State Court of Fulton County
`**E-FILED**
`17EV005118
`7/16/2018 10:57 AM
`LeNora Ponzo, Clerk
`Civil Division
`
`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
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`CIVIL ACTION FILE
`NO.: 17EV005118
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`3 *
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`MOTION TO COMPEL SOUTH COBB OB/GYQ TO
`RESPOND TO NON—PARTY DISCOVERY
`COMES NOW, Defendant, in the above-styled case, and moves the Court for an Order
`requiring South Cobb OB/GYN 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 of
`Documents to a Non-Party to South Cobb OB/GYN for Medical records concerning BROOKE
`
`BAKER. m Exhibit A.
`
`On May 31, 2018, counsel for Defendant wrote to South Cobb OB/GYN requesting
`voluntary compliance with the pending request for documents. fig Exhibit B.
`
`2.
`
`BROOKE BAKER, and
`ROBERT BAKER,
`
`Plaintiffs,
`
`vs.
`BARBARA MANGIAFICO,
`
`Defendant.
`
`GRANTED
`* J M
`
`

`

`3.
`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—pafiy have
`objected to the pending request.
`
`4.
`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 to 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,MMAlisa 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.0. Box 674027
`Marietta, GA 30006
`(770) 240-9453
`(866) 221-1 174
`alisa_s_connell@progressivc.com
`
`

`

`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`*
`
`CIVIL ACTION FILE
`NO.: 17EV0051 18
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`* 4
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`5k
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`* a
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`BROOKE BAKER, and
`ROBERT BAKER,
`
`Plaintiffs,
`
`vs.
`BARBARA MANGIAFICO,
`
`Defendant.
`
`*
`ORDER GRANTING MOTION TO COMPEL
`SOUTH COBB OB/GYN TO RESPOND TO NON-PARTY DISCOVERY
`IT IS HEREBY ORDERED AND ADJUDGED, that Motion t0 Compel is hereby
`GRANTED. South Cobb OB/GYN is ordered to fully respond to Defendant’s Request for
`Production ofDocuments t0 a Non—Party, no later than ten (1 0) days from the date 0f this Order.
`
`, 201 8.
`
`2mM&k
`
`Judge, State Coufiof Fulton County
`
`16
`
`This
`
`day of
`
`July
`
`GRANTED
`Prepared by:f/mw
`
`Alisa S. Connell
`Georgia Bar No. 94041 8
`Worsham, Corsi, Scott & Dobur
`P.O. Box 674027
`Marietta, GA 30006
`(770) 240-9453
`alisa_s_connell@progressive.com
`
`

`

`CERTIFICATE OF SERVICE
`
`This is to certify that on June 11, 2018 I have served the within and foregoing Motion to
`Compel South Cobb OB/GYN to Respond to Non-Party Discovery upon all parties by
`electronic service or by depositing a copy of same in the United States Mail in a properly
`addressed envelope with adequate postage thereon t0 ensure delivery to:
`
`J. Mac C. Pilg‘im, Esq.
`The Pilgrim Law Group
`845 S. Carroll Road
`Suite A&B
`PO Box 2200
`Villa Rica, GA 30180
`
`South Cobb OB/GYN
`1700 Hospital South Drive, Suite 500
`Austell, GA 30106
`
`Respectfully submitted,mall
`
`Alisa 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) 221-1174
`alisa_s__connell@progressive.com
`
`

`

`WORSHAM, CORSI, SCOTT & DOBUR
`Not a Partnership - Not a Corporation
`Attorneys and Counselors at Law
`Salaried Employees ofProgessive Casualty Insurance Company
`
`Melvina Polanco
`Legal Administrative Assistant
`(770) 240-9454
`
`MelvinaiPolanco@progessive.com
`Facsimile: (866) 221 -1 174
`
`April 10, 2018
`
`South Cobb OB/GYN
`Attn: Records Custodian
`1700 Hospital South Drive, Suite 500
`Austell, GA 30106
`Patient: BROOKE BAKER
`RE:
`Date 0f Binh:
`Social Security No.:
`Baker vs. Mangiafico
`State Court ofFulton County; CAFN 17EV005] 18
`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 pan as follows:
`“(c) 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 0f record.”
`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
`The Request itself specifies that the
`Request going to all parties of records in the lawsuit.
`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 of Documents to a Non-Party addressed to
`you and an Authentication/Verification of Custodian of Records, which should be completed by
`you and forwarded t0 us along with the requested documents. DO NOT COPY AND SEND
`
`

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`YOUR RECORDS TO US BEFORE THE TWENTY-THREE (23) DAY PERIOD AS
`SPECIFIED IN THE REQUEST.
`We are seeking the entire medical file ofBROOKE BAKER.
`
`Please understand that this Request for Production of Documents m comply with
`
`HIPAA (Health Insurance Portability and Accountability Act of 1996). HIPAA states that a
`health care provider can respond to a subpoena, discovery 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 party 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 to the provisions of O.C.G.A. § 9-11-34(c), I have served your patient through
`her attorney with this request. The twenty-three day timetable serves to allow the attomey to make
`any objections the attorney may have t0 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 office at a deposition or court hearing.
`
`Although Item (f) ofthe Request asks for copies ofx-ray films and diagnostic testing taken
`0f 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 to 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 of
`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.
`
`S incere ly,MW
`
`Alisa S. Connell
`
`ASC/ras
`Enclosums
`J. Mac C. Pilgrim, Esq.
`cc:
`The Pilgrim Law Group
`
`

`

`IN THE STATE COURT OF FULTON COUNTY
`STATE 0F GEORGIA
`*
`
`CIVIL ACTION FILE
`No.: 17EV0051 18
`
`"'
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`*
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`*
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`BROOKE BAKER, and
`ROBERT BAKER,
`
`Plaintiffs,
`
`vs.
`
`BARBARA MANGIAFICO,
`
`*
`Defendant.
`REQUEST FOR PRODUCTION 0F DOCUMENTS TO A NON-PARTY
`AND NOTICE 0F INTENT TO ADMIT BUSINESS RECORDS
`PURSUANT TO O.C.G.A. § 24-9-9020 1)
`
`TO:
`
`South Cobb OB/GYN
`Attn: Records Custodian
`1700 Hospital South Drive, Suite 500
`Austell, GA 30106
`Patient: BROOKE BAKER
`RE:
`Date of Birth:
`Social Security No.:
`
`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 l-34(c) and Notice of Intent to Admit Business
`Records Pmsuant 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—three (23) days afier service
`
`of this Request. Also should any counsel wish to inspect any documents or records obtained by
`
`

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`the undersigned in response to this Request for Production of 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 t0 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 0f Worsham, Corsi, Scott &
`Dobur, P.0. Box 674027, Marietta, Georgia 30006.
`
`The requested documents are as follows:
`
`(a)
`
`(b)
`
`(C)
`
`(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 to 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 on 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 referral information;
`An itemized summary of charges for treatment rendered t0 or on behalf of
`BROOKE BAKER;
`Copies ofany and all x-ray films, MRI s, CT scans, and any other diagnostic testing
`taken ofBROOKE BAKER.
`
`Respectfijlly submitted,MWAlisa S. Connell
`
`Georgia Bar No: 940418
`Attorney for Defendant
`
`

`

`Worsham, Corsi, Scott & Dobur
`P.O. Box 674027
`Marietta, GA 30006
`(770) 240-9453
`1866) 221-1 174
`a1isa_s_connell@progressive .com
`
`

`

`AUTHENTICATION/VERIFICATION OF CUSTODIAN OF RECORDS
`The undersigned hereby certifies that I am the custodian of records of the business entity
`South Cobb OBIGYN, or am a person with knowledge ofthe record-keeping practices of South
`Cobb OBIGYN, 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 ofSouth Cobb OB/GYN. These records were (A) made at or near the time ofthe described
`acts, events, conditions, opinions, diagnoses or other matters set forth therein; (B) they were made
`by, or from information transmitted by, a person with persona] 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 South Cobb OBIGYN; (D) and it is the regular practice of South Cobb
`OB/GYN to make these records.
`These records may contain copies of medical records originally provided by hospital and
`other facilities or other providers of medical care. The originals ofany 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 filrther 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 is given pursuant to Georgia law, O.C.G.A. §24-9-902 §24-8-803, in lieu
`ofthe personal appearance ofthe undersigned. The undersigned further 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
`, 20_.
`
`Custodian of the Records
`South Cobb OB/GYN
`
`this
`
`day of
`
`Notary Public
`My Commission Expires:
`
`PRINT NAME
`
`175743825
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that on April 10, 2018 a copy of 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(ll) was served upon all parties 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
`
`Respectfully submitted.mwAlisa S. Connell
`
`Georgia Bar No: 940418
`Attorney for Defendant
`
`Worsham, Corsi, Scott & Dobur
`P.O. Box 674027
`Marietta, GA 30006
`(770) 240-9453
`1866! 221-1174
`a1isa_s_connell@pro gressive.com
`
`

`

`WORSHAM, CORSI, SCOTT & DOBUR
`Not a Partnership — Nol a Corporation
`Attorneys and Counselors at Law
`Salaried Employem of Progressive Casualty Insuran ce Company
`P.O. Box 674027
`Marietta, GA 30006
`
`Melvina Polanco
`Legal Administrative Assistant
`(770) 240-9454
`
`Melvina¥Polanco@progrcssive.com
`Facsimile: (866) 22 1-1 174
`
`May 29, 201 8
`
`FOLLOW UP LETTER
`South Cobb OB/GYN
`Attn: Records Custodian
`I700 Hospital South Drive, Suite 500
`Austell, GA 30106
`Patient: BROOKE BA .KER
`RE:
`Date of Birth:
`Social Security No.:
`Baker vs. Mangiafico
`State Court ofFulton County; CAFN 17EV005] l8
`Dear Sir 0r Madam:
`On 04/10/2018, a Request for Production of Documents was mailed to 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, I would appreciate it if you would produce the documents along with the
`Authentication/Verification 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.
`
`micrdy, Z
`
`Alisa S. ConnelI
`
`f
`
`a
`
`ASC/tr
`
`