EXHIBIT A

Case 0:20-cv-61007-AHS Document 75-1 Entered on FLSD Docket 07/15/2021 Page 1 of 8
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-cv-61007-SINGHAL/VALLE

SOUTH BROWARD HOSPITAL DISTRICT,

D/B/A MEMORIAL HEALTHCARE SYSTEM,

on its own behalf and on behalf of other similarly

situated healthcare facilities,

Plaintiff,

v.

ELAP SERVICES, LLC, a Pennsylvania limited

liability company, and GROUP & PENSION

ADMINISTRATORS, INC., a Texas corporation,

Defendants.

/

PLAINTIFF’S SECOND SET OF INTERROGATORIES 

TO DEFENDANT ELAP SERVICES, LLC

Plaintiff South Broward Hospital District, d/b/a Memorial Healthcare System

(“Memorial”), hereby serves its Second Set of Interrogatories on Defendant ELAP Services, LLC

(“ELAP”) and requests that ELAP answer the following interrogatories under oath, in writing, and

serve them upon Memorial within thirty (30) days of service of the same to the undersigned

counsel.

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Dated: May 17, 2021

/s/Benjamin J. Widlanski

Gail McQuilkin, Esq.

gam@kttlaw.com

Fla. Bar No. 969338

Benjamin J. Widlanski, Esq.

bwidlanski@kttlaw.com

Florida Bar No. 1010644

Tal J. Lifshitz, Esq.

tjl@kttlaw.com

Fla. Bar No. 99519

Eric S. Kay, Esq.

ekay@kttlaw.com

Fla. Bar No. 1011803

Frank A. Florio, Esq.

fflorio@kttlaw.com

Fla. Bar No. 1010461

KOZYAK TROPIN &

THROCKMORTON LLP

2525 Ponce de Leon Blvd., 9th Floor

Coral Gables, FL 33134

(305) 372-1800

Respectfully submitted,

/s/ Douglas A. Wolfe

Douglas A. Wolfe, Esq.

doug@wolfepincavage.com

Fla. Bar No. 28671

Danya J. Pincavage, Esq.

danya@wolfepincavage.com

Fla. Bar No. 14616

Omar Ali-Shamaa, Esq.

omar@wolfepincavage.com

Fla. Bar No. 121461

WOLFE | PINCAVAGE

2937 SW 27th Ave., Suite 302

Miami, FL 33133

(786) 409-0800

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on May 17, 2021, the foregoing was served on:

FISHERBROYLES, LLP

Robert T. Wright, Jr., Esq.

Irene Oria, Esq.

199 E. Flagler St. #550

Miami, FL 33131

robert.wright@fisherbroyles.com

irene.oria@fisherbroyles.com

Patrick M. Emery, Esq. (pro hac vice)

Kris Alderman, Esq. (pro hac vice)

945 East Paces Ferry Rd NE, Suite 2000

Atlanta, GA 30326

patrick.emery@fisherbroyles.com

kris.alderman@fisherbroyles.com

AKERMAN LLP

Irene Bassel Frick, Esq.

Gera R. Peoples, Esq.

401 E. Jackson Street, Suite 1700

Tampa, FL 33602-5250

irene.basselfrick@akerman.com

gera.peoples@akerman.com

/s/Benjamin J. Widlanski

Benjamin J. Widlanski

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DEFINITIONS AND INSTRUCTIONS

1. The terms “you” or “your” mean the party or parties to which these requests are

addressed, including any divisions, departments, parents, subsidiaries, affiliates, predecessors,

partners, present or former officers, directors, owners, agents, accountants, attorneys, and all other

persons acting or purporting to act on your behalf.

2. The term “Claim” or “Claims” means any facility claim that you repriced,

processed or reprocessed, and/or administered using Reference-Based Pricing.

3. The term “refer or relate” as used in this request, means reflecting, evidencing,

regarding, pertaining to, consisting of, indicating, concerning or in any way logically or factually

connected with the matter discussed.

4. The term “all” includes the term “any” and the term “any” includes “all.” The terms

“all” and “any” shall be construed as any and all.

5. The terms “or” and “and” shall be construed conjunctively or disjunctively as

necessary to make the request for documents or information inclusive rather than exclusive, i.e.,

to bring within the scope of the request all responses that otherwise might be construed to be

outside the scope of the request.

6. The term “present,” when used in connection with a time-frame for production of

materials requested hereunder, refers to the date upon which production is made.

7. In answering each interrogatory, identify each document, communication, or act:

(a) relied upon in the preparation of each answer;

(b) which forms all or part of the basis for that answer;

(c) which corroborates the answers; or

(d) the substance of which forms all or part of the answer.

8. You may, in lieu of identifying any document or written communication, attach a

true copy of such document or communication as an exhibit to the answers to these interrogatories,

including an explicit reference to the interrogatory to which each such attached document or

written communication relates.

9. In answering the following Interrogatories, furnish all available information,

including information in the possession, custody, or control of ELAP or any of ELAP’s attorneys,

agents, representatives, and other persons under ELAP’s control, who have knowledge.

10. If the answer to all or any part of the interrogatory is not presently known or

available, include a statement to that effect, furnish the information known or available, and

respond to the entire interrogatory by supplemental answer, in writing, under oath, within ten days

from the time the entire answer becomes known or available, and in no event, less than five days

prior to trial.

11. If, in responding to any interrogatory, you choose to withhold any information on

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the ground of privilege or the like, please provide all information falling within the scope of the

Interrogatory which is not privileged, and for each item of information contained in a document to

which a claim of privilege is made, identify such document with sufficient particularity for

purposes of a motion to compel, such identification to include at least the following:

(a) the nature of the privilege (including work product) that is being asserted;

(b) if the privilege is being asserted in connection with a claim or defense governed by

state law, the state privilege rule being invoked;

(c) the type of information (correspondence, memorandum, facsimile, etc.);

(d) the names and positions of the author of the information and all other persons

participating in the preparation of the information;

(e) the name and position of each individual or other person to whom the information,

or a copy thereof, was sent or otherwise disclosed;

(f) the date of the information;

(g) the general subject matter of the document;

(h) whether any business or non-legal matter is contained or discussed in such

information.

(i) a description of any accompanying material transmitted with or attached to such

information;

(j) the number of pages in such document or information; and

(k) if any document cannot be produced in full, produce to the extent possible, and

specify the reasons for inability to produce the remainder.

12. Unless otherwise specified, the time from for these interrogatories is from January

1, 2016 to the present.

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INTERROGATORIES

Interrogatory No. 1: Please identify the amounts of any fees and/or revenues received by You, 

including the source of such fees and/or revenues, in connection with each Claim. Identify the fees 

and/or revenues on a per-Claim basis beginning January 1, 2016.

Response:

Interrogatory No. 2: Please identify any reports available to determine the fees and/or revenues 

received by You, including the source of such fees and/or revenues, in connection with each Claim. 

Please also identify the systems or databases available to You to retrieve such reports.

Response:

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VERIFICATION

ELAP SERVICES, LLC

Name:

Title:

STATE OF

COUNTY OF

)

) SS:

)

Before me, the undersigned authority personally appeared

, who after being duly sworn, deposes and states that the

answersto the Interrogatories hereto are true and correct to the best of his/her belief and knowledge

and who is personally known to me, or produced identification of

.

AFFIANT

SWORN TO AND SUBCRIBED before me this day of , 2021, in

County.

Notary Public, State of

My Commission Expires:

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