welcome to elawyers.us
Elawyers Elawyers
Ohio| Change
  1. Home
  2. Case Laws
  3. Division of Administrative Hearings, Florida
  4. 2014
  5. DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs ALBERT ESMAILZADEH, M.D., 14-001342PL (2014)

DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs ALBERT ESMAILZADEH, M.D., 14-001342PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-001342PL Visitors: 34
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ALBERT ESMAILZADEH, M.D.
Judges: R. BRUCE MCKIBBEN
Agency: Department of Health
Locations: Viera, Florida
Filed: Mar. 21, 2014
Status: Closed
Recommended Order on Wednesday, November 19, 2014.
Latest Update: Jun. 24, 2016
Summary: The issues in this case, as set forth in the Prehearing Stipulation, are as follows: Whether Respondent was terminated from the State Medicaid Program; [Case No. 14-2488, Count I] Whether Respondent failed to update his practitioner profile within fifteen days of the filing of the order terminating him from the State Medicaid Program; [Case No. 14-2488, Count II] Whether Respondent exercised influence within the patient-physician relationship with T.J.[1/] for the purposes of engaging in sexual
More
14001342 Mandate

M A N D A T E

from

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

THIS CAUSE HAVING BEEN BROUGHT TO THIS COURT BY APPEAL OR BY PETITION, AND AFTER DUE CONSIDERATION THE COURT HAVING ISSUED ITS OPINION OR DECISION;


YOU ARE HEREBY COMMANDED THAT FURTHER PROCEEDINGS AS MAY BE REQUIRED BE HAD IN SAID CAUSE IN ACCORDANCE WITH THE RULING OF THIS COURT AND WITH THE RULES OF PROCEDURE AND LAWS OF THE STATE OF FLORIDA.


WITNESS THE HONORABLE C. Alan Lawson, CHIEF JUDGE OF THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FIFTH DISTRICT, AND THE SEAL OF THE SAID COURT AT DAYTONA BEACH, FLORIDA ON THIS DAY.


DATE: May 27, 2016


FIFTH DCA CASE NO.: 5D 15-0860


CASE STYLE: ALBERT ESMAILZADEH, M.D. v. DEPARTMENT OF HEALTH COUNTY OF ORIGIN: Brevard

TRIAL COURT CASE NO.: DOAH14-1342PL, DOAH14-1343PL, DOAH14-2488PL, DOH2011-19645, DOH2013-01147, DOH2013-05174, DOH2013-05884

I hereby certify that the foregoing is

(a true copy of) the original Court mandate.


cc:


John E. Terrel

Clerk Department Of Health

Sarah Young Hodges Clerk Division Of Administrative


Docket for Case No: 14-001342PL
Issue Date Proceedings
Jun. 24, 2016 Petition for Review is Dismissed filed.
Jun. 11, 2016 Defendant/Petitioner invokes the discretionary jurisdiction of the supreme court to review the decision of the Fifth DCA for complete revocation of medical license filed.
May 27, 2016 Mandate filed.
May 18, 2016 Opinion filed.
Jan. 08, 2016 Motion for Substititution of Counsel filed.
Dec. 03, 2015 Appellant's Reply Brief on Appeal from a Final Order of the Department of Health filed.
Nov. 02, 2015 Agreed Notice of Extension of Time to File Reply Brief filed.
Oct. 14, 2015 Answer Brief of Appellee filed.
Sep. 29, 2015 BY ORDER OF THE COURT: Appellee's Motion for Extension of Time to File an Answer Brief is granted.
Sep. 28, 2015 Appellee's Reply to Appellant's Response to Motion for Extension of Time filed.
Sep. 23, 2015 Appellant's Response to Appellee's Motion for Extension of Time to File Answer Brief filed.
Sep. 17, 2015 Appellee's Motion for Extension of Time to File Answer Brief filed.
Sep. 17, 2015 Notice of Substitution of Counsel filed.
Sep. 16, 2015 Motion to Withdraw as Counsel of Record filed.
Sep. 02, 2015 Notice of Agreement for Extension of Time to File Answer Brief filed.
Aug. 12, 2015 Appellant's Initial Brief an Appeal from a Final Order of the Department of Health filed.
Aug. 03, 2015 Agreed Notice of Third Extension of Time to File Initial Brief filed.
Jun. 23, 2015 Agreed Notice of Second Extension of Time to File Initial Brief filed.
Jun. 23, 2015 Record on Appeal filed.
May 19, 2015 Agreed Notice of Extension of Time to File Initial Brief filed.
Mar. 19, 2015 Response to Emergency Motion for Stay filed.
Mar. 13, 2015 Receipt for Filing Fee filed.
Mar. 13, 2015 Emergency Motion for Stay filed.
Mar. 12, 2015 Notice of Appearance (Therese A. Savona) filed.
Mar. 12, 2015 Notice of Appeal filed.
Mar. 12, 2015 Acknowledgment of New Case, Fifth DCA Case No. 5D15-860 filed.
Feb. 18, 2015 Agency Final Order filed.
Dec. 12, 2014 Petitioner's Responses to Respondent's Objections to the Recommended Order filed.
Dec. 03, 2014 (Respondent's) Objections to the Recommended Order (filed in Case No. 14-002488PL).
Dec. 03, 2014 (Respondent's) Objections to the Recommended Order (filed in Case No. 14-001343PL).
Dec. 03, 2014 (Respondent's) Objections to the Recommended Order filed.
Nov. 19, 2014 Recommended Order (hearing held September 23 through 26, 2014). CASE CLOSED.
Nov. 19, 2014 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 30, 2014 (Respondent's) Closing Argument (filed in Case No. 14-002488PL).
Oct. 30, 2014 (Respondent's) Closing Argument (filed in Case No. 14-001343PL).
Oct. 30, 2014 (Respondent's) Closing Argument filed.
Oct. 30, 2014 Respondent's Proposed Recommended Order (filed in Case No. 14-002488PL).
Oct. 30, 2014 Respondent's Proposed Recommended Order (filed in Case No. 14-001343PL).
Oct. 30, 2014 Respondent's Proposed Recommended Order filed.
Oct. 30, 2014 Petitioner's Proposed Recommended Order filed.
Oct. 20, 2014 Transcript of Proceedings Volume I-VI (not available for viewing) filed.
Sep. 23, 2014 CASE STATUS: Hearing Held.
Sep. 09, 2014 Notice of Transfer.
Sep. 08, 2014 Petitioner's Motion in Limine to Exclude Testimony filed.
Sep. 04, 2014 Amended Notice of Hearing (hearing set for September 23 through 26, 2014; 9:30 a.m.; Viera, FL; amended as to location of hearing).
Sep. 03, 2014 Notice of Withdrawal as Co-counsel (for Petitioner) filed.
Aug. 20, 2014 (Petitioner's) Notice of Intent to Offer Records Pursuant to Section 90.803(6)(c), Florida Statutes filed.
Aug. 11, 2014 Notice of Taking Continued Telephonic Deposition in Lieu of Live Testimony (of Jonathan Waldbaum, M.D.) filed.
Aug. 06, 2014 Notice of Taking Deposition (of Kristi Zimmer) filed.
Aug. 06, 2014 Notice of Taking Deposition (of Angela Strunk) filed.
Jul. 02, 2014 Order Granting Continuance and Re-scheduling Hearing (hearing set for September 23 through 26, 2014; 9:30 a.m.; Viera, FL).
Jul. 02, 2014 CASE STATUS: Pre-Hearing Conference Held.
Jul. 01, 2014 Notice of Appearance of Co-Counsel (Daniel Hernandez) filed.
Jun. 30, 2014 Notice of Telephonic Pre-hearing Conference (set for July 2, 2014; 10:30 a.m.).
Jun. 26, 2014 (Respondent's) Motion to Continue filed.
Jun. 26, 2014 (Respondent's) Motion to Reschedule (filed in Case No. 14-001343PL).
Jun. 26, 2014 (Respondent's) Motion to Reschedule filed.
Jun. 25, 2014 Order Granting Motion for Official Recognition.
Jun. 24, 2014 Amended Notice of Hearing (hearing set for July 29 through August 1, 2014; 9:30 a.m.; Viera, FL; amended as to hearing location).
Jun. 23, 2014 Notice of Hearing (hearing set for July 29 through August 1, 2014; 9:30 a.m.; Viera, FL).
Jun. 20, 2014 Joint Status Report filed.
Jun. 12, 2014 Order Granting Continuance (parties to advise status by June 23, 2014).
Jun. 10, 2014 (Respondent's) Objection to Motion for Continuance (filed in Case No. 14-001343PL).
Jun. 10, 2014 (Respondent's) Objection to Motion for Continuance filed.
Jun. 10, 2014 (Petitioner's) Motion to Continue Final Hearing filed.
Jun. 06, 2014 Notice of Substitution of Counsel (Yolonda Green) filed.
Jun. 06, 2014 Joint Pre-hearing Stipulation filed.
Jun. 06, 2014 Notice of Taking Deposition in Lieu of Live Testimony (of Michelle Wood) filed.
Jun. 06, 2014 Second Amended Notice of Taking Telephonic Deposition (of Sheryl McGowen-Nickolson) filed.
Jun. 06, 2014 (Petitioner's) Notice of Intent to Offer Records Pursuant to Section 90.803(6)(c), Florida Statutes filed.
Jun. 05, 2014 Petitioner's Motion for Official Recognition filed.
Jun. 05, 2014 Notice of Taking Telephonic Deposition in Lieu of Live Testimony (of Jonathan Waldbaum, M.D.) filed.
Jun. 05, 2014 Amended Notice of Taking Telephonic Deposition (of Sheryl McGowen-Nickolson) filed.
Jun. 04, 2014 Amended Notice of Taking Telephonic Deposition (of Rachel Jeppersen, M.A.) filed.
Jun. 04, 2014 Amended Notice of Taking Deposition in Lieu of Live Testimony (of Michael R. West) filed.
Jun. 04, 2014 Amended Notice of Taking Deposition in Lieu of Live Testimony (of JoAnn Trexler) filed.
Jun. 03, 2014 Notice of Taking Deposition in Lieu of Live Testimony (of JoAnn Trexler) filed.
Jun. 03, 2014 Notice of Taking Deposition in Lieu of Live Testimony (of Michael R. West) filed.
Jun. 03, 2014 Amended Notice of Hearing (hearing set for June 17 through 20, 2014; 9:00 a.m.; Viera, FL; amended as to room location).
Jun. 03, 2014 (Petitioner's) Notice of Filing Amended Administrative Complaint filed.
Jun. 03, 2014 Notice of Cancellation of Telephonic Deposition (of Ann Gregg, P.A.) filed.
Jun. 03, 2014 Order Granting Motion to Amend.
Jun. 02, 2014 (Respondent's) Third Notice of Supplemental Answer to First Set of Interrogatories (filed in Case No. 14-001343PL).
Jun. 02, 2014 (Respondent's) Third Notice of Supplemental Answer to First Set of Interrogatories filed.
Jun. 02, 2014 (Respondent's) Notice of Service of Answers to Second Set of Interrogatories (filed in Case No. 14-001343PL).
Jun. 02, 2014 (Respondent's) Notice of Service of Answers to Second Set of Interrogatories filed.
May 30, 2014 (Petitioner's) Motion for Leave to Amend Administrative Complaint filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Rachel Jeppersen, M.A.) filed.
May 30, 2014 Respondent's Response to Second Request for Admissions (filed in Case No. 14-001343PL).
May 30, 2014 Notice of Taking Telephonic Deposition (of Sheryl McGowen-Nickolson) filed.
May 30, 2014 Respondent's Response to Second Request for Admissions filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Michele Morrell) filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Ann Gregg, P.A.) filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Deborah Barker) filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Regina Plans) filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Kathleen Martin) filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Eleua Alvarez) filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Vicki Northrup) filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Julie Mall) filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Angela Strunk) filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Kristi Zimmer) filed.
May 30, 2014 Notice of Taking Telephonic Deposition (of Theresa Nicolini) filed.
May 29, 2014 Notice of Substitution of Counsel (Judson Searcy) filed.
May 29, 2014 (Respondent's) Second Notice of Supplemental Answer to First Set of Interrogatories (filed in Case No. 14-001343PL).
May 29, 2014 (Respondent's) Second Notice of Supplemental Answer to First Set of Interrogatories filed.
May 28, 2014 Notice of Supplemental Answer to First Set of Interrogatories filed.
May 27, 2014 Notice of Taking Continued Deposition in Lieu of Live Testimony filed.
May 23, 2014 Order of Consolidation (DOAH Case Nos. 14-2488PL).
May 14, 2014 Notice of Taking Deposition in Lieu of Live Testimony filed.
May 08, 2014 Notice of Transfer.
May 02, 2014 Respondent's Response to First Request for Admissions (filed in Case No. 14-001343PL).
May 02, 2014 Respondent's Response to First Request for Admissions filed.
May 02, 2014 (Respondent's) Response to Petitioner Department of Health First Request to Produce (filed in Case No. 14-001343PL).
May 02, 2014 (Respondent's) Response to Petitioner Department of Health First Request to Produce filed.
May 02, 2014 (Respondent's) Notice of Service of Answers to First Set of Interrogatories (filed in Case No. 14-001343PL).
May 02, 2014 (Respondent's) Notice of Service of Answers to First Set of Interrogatories filed.
May 02, 2014 Notice of Appearance (Robert Berry) filed.
Apr. 24, 2014 Notice of Serving Petitioner's Second Request for Admissions and Second Set of Interrogatories filed.
Apr. 22, 2014 Notice of Taking Deposition Duces Tecum (of Albert Esmailzadeh, M.D.) filed.
Apr. 01, 2014 Amended Notice of Hearing (hearing set for June 17 through 20, 2014; 9:00 a.m.; Viera, FL; amended as to location of hearing).
Mar. 27, 2014 Notice of Serving Petitioner's First Request for Admissions, First Request for Production of Documents and Things, and First Set of Interrogatories filed.
Mar. 25, 2014 Notice of Appearance of Co-Counsel (Jonathan R. Zachem; filed in Case No. 14-001343PL).
Mar. 25, 2014 Notice of Appearance of Co-Counsel (Jonathan R. Zachem) filed.
Mar. 25, 2014 Order of Pre-hearing Instructions.
Mar. 25, 2014 Notice of Hearing (hearing set for June 17 through 20, 2014; 9:00 a.m.; Melbourne, FL).
Mar. 24, 2014 Notice of Appearance of Co-Counsel (Daniel Hernandez) filed.
Mar. 24, 2014 Joint Response to Initial Order filed.
Mar. 24, 2014 Order of Consolidation (DOAH Case Nos. 14-1342PL and 14-1343PL).
Mar. 24, 2014 Joint Motion to Consolidate filed.
Mar. 21, 2014 Initial Order.
Mar. 21, 2014 Administrative Complaint filed.
Mar. 21, 2014 Election of Rights filed.
Mar. 21, 2014 Agency referral filed.

Orders for Case No: 14-001342PL
Issue Date Document Summary
May 27, 2016 Mandate
Feb. 16, 2015 Agency Final Order
Nov. 19, 2014 Recommended Order Sufficient evidence exists for termination of Respondent's license to practice medicine in Florida.
Source:  Florida - Division of Administrative Hearings
Lawyers who claimed
Counsels
  • Alicia Elaine Adams
  • Robert Ralph Berry
  • Gregory Warren Eisenmenger 5450 village drive viera, florida 32955
  • department of health prosecution services unit 4052 bald cypress way, bin c-65 tallahassee, florida 32399-3265
  • Judson McKenzie Searcy department of health prosecution services unit 4052 bald cypress way, bin c-65 tallahassee, florida 32399-3265
  • Judson McKenzie Searcy department of health prosecution services unit 4052 bald cypress way, bin c-65 tallahassee, florida 32399-3265
  • alicia e. adams department of health prosecution services unit 4052 bald cypress way, bin c-65 tallahassee, florida 32399-3265
Cites
Florida Laws (7)
Florida Administrative Code (1)
Authorities (11)
Cited By (11)
Similar Cases

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer