, the
`medical records requested must be produced, or sanctions may be imposed by the court.
`Please be aware that the individual’s medical condition was placed in issue when she filed
`the within referenced lawsuit. O.C.G.A. (Official Code of Georgia Annotated) §24-12-1 (a)
`provides, in relevant part, that a patient waives the privilege of confidentiality of his/her medical
`information “to the extent that the patient places his or her care and treatment or the nature and
`extent of his or her injuries at issue in any judicial proceeding.” Accordingly, this law should
`relieve you of any uncertainty (from both a legal and/or ethical standpoint) as to whether or not
`you should reveal your files concerning this patient.
`
`Please also note that this procedure is being used in order to avoid the expense and
`inconvenience of serving a subpoena for the production of documents, which may require your
`appearance out of your oflice at a deposition or court hearing.
`Although Item (f) ofthe Request asks for copies ofx-ray films and diagnostic testing taken
`of the BROOKE BAKER, we do not have need of these films at the present time. We have
`included Item (t) so that in the event we require these films at a later date, we will promptly be
`able to obtain these films without having t0 wait the twenty day time period as set out in the statute.
`When you do forward the copy ofyour records to us, you may also enclose your statement
`for the reasonable expense involved in coping and we will be happy to honor the same. If the cost
`of producing said records exceeds $250.00, counsel for Defendant requires pre-approval 0f
`the expense.
`
`I certainly appreciate your assistance in this matter. Ifyou have any questions concerning
`the foregoing, please do not hesitate to call me.
`
`
`
`To all counsel involved in this litigation, please accept this as the undersigned’s Notice of
`Intent to Admit Business Records pursuant to O.C.G.A. § 24—9-9020 1). Should any counsel wish
`to inspect any documents or records obtained by the undersigned in response to this Request for
`production ofDocuments, please contact the undersigned to arrange a review and/or inspection.
`
`Sincerely,MM
`
`Alisa S. Connell
`
`ASC/ras
`Enclosures
`J. Mac C. Pilgrim, Esq.
`cc:
`The Pilgrim Law Group
`
`
`
`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`
`CIVIL ACTION FILE
`NO.: 17EV0051 18
`
`'
`
`‘ q
`
`:
`
`* *
`
`*
`
`é?
`
`* P
`
`H
`
`BROOKE BAKER, and
`ROBERT BAKER,
`
`Plaintiffs,
`
`vs.
`
`BARBARA MANGIAFICO,
`
`*
`Defendant.
`REQUEST FOR PRODUCTION 0F DOCUMENTS T0 A NON—PARTY
`AND NOTICE 0F INTENT To ADMIT BUSINESS RECORDS
`PURSUANT T0 O.C.G.A. §24—9—902(11)
`
`T0:
`
`Dr. Michael Moody
`Attn: Records Custodian
`8464 Adair St. A
`Douglasville, GA 30134
`Patient: BROOKE BAKER
`RE:
`Date of Binh:
`Social Security No.2
`
`COMES NOW, Defendant in the above—styled case, and serves upon you this Request for
`Production of Documents pursuant to O.C.G.A. § 9-1 1-34(c) and Notice of Intent to Admit Business
`Records Pursuant to O.C.G.A. § 24-9-9020 1).
`
`Pursuant to O.C.G.A. §9-1 1-34(c), you are hereby requested to produce the following
`documents for inspection and copying at the offices of Worsham, Corsi, Scott & Dobur, 360
`Interstate North Parkway, Suite 200, Atlanta, Georgia 30339, twenty-thrce (23) days afier service
`of this Request. Also should any counsel wish to inspect any documents or records obtained by
`
`
`
`the undersigned in response to this Request for Production 0f Documents, please contact the
`
`undersigned to arrange a review and/or inspection.
`NOTE: Do not respond to this request prior to the expiration of twenty three (23)
`days from the date of service in order to allow time for any objections to be filed.
`In lieu of the production at the time and place stated above, you may forward true
`and correct copies of the requested material to Alisa S. Connell of Worsham, Corsi, Scott &
`Dobur, P.0. Box 674027, Marietta, Georgia 30006.
`
`The requested documents are as follows:
`
`(a)
`
`(b)
`
`(0)
`
`(d)
`
`(e)
`
`(f)
`
`Records ofany and all medical treatment ever rendered to or on behalfofBROOKE
`BAKER, including but not limited to emergency room records, office notes, and
`correspondence;
`Copies of each and every record, report, correspondence or writing of each and
`every kind or nature pertaining t0 or in any way connected with your treatment,
`examination, evaluation, or professional association with BROOKE BAKER;
`A record of any payments made to you by or 0n behalf of BROOKE BAKER,
`including the amount and source of those payments, regarding the charges listed
`above;
`
`Please also submit any and all patient questionnaires and/or other forms filled out
`by the patient, any and all insurance information, and any and all other information
`contained in the patient’s file, including but not limited to refenal information;
`An itemized summary of charges for treatment rendered to or on behalf of
`BROOKE BAKER;
`Copies 0f any and all x-ray films, MRls, CT scans, and any other diagnostic testing
`taken ofBROOKE BAKER.
`
`Respectfully submitted,mmAlisa S. Connel]
`
`Georgia Bar No: 940418
`Attorney for Defendant
`
`
`
`Worsham, Corsi, Scott & Dobur
`P.O. Box 674027
`Marietta, GA 30006
`(770) 240-9453
`(866) 221-1174
`alisa_s_connel l@progressive.com
`
`
`
`AUTHENTICATION/VERIFICATION 0F CUSTODIAN OF RECORDS
`The undersigned hereby certifies that I am the custodian of records of the business entity
`Michael Moody-, or am a person with knowledge of the record-keeping practices of Michael
`Moody—, and that I have the authority to certify said records and copies thereof.
`
`I further certify that the records attached hereto are true and accurate reproductions ofthe
`records and other documents, including computer records, pertaining to BROOKE BAKER, a
`patient of Michael Moody-. These records were (A) made at or near the time of the described
`acts, events, conditions, opinions, diagnoses or other matters set forth therein; (B) they were made
`by, 0r from information transmitted by, a person with personal knowledge of such matters or a
`business duty to report such matters; (C) they are kept in the course of the regularly conducted
`business activity of Michael Moody-; (D) and it is the regular practice of Michael Moody- to
`make these records.
`
`These records may contain copies 0f medical records originally provided by hospital and
`other facilities or other providers of medical care. The originals of any other medical records were
`prepared and maintained by the original sources. However, the attached records are true and
`accurate reproductions of the copies in our records. I further certify that I have attached true and
`accurate copies of ALL records or other documents pertaining to the patient for all dates of
`treatment and ALL injuries, illnesses, or conditions for which the patient was seen at this facility.
`This certificate 1's given pursuant to Georgia law, O.C.G.A. §24-9-902 §24-8-803, in lieu
`ofthe personal appearance ofthe undersigned. The undersigned fithher certifies that said records
`with the attached Declaration were delivered to the attorney of record for Defendants, who is the
`counsel who sought production.
`Sworn to and subscribed before me
`
`this
`
`day of
`
`, 20
`
`,
`
`Custodian ofthe Records
`Michael Moody-
`
`Notary Public
`My Commission Expires:
`
`PRINT NAME
`
`175743825
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on April 10, 2018 a copy 0f the Request for Production of
`Documents to a Non-Party and Notice of Intent to Admit Business Records Pursuant to
`O.C.G.A. § 24-9-902(l 1) was served upon all parties by electronic service or by depositing a copy
`ofsame in the United States Mai] in a properly addressed envelope with adequate postage thereon
`
`to ensure delivery to:
`
`J. Mac C. Pilgrim, Esq.
`The Pilgrim Law Group
`845 S. Carroll Road
`Suite A&B
`PO Box 2200
`Villa Rica, GA 30180
`
`Respectfully submitted,MMAlisa S. Connell
`
`Georgia Bar No: 94041 8
`Attorney for Defendant
`
`Worsham, Corsi, Scott & Dobur
`P.O. Box 674027
`Marietta, GA 30006
`(770) 240-9453
`(866) 221-1174
`alisa_s_connell@progressive.com
`
`
`
`WORSHAM, CORSI, SCOTT & DOBUR
`Nut a Partnership — Not n Cnrporation
`Attorneys and Counselors at Law
`Salaried Employees of Progressive Casualty Insurance Company
`P.0. Box 674027
`Marietta, GA 30006
`
`Melvina Polanoo
`Legal Administrative Assistant
`(770) 240-9454
`
`Melvina_Polanco@progressivc.com
`Facsimile: (866) 22 l -l 174
`
`May 3 l , 20] 8
`
`Follow—Up Letter
`Michael Moody
`Attn: Records Custodian
`8464 Adair St. A
`Douglasville, GA 30134
`Patient: BROOKE BAKER
`RE:
`Date of Birth:
`Social Security No.:
`Baker vs. Mangiafico
`State Court ofFulton County; CAFN 17EV005 l 18
`Dear Sir or Madam:
`On April 10, 2018, a Request for Production of Documents was mailed t0 you regarding
`BROOKE BAKER. Georgia law requires that you respond to this Request for Production of
`Documents within thirty (30) days if the opposing attorney does not object. If you do not have
`any of the documents in response to the request, or if there is another problem in producing the
`documents, please give me a call at the phone number printed above and let me know.
`Otherwise, l would appreciate it if you would produce the documents along with the
`AuthenticationNerification of Custodian of Records within the next ten (10) days to avoid the
`need to file a Motion with the Court compelling you to produce the documents.
`Thank you for your cooperation.
`flccrely,
`
`;
`Alisa S. Connell
`
`,
`
`E
`
`ASC/rjs
`
`EXHIBIT '
`
`