LATOYA RATLIEFF,

Plaintiff,

vs.

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

CASE NO.: 22-cv-61029-RAR

CITY OF FORT LAUDERDALE, FLORIDA, a

Municipal Government; ELIEZER RAMOS,

individually; STEVE SMITH, individually; HERNS

EUGENE, individually; PAUL CRISTAFARO,

individually; STEVE GREENLAW, individually;

AVERY FIGUERAS, individually; JOHN DOE 1,

individually; JOHN DOE 2, individually; and JOHN

DOE 3, individually,

Defendants.

/

DEFENDANTS'UNOPPOSED JOINT MOTION FORRULE35EXAMINATION

Defendants, by and through their undersigned counsel, pursuant to Rule 35(a),

Fed.R.Civ.P., jointly move for the entry of an Order for a Rule 35 Examination of Plaintiff, and

state:

1. This is a 42 U.S.C. §1983 action alleging Fourth Amendment violations by the City

of Fort Lauderdale and several law enforcement officers, including Officer Eliezer Ramos who is

alleged to have caused Plaintiff a serious permanent eye injury with a kinetic impact projectile.

See, Amended Complaint, generally. (DE 49). Plaintiff, through this claim, has placed her

medical condition at issue.

2. Under Rule 35(a), Fed.R.Civ.P., the Court may order a party "whose mental or

physical condition... is in controversy to submit to a physical or mental examination by a suitably

Case 0:22-cv-61029-RAR Document 76 Entered on FLSD Docket 02/24/2023 Page 1 of 11
licensed or certified examiner" upon a showing of good cause.

3. Defendants propose to have Matthew Kay, M.D. conduct a compulsory neuroophthalmology examination of Plaintiff, LaToya Ratlieff as follows:

Date: April 6, 2023

Time: 2:20 p.m.

Location: 6333 N. Federal Highway, #401

Fort Lauderdale, FL

4. As the Florida Department of Health public access terminal reflects, Dr. Matthew

Kay is a medical doctor in good standing in the State of Florida, licensed since October 12, 1992.

He completed his residency in Ophthalmology in 1991 and is a member of the American Board of

Ophthalmology. Exhibit "A."

5. The scope of the medical examination will consist of a medical history,

measurement of visual acuity, visual field, pupillary reactions, eye pressure, and non-invasive

testing to evaluate the health of the eyes and its associated structures, which may include dilation

and use of a retinoscopy, ophthalmoscope, tonometer and/or retinal camera. This exam will be

video-taped unobtrusively by a videographer retained by Plaintiff's counsel, and a representative

from Plaintiffs counsel will attend the examination for observation. Dr. Kay will conduct a

standard examination that will not include invasive tests or procedures, and which will not include

questions pertaining to liability issues. This is not a deposition and questions pertaining to liability

are not to be asked. Plaintiffs counsel will retain a court reporter to be present during this

examination. If attempts are made to take either a history of the incident or there are questions as

to liability, the examination will be terminated. In addition, the DME report shall be furnished to

Plaintiffs counsel as soon as possible and on an expedited basis, i.e., within thirty (30) days of the

DME.

Case 0:22-cv-61029-RAR Document 76 Entered on FLSD Docket 02/24/2023 Page 2 of 11
6. Plaintiff's counsel does not oppose the relief requested in this motion subject to

limitations outlined in the email correspondence attached hereto as Exhibit "B". Defendants do

not take issue with the parameters in Plaintiff's correspondence.

WHEREFORE, Defendants move for the entry of an Order for a Rule 35 exam.

JOHNSON, ANSELMO, MURDOCH, BURKE,

PIPER & HOCHMAN, P.A.

Counsel for Ramos

2455 East Sunrise Boulevard, Ste. 1000

Fort Lauderdale, FL 33304

/s/Scott D. Alexander

SCOTT D. ALEXANDER

Florida Bar No. 057207

MICHAEL T. BURKE

Florida Bar No. 338771

BILLING, COCHRAN, HEATH,

LYLES & MAURO

Counsel for Defendants

Suntrust Center, 6th Floor

515 E. Las Olas Boulevard

Fort Lauderdale, FL 33301

/s/Jefrey R. Lawley

JEFFREY R. LAWLEY

Florida Bar No. 0596027

Case 0:22-cv-61029-RAR Document 76 Entered on FLSD Docket 02/24/2023 Page 3 of 11
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 24nd day of February, 2023, I electronically filed the

foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing

document is being served this day on all counsel of records or pro se parties identified on the

attached Service List in the manner specified, either via transmission of Notice of Electronic Filing

generated by CM/ECF or in some other authorized manner for those counsel or parties who are

not authorized to receive electronically or in some other authorized manner for those counsel or

parties who are not authorized to receive electronically Notices of Electronic Filing.

JOHNSON, ANSELMO, MURDOCH, BURKE,

PIPER & HOCHMAN, P.A.

Counsel for Defendant

2455 East Sunrise Boulevard, Ste. 1000

Fort Lauderdale, FL 33304

Telephone: 954-463-0100

/s/Scott D. Alexander

MICHAEL T. BURKE

Florida Bar No. 33877

SCOTT D. ALEXANDER

Florida Bar No. 057207

4

Case 0:22-cv-61029-RAR Document 76 Entered on FLSD Docket 02/24/2023 Page 4 of 11
Stuart N. Ratzan, Esq.

Stuart J. Weissman, Esq.

Kimberly L. Boldt, Esq.

Ratzan Weissman & Boldt

2850 Tigertail Avenue, Suite 400

Coconut Grove, FL 33133

Tele: 305.374.6366

Stuart@rwblawyers.com

StuartW@rwblawyers.com

Kimberly@rwblavvyers.com

kathy@rwblavvyers.com

Jessica@RWBlawyers.com

eservice.legal@rwblawyers.com

Benedict P. Kuehne

Michael T. Davis

Johan D. Dos Santos

Kuehne Davis Law, P.A.

100 SE 2 Street, Suite 3105

Miami, FL 33131

Tel: 305.789.5989

ben.kuehne@kuehnelaw.com

mdavis@kuehnelaw.com

ohand@kuehnelaw.com

efiling@kuehnelaw.com

iaedo@kuehnelaw.com

Jeffery R. Lawley, Esq.

Fla. Bar No. 0596027

Billing, Cochran, Lyles et al

Las Olas Square

515 E. Las Olas Blvd., 6th Floor

Fort Lauderdale, Florida 33301

Phone: 954-764-7150

jr1@belmr.com

maryannt@bclmr.com

Michael T. Burke, Esq.

Scott D. Alexander, Esq.

Johnson, Anselmo, Murdoch, Burke,

Piper & Hochman, P.A.

2455 East Sunrise Boulevard, Ste. 1000

Ft. Lauderdale, FL 33304

SERVICELIST

5

Case 0:22-cv-61029-RAR Document 76 Entered on FLSD Docket 02/24/2023 Page 5 of 11
Tel: 954-463-0100

Burke@jambg.com

Cardona@jambg.com

Alexander@jambg.com

Cintron@jambg.com

6

Case 0:22-cv-61029-RAR Document 76 Entered on FLSD Docket 02/24/2023 Page 6 of 11
2/20/23, 3:23 PM FL DOH MQA Search Portal I Practitioner Profile

Department of Health

MATTHEW DEAN KAY

Practitioner Profile

License Number: ME63126

Profession

Medical Doctor

License Status

CLEAR/ACTIVE

Year Began Practicing

Not Provided

License Expiration Date

01/31/2024

s Printer Friendly Version

General Education Academic Specialty Financial Proceedings

I nformation & Training Appointments Certification Responsibility & Actions

Optional License

I nformation Information

Specialty Certification

This practitioner holds the following certifications from specialty boards recognized by the Florida board which

regulates the profession for which he/she is licensed:

Specialty Board

AMERICAN BOARD OF OPHTHALMOLOGY OPH - OPHTHALMOLOGY

Certification

B c.k

e*,

Privacy Statement I Disclaimer I Email Advisory I Accessibility

0 1 2023 FL HealthSource, All Rights Reserved Florida Department of Health I Division of Medical Quality Assurance Search

Services

https://mqa-internetdoh.state.fl.us/MQASearchServices/HealthCareProviders/Details?LicInd=54044&ProCde=1501 1/1

Case 0:22-cv-61029-RAR Document 76 Entered on FLSD Docket 02/24/2023 Page 7 of 11
2/20/23, 3:23 PM FL DOH MQA Search Portal I License Verification For Practitioner Details

Department of Health

License Verification

MATTHEW DEAN KAY

License Number: ME63126

Data As Of 2/20/2023

License

I nformation

Secondary Discipline/Admin Practitioner

Locations Action Profile

Profession

License

0License Status

License Expiration Date

License Original Issue

Date

Address of Record

Medical Doctor

ME63126

CLEAR/ACTIVE

1/31/2024

10/12/1992

6333 N FEDERAL HIGHWAY

#401

FT LAUDERDALE, FL 33309

0Controlled Substance No

Prescriber (for the

Treatment of Chronic Nonmalignant Pain)

Discipline on File No

0Public Complaint No

414' Printer Friendly Version

Back

For instructions on how to request a license

certification of your Florida license to be sent to

another state from the Florida Department of Health,

please visit the License Certifications web page.

Privacy Statement I Disclaimer I Email Advisory I Accessibility

02023 FL HealthSource, All Rights Reserved Florida Department of Health I Division of Medical Quality Assurance Search

Services

https://mqa-internet.doh.state.fl.us/MQASearchServices/HealthCareProviders/LicenseVerification?LicInd.54044&ProCde=1501 1/1

Case 0:22-cv-61029-RAR Document 76 Entered on FLSD Docket 02/24/2023 Page 8 of 11
2/20/23, 3:23 PM FL DOH MQA Search Portal Practitioner Profile

Department of Health

MATTHEW DEAN KAY

Practitioner Profile

License Number: ME63126

Profession

Medical Doctor

License Status

CLEAR/ACTIVE

Year Began Practicing

Not Provided

License Expiration Date

01/31/2024

A. I Printer Friendly Version

General Education Academic Specialty Financial Proceedings

I nformation & Training Appointments Certification Responsibility & Actions

Optional License

I nformation Information

Education and Training

I nstitution Name Degree Title Dates of Attendance Graduation Date

TEMPLE UNIVERSITY MD 7/1/1983 -5/1/1987 05/01/1987

Other Health Related Degrees

This practitioner does not hold any additional health related degrees.

Professional and Postgraduate Training

This practitioner has completed the following graduate medical education:

Other Dates Dates

Program Program Specialty State or Attended Attended

Name Type Specialty Area Area City Country From To

RUSH RESIDENCY OPH - CHICAGO ILLINOIS 07/01/1987 06/30/1991

PRSBYTERIAN OPHTHALMOLOGY

Back

https://mqa-internet.doh.state.fLus/MQASearchServices/HealthCareProviders/Details?LicInd=540448,ProCde=1501 1/2

Case 0:22-cv-61029-RAR Document 76 Entered on FLSD Docket 02/24/2023 Page 9 of 11
2/24/23, 10:13 AM Johnson, Anselmo, Murdoch, Burke Mail - RE: Ratlieff v. Ft. Laud, et al - conferral on Rule 35 motion

Scott Alexander <alexander@jambg.com>

RE: Ratlieff v. Ft. Laud, et al - conferral on Rule 35 motion

1 message

Michael T. Davis <mdavis@kuehnelaw.com> Wed, Feb 22, 2023 at 2:16 PM

To: Scott Alexander <alexander@jambg.com>, Johan Dos Santos <JohanD@kuehnelaw.com>, "stuart@rwblawyers.com"

<stuart@rwblawyers.com>, "Jeffery R. Lawley" <jr1@bc1mr.com>, "Burke,Michael" <burke@jambg.com>,

"stuartw@rwblawyers.com" <stuartw@rwblawyers.com>

Dear Scott:

I n regards to your Request for a Defense Medical Examination of Latoya Ratlieff by Matthew Kay, M.D, on April 6, 2023,

at 2:20 p.m., please note that we agree with this exam under the following terms: This exam will be videotaped

unobtrusively by a videographer retained by our firm, and a representative from my office will attend the examination for

observation. Dr. Kay will conduct a standard examination that will not include invasive tests or procedures, and which will

not include questions pertaining to liability issues. This is not a deposition and questions pertaining to liability are not to be

asked. As such, our office will also retain a court reporter to be present during this exam. If attempts are made to take

either a history of the incident or there are questions as to liability, the examination will be terminated. In addition, the

DME report shall be furnished to my office as soon as possible and on an expedited basis, i.e., within thirty (30) days of

the DME.

Should you have any questions or concerns, or if you disagree to our terms, let me know.

Regards,

Michael

*** NOTE NEW SUITE NO. ***

Michael T. Davis

Kuehne Davis Law, PA

100 SE 2 Street, Suite 3105

Miami, FL 33131-2154

Tel: 305.789.5989

Direct: 786.504.4739

Cell: 786.300.7954

Fax: 305.789.5987

mdavis@kuehnelaw.com

www.kuehnedavislaw.com

I'm also on Linked In

https://mail.google.com/mail/u/0/?ik=305548a48e&view=pt&search=all&permthid=thread-a%3Ar-3388045722613530272°/07Cmsg-f%3A17585598543... 1/2

Case 0:22-cv-61029-RAR Document 76 Entered on FLSD Docket 02/24/2023 Page 10 of 11
2/24/23, 10:13 AM Johnson, Anselmo, Murdoch, Burke Mail - RE: Ratlieff v. Ft. Laud, et al - conferral on Rule 35 motion

The information contained in this transmission may be attorney/client privileged and confidential. It is intended

only for the use of the individual or entity named above. If the reader of this message is not the intended

recipient, you are hereby notified that any dissemination, distribution or copying of this communication is

strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail or by

telephone collect at 305.789.5989 and delete the original message. Thank you.

From: Scott Alexander <alexander@jambg.com>

Sent: Tuesday, February 21, 2023 12:06 PM

To: Michael T. Davis <mdavis@kuehnelaw.com>; Johan Dos Santos <JohanD@kuehnelaw.com>;

stuart@rwblawyers.com; Jeffery R. Lawley <jrl@bclmr.com>; Burke,Michael <burke@jambg.com>

Subject: Ratlieff v. Ft. Laud, et al - conferral on Rule 35 motion

Gentlemen,

Attached is a draft Joint Motion for Rule 35 exam with a neuro-opthalmologist of Latoya Ratlieff. The motion as presently

drafted states that it is unopposed, but of course I can revise if Plaintiff is objecting to being examined. Please let me

know your position. Thanks. -Scott

Scott D. Alexander

Johnson, Anselmo, Murdoch,

Burke, Piper & Hochman, P.A.

2455 E. Sunrise Boulevard, Suite 1000

Fort Lauderdale, FL 33304

Tel: 954-463-0100

Fax: 954-463-2444

Alexander@JAMBG.COM

https://mail.google.com/mail/u/0/?ik=305548a48e&view=pt&search=all&permthid=thread-a%3Ar-3388045722613530272°/07Cmsg-f%3A17585598543... 2/2

Case 0:22-cv-61029-RAR Document 76 Entered on FLSD Docket 02/24/2023 Page 11 of 11