Filing # 37877421 E-Filed 02/16/2016 04:01:39 PM

IN THE CIRCUIT COURT OF THE

NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA

CASE NO.: 2015-CA-005644-O

INGA KHACHATUROVA, M.D.,
Plaintiff/Counter-Defendant,
vs.

SHAUN PATRICK ROURKE,

Defendant/Counter-Plaintiff
________________________________________/

JOINT MOTION FOR FINAL ORDER OF DISMISSAL

Plaintiff, INGA KHACHATUROVA, M.D., (hereafter “Plaintiff”), and

Defendant, SHAUN PATRICK ROURKE (hereafter “Defendant”), hereby move

for entry of a final order dismissing this action, and state as follows:

1. The Parties have reached a settlement of this matter. The terms of the

settlement agreement are confidential. A true and correct copy of the settlement

agreement may be provided to the Court for in camera review in the event the

Court requires consideration of same for this Joint Motion, but the agreement may

not be filed with the Court.

2. The Parties respectfully request that the Court enter the Final Order that is

attached to this Stipulation as Exhibit “A.”

Respectfully submitted this 16th day of February, 2016.

/s/John W. Zielinski
John W. Zielinski, Esquire
Florida Bar Number 527661
Mark E. NeJame, Esquire
Florida Bar Number 310931
NeJame Law, PA
189 S Orange Ave, Ste 1800
Orlando, Florida 32801
john@nejamelaw.com
mark@nejamelaw.com
Secondary: Civilservice@nejamelaw.com
Telephone: 407.500.0000
Facsimile: 407.802.1431

/s/Cynthia Conlin
Cynthia Conlin, Esquire
Florida Bar No. 47012
Cynthia Conlin, P.A.
1643 Hillcrest Street
Orlando, Florida 32803-4809
Tel. 405-965-5519/Fax 405-545-4395
Cynthia@cynthiaconlin.com
Secondary: Jeff@cynthiaconlin.com
 EXHIBIT A
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR ORANGE
COUNTY, FLORIDA

CASE NO.: 2015-CA-005644-O

INGA KHACHATUROVA, M.D.,
Plaintiff/Counter-Defendant,
vs.
SHAUN PATRICK ROURKE,
Defendant/Counter-Plaintiff
________________________________________/

FINAL ORDER

THIS CAUSE came before the Court on the Joint Stipulation for Entry of Final Order filed
by Plaintiff, INGA KHACHATUROVA, M.D. (“Plaintiff”) and Defendant, SHAUN PATRICK
ROURKE (“Defendant”), and the Court, after having reviewed the Joint Stipulation and being
otherwise duly advised in the premises, it is:
ORDERED and ADJUDGED:
1. The Parties’ Joint Stipulation for Entry of Final Order is hereby GRANTED.
2. This action is dismissed with prejudice. Each party shall bear their own attorneys’
fees and costs.
3. The Court hereby retains jurisdiction to conduct such further proceedings as may
be necessary, including to enforce the terms and provisions of the Settlement Agreement.
DONE and ORDERED, in Chambers, Orange County, Florida, this ___ day of February,
2016.

___________________________
Honorable Margaret Schreiber
CIRCUIT COURT JUDGE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
hand delivery on this ___ day of February, 2016, to John W. Zielinski, Esq., Mark E. NeJame,
Esq., NeJame Law, P.A., 189 S. Orange Avenue, Suite 1800, Orlando, FL 32801,
john@nejamelaw.com; mark@nejamelaw.com; Civilservice@nejamelaw.com; and Cynthia
Conlin, Esq., Cynthia Conlin, P.A., 1643 Hillcrest Street, Orlando, Florida 32803-4809,
Cynthia@cynthiaconlin.com, and Jeff@cynthiaconlin.com.

JUDICIAL ASSISTANT/ATTORNEY
Filing # 34714791 E-Filed 11/20/2015 01:30:10 PM

IN THE CIRCUIT COURT OF THE

NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA

CASE NO.: 2015-CA-005644-O

INGA KHACHATUROVA, M.D.,
Plaintiff/Counter-Defendant,
vs.

SHAUN PATRICK ROURKE,

Defendant/Counter-Plaintiff
____________________________________/

PLAINTIFF’S RESPONSE TO DEFENDANT’S

REQUEST FOR PRODUCTION OF DOCUMENTS

Plaintiff, INGA KHACHATUROVA, M.D., by and through her undersigned

counsel, hereby provides her response to the Request for Production of Documents
served by Defendant on or about October 19, 2015, as follows:
General Objections
1. In supplement to her responses below, Plaintiff objects to Defendant’s
Request for Production of Documents to the extent that any of the items or
documents requested are overbroad and vague in scope, irrelevant to the subject
action, not reasonably calculated to lead to the discovery of admissible evidence, or
protected from discovery by the attorney-client and attorney work-product privileges
or any other privilege applicable to this action. Any inadvertent production of
documents subject to any of these general objections and privileges does not
constitute a waiver of such objections or privileges by Plaintiff with respect to such
documents or any information which may be obtained therefrom.
2. In further supplement to her responses below, by stating below in this
response that Plaintiff will produce documents responsive to Defendant’s requests,
Plaintiff represents only that he will compile and produce, on a mutually agreeable
date, place and time to be coordinated between counsel, documents that are currently
in her possession, that exist, and that are responsive to Defendant’s requests as they
are kept in the normal and ordinary course of business.
3. In further supplement to her responses below, Plaintiff objects to the time
period for the documents requested in this matter. As Plaintiff only met the
Defendant in October, 2014, Plaintiff’s responses will contain documents related to
the time period requested, but with a beginning date of October, 2014.
4. In further supplement to her responses below, along with any documents
outlined above, Plaintiff will produce a Privilege Log for any documents deemed
privileged under the attorney-client and attorney work-product privileges or any
other privilege applicable to this action.
Response to RFP
Request No. 1. Any and all text messages between Defendant and yourself within
the relevant time period.
Response: Documents responsive to this request were provided to the Defendant’s
counsel by email dated November 2, 2015. Additional documents are available for
inspection and copying at a mutually agreeable date and time and same will be
provided by email to Defendant’s counsel with the service of this response.

Request No. 2. Any and all emails between Defendant and yourself within the
relevant time period.
Documents are available for inspection and copying at a mutually agreeable date
and time and same will be provided by email to Defendant’s counsel with the
service of this response.

Request No. 3. Any and all copies of photographs of a painting in your apartment
that was based on any of the photographs on the “dirty.com.”
Objection to the relevancy of the photo, but without waiving said objection, a
photo is available for inspection and copying at a mutually agreeable date and time
and same will be provided by email to Defendant’s counsel with the service of this
response.

Request No. 4. Any and all photos of photographs of a painting in your apartment
where the subject of the painting is you.
It is unclear as what is sought herein, but the only photo of a photo of a painting is
provided as a Response to Request #3.

Request No. 5. For each Facebook account maintained by you within the Relevant
Time Period, please produce a copy of your downloaded Facebook data. This will
be an electronic file. Instructions of how to obtain this file are as follows:
1. Click Settings Symbol at the top right of any Facebook page and select
Account Settings
2. Click General in the left-hand column
3. Click on ''Download a copy of your Facebook data"
4. Click Start My Archive
This Archive should be produced in its original format saved onto a CD-ROM or
USB stick.
Objection to the relevancy of the request, but without waiving said objection
Plaintiff shall supplement this Response with her Archive at a mutually agreeable
date and time.

Request No. 6. Any and all documents used as evidence or collected through
discovery in 48-2015-DR-005508, including, without limitation, any deposition
transcript(s), witness statement(s), affidavit(s), and exhibit(s) used in testimony.
Deposition transcripts responsive to this request were provided to the Defendant’s
counsel by email dated November 19, 2015. Additional documents are available
for inspection and copying at a mutually agreeable date and time and same will be
provided by email to Defendant’s counsel.

Request No. 7. Copies of all “statements” referenced in paragraph 5 your

complaint, and “communications” in paragraph 6.
See HIPAA Complaint available for inspection and copying at a mutually
agreeable date and time and same will be provided by email to Defendant’s
counsel. Investigation continues.

Request No. 8. Copies of all “communications” referenced in paragraph 6 your

complaint.
See Response to Request No. 7.

Request No. 9. Copies of all “screen captures” referenced in paragraph 11 of your

complaint.
See screen captures which are available for inspection and copying at a mutually
agreeable date and time and same will be provided by email to Defendant’s
counsel.

Request No. 10. Copies of all communications referenced in paragraph 17 of your

complaint.
The Plaintiff’s proposed amended complaint will not be asserting the information
found at paragraph 17 of the filed complaint. As such, the information will not be
relevant to the issues before the Court.
Request No. 11. Copies of all documents that you may use to support or evidence
your claims in this action.
Documents are available for inspection and copying at a mutually agreeable date
and time and same will be provided by email to Defendant’s counsel.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed
with the Court using the Court Clerk’s ePortal system which will send a copy via
Electronic Mail to: c/o Cynthia Conlin, Esq., Cynthia Conlin, P.A., 1643 Hillcrest
Street, Orlando, Florida 32803-4809, Cynthia@cynthiaconlin.com, and
Jeff@cynthiaconlin.com, on this 20th day of November, 2015.

/s/John W. Zielinski
John W. Zielinski, Esquire
Bar Number: 527661
Mark E. NeJame, Esquire
Florida Bar Number 310931
NeJame Law, P.A.
189 South Orange Ave, Ste 1800
Orlando, Florida 32801
Primary: john@nejamelaw.com
mark@nejamelaw.com
Secondary:
Civilservice@nejamelaw.com
Office Number: (407) 500-0000
Facsimile Number: (407) 802-1431
Attorneys for Plaintiff
Filing # 34714791 E-Filed 11/20/2015 01:30:10 PM

IN THE CIRCUIT COURT OF THE NINTH

JUDICIAL CIRCUIT IN AND FOR ORANGE
COUNTY, FLORIDA

CASE NO.: 2015-CA-005644-O

INGA KHACHATUROVA, M.D.,
Plaintiff/Counter-Defendant,
vs.

SHAUN PATRICK ROURKE,

Defendant/Counter-Plaintiff
________________________________________/

PLAINTIFF’S NOTICE OF SERVICE TO DEFENDANT’S

FIRST SET OF INTERROGATORIES

Plaintiff, INGA KHACHATUROVA, M.D. by and through her undersigned counsel,

hereby gives notice of serving her answers to Defendant’s First Interrogatories to Plaintiff
propounded on October 19, 2015 numbered one (1) through eleven (11).

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the
Court using the Court Clerk’s ePortal system which will send a copy via Electronic Mail to: c/o
Cynthia Conlin, Esq., Cynthia Conlin, P.A., 1643 Hillcrest Street, Orlando, Florida 32803-4809,
Cynthia@cynthiaconlin.com, and Jeff@cynthiaconlin.com, on this 20th day of November, 2015.

/s/John W. Zielinski
John W. Zielinski, Esquire
Bar Number: 527661
Mark E. NeJame, Esquire
Florida Bar Number 310931
NeJame Law, P.A.
189 South Orange Ave, Ste 1800
Orlando, Florida 32801
Primary: john@nejamelaw.com
mark@nejamelaw.com
Secondary:
Civilservice@nejamelaw.com
Office Number: (407) 500-0000
Facsimile Number: (407) 802-1431
Attorneys for Plaintiff