Page 1 of 6 Filed 7/21/2023 9:14 AM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FL IN THE TWELFTH JUDICIAL CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA JACK KOWALSKI, JACK KOWALSKI AND ON BEHALF OF HIS CHILDREN MK A MINOR, JACK KOWALSKI AND ON BEHALF OF HIS CHILDREN KK A MINOR, JACK KOWALSKI AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BEATA KOWALSKI DECEASED, Plaintiff, v. CASE NO. 2018 CA 005321 NC DIVISION C CIRCUIT JOHNS HOPKINS ALL CHILDRENS HOSPITAL INC, SUNCOAST CENTER INC, CATHERINE BEDY, THE DEPARTMENT OF CHILDREN AND FAMILIES AS THE CUSTODIAN OF RECORDS, SALLY M SMITH MD, JOHNS HOPKINS HEALTH SYSTEM CORPORATION INC, Defendant. _____________________________________ ORDER ESTABLISHING ORDER OF MOTIONS TO BE HEARD ON AUGUST 2, 2023 The following motions will be heard in the following Order during the hearing on August 2, 2023, at 8:30 a.m.: 1. Jury selection issues – see DIN 3190 – and trial exhibits (30 minutes total; Clerk’s office personnel to be present – this discussion will begin at approximately 9:15 a.m.; until then, the Court will address other agenda items). a. Draft #1, Jury Plan. Page 2 of 6 Filed 7/21/2023 9:14 AM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FL b. Draft #2, Supplemental Juror Questionnaire. c. Peremptory challenges d. Total number of alternate jurors; peremptory challenges for alternates e. Trial exhibit numbering NOTE: Any proposed additions, deletions, or amendments to either the Jury Plan or the Supplemental Juror Questionnaire must be filed by close of business on Friday, July 28, 2023. 2. Plaintiffs’ Motion for Leave to Submit Supplemental Expert Reports [DIN 3149] – (10 minutes total; 5 minutes per side) 3. Defendant JHACH’s Motion Concerning Plaintiffs’ Amended Trial Exhibit – if the motion has not resolved [DIN 3147] - (10 minutes total; 5 minutes per side). 4. Issues with respect to deposition objections (20 minutes total for all items; 10 minutes per side). DIN 2549 Plaintiffs’ Motion to Strike “Supplemental Page and Line Deposition Designations & Counter Designations” DIN 2588 Plaintiffs Motion for Order Striking Defendants’ Deposition Designations and Counter-Designations Pending objections with which the Court is aware: DINs 2523; 2535; 2536; 2537; 2538; 2539; 2540; 2541; 2542; 2543; 2544; 2545; 2546; 2547; 2548; 2549; 2550; 2551; 2552; 2553; 2554; 2555; 2556; 2557; 2564 NOTE: The Court’s anticipation is not that we will address each of these filings. Instead, the Court wants to have a discussion about what actually needs to occur. The Court notes that there are many designations for the entire deposition. The Court previously has requested the parties to only designate what they actually need to use. Playing an entire deposition, which generally contains matters not pertinent for the issues in the case, seems to the Court to be wasteful of trial time. Additionally, the Court must monitor for cumulative material, which designating an entire Page 3 of 6 Filed 7/21/2023 9:14 AM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FL deposition would result in cumulative information being submitted to the jury. 5. Plaintiffs' Motion for Leave to Seek Reconsideration of Prior Order Dismissing Johns Hopkins Health Systems Corporation [DIN 3200] (10 minutes total; 5 minutes per side) NOTE: There must be a valid jurisdictional base provided for the Court to even consider addressing this motion. Plaintiffs shall file no later than close of business on Friday, July 31, 2023, a memorandum discussing the specific jurisdictional basis. 6. Defendants’ Request for Judicial Notice [DIN 2406] (10 minutes total; 5 minutes per side) Response in opposition: DIN 2567 7. Motions in limine; and Motions to exclude/strike – (75 minutes total; will address as many as time allows). DIN 3179 Catherine Bedy's Second Motion in Limine ("hitman" / "hatchet man") DIN 3180 JHACH and Bedy's Joint Motion in Limine (facts relating to suicide) DIN 3181 JHACH and Bedy's Motion for the Assigned Judge to Watch the Netflix Movie based on this Lawsuit DIN 3184 JHACH and Bedy's Motion to Resolve the Procedure for Addressing Potential Jurors Who Have Been Influenced by Heightened Pretrial Publicity DIN 3191 JHACH Motion in Limine Regarding Prohibition of Ketamine DIN 3193 Plaintiffs' Motion in Limine Regarding Beata and Jack Kowalski DIN 3194 Plaintiffs Motion in Limine Regarding any Mental Illness of Beata Kowalski Prior to Defendants' Accusations of Child Abuse Against Her DIN 3195 Plaintiffs' Motion in Limine Regarding Immunity Pursuant to Chapter 39, Florida Statutes DIN 3196 Plaintiffs' Motion in Limine to Exclude Arguments that Beata Kowalski was Implicated in the Pharmacist's Use of the Phrase "Terminally Ill" Page 4 of 6 Filed 7/21/2023 9:14 AM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FL DIN 3197 Plaintiffs' Motion in Limine to Exclude Deposition Tesimony of Defendants' Doctors and Employees within the Jurisdiction of the Court DIN 3198 Plaintiffs' Motion in Limine Regarding Defendants' Allegations of Prior Reports to DCF DIN 3199 Plaintiffs' Motion in Limine Regarding Notes of Christa Thurber's Unauthorized Visit DIN 3201 Plaintiffs' Motion to Exclude JHACH's Previously Unidentified and Improperly Disclosed Witnesses DIN 3202 Plaintiffs' Motion in Limine to Exclude Audio Recordings Taken by Detective Stephanie Graham DIN 3204 Plaintiffs' Motion in Limine Regarding Non-Retained Experts DIN 3205 Defendant JHACH's Motion in Limine to Exclude or Limit Timothy Brewerton, M.D.'s Expert Testimony or Evidence REgarding Untimely Physical or Mental Examinations of M.K. DIN 3206 Defendant JHACH's Motion in Limine to Exclude Testimony Regarding Apparent Agency of Sally Smith, M.D. DIN 3208 Defendant JHACH's Motion to Strike Jacqueline Henschke, M.E., as a Trial Witness DIN 3209 Defendant's Motion to Strike and Supress Plaintiff's Untimely Disclosed Expert Witness, Lynn Webster, M.D. DIN 3211 Defendant JHACH's Motion in Limine to Exclude Audio Recordings in Violation of Florida Statute s. 934.06 DIN 3212 Defendant JHACH's Motion in Limine to Exclude Inadmissible Hearsay Evidence at Trial DIN 3213 Defendant JHACH's Supplemental Motion Concerning Plaintiffs' Trial Exhibit List and Documents Production in Connection Therewith DIN 3214 Defendant JHACH's Supplemental Motion in Limine DIN 2397 Defendants’ Omnibus Motion in Limine Response in opposition: DIN 2567 Page 5 of 6 Filed 7/21/2023 9:14 AM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FL 8. Case Management Conference (the Court would like to reserve at least 45 minutes for this discussion). a. Scheduling of Daubert challenges, if still pending. DIN 2413 Defendants’ Motion in Limine to Exclude Plaintiffs’ Expert Testimony, or in the Alternative, Motion to Strike or Limit Expert Witness Testimony DIN 2496 Plaintiffs’ Daubert Motion to Limit Testimony of Randell C. Alexander, Mark E. Anderson, Steven P. Cohen, Robert J. Fortuna, Elliot J. Krane, and Herbert Schreier and to Preclude Testimony of Sharon Levy, Dwayne Denny and Bruce Dekraker b. Jury instruction planning. c. Trial time limits d. Opening and closing time limits e. Trial calendar f. Stipulations for trial matters. g. Open discussion of issues to be raised by the parties. DONE AND ORDERED in Sarasota, Sarasota County, Florida, on July 21, 2023. HUNTER W CARROLL Circuit Judge SERVICE CERTIFICATE On July 21, 2023, the Court caused the foregoing document to be served via the Clerk of Court’s case management system, which served the following individuals via email (where indicated). On the same date, the Court also served a copy of the foregoing document via First Class U.S. Mail on the individuals who do not have an email address on file with the Clerk of Court. Page 6 of 6 Filed 7/21/2023 9:14 AM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FL C HOWARD III HUNTER HILL WARD & HENDERSON PA P.O. BOX 2231 TAMPA, FL 33602 CHRIS WILLIAM ALTENBERND 801 E TWIGGS ST # 600 TAMPA, FL 33602 GREGORY ANDREW ANDERSON ONE ENTERPRISE CTR 225 WATER ST STE 2100 JACKSONVILLE, FL 32202 PATRICIA D CRAUWELS 1626 RINGLING BLVD STE 300 SARASOTA, FL 34236 NICHOLAS P WHITNEY 10751 DEERWOOD PARK BLVD STE 105 JACKSONVILLE, FL 32256 DAVID W HUGHES HILL WARD HENDERSON P.O. BOX 2231 44601-2231, FL TAMPA