18 Fla. L. Weekly Supp. 1170a
Online Reference: FLWSUPP 1811HANLInsurance — Discovery — Depositions — Insurer is entitled to take depositions of treating physician and medical provider’s billing and records custodian prior to provider taking deposition of insurer’s corporate representatives to ensure that all relevant issues are developed prior to taking representatives’ deposition so that they could be prepared for deposition
HANLEY PAIN & REHABILITATION CENTER, INC., as assignee of Lakisha Chamberlin, Plaintiff, vs. MGA INSURANCE COMPANY, INC., Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2009-SC-013995. August 31, 2010. Wilfredo Martinez, Judge.
ORDER ON MOTION TO DETERMINE SEQUENCE OF DEPOSITION
THIS CAUSE having come before this Court on Defendant’s Motion to Determine Sequence of Deposition, and the Court, having heard the argument and otherwise being fully advised of the premises, it is hereby ORDERED and ADJUDGED as follows:
1. Plaintiff served its first request for the deposition of Defendant’s corporate representatives with the most knowledge regarding the issues which form the basis for this lawsuit including, but not limited to, the reason for non-payment of those amounts listed in paragraph 13 of the complaint in this action, the basis of any and all affirmative defenses, the basis for any bill reductions, and compulsory physical examinations.
2. Thereafter after suit was filed, Plaintiff served a second request of deposition of the aforementioned individual.
3. Defendant filed a motion to determine sequence of depositions asking the court to issue an Order that Defendant was entitled to take the deposition of the treating physician and the billing and records custodian prior to Plaintiff taking the deposition of the Defendant’s corporate representatives. The purpose for requesting the deposition prior to Plaintiff taking Defendant’s representative is to ensure that all of the issues relevant to the litigation as framed by the pleadings where developed prior to taking the deposition of Defendant’s representatives so that Defendant’s representatives could be prepared for the deposition and testify as to all relevant issues.
4. Based upon the facts submitted to the Court in this case, the deposition of Plaintiff’s billing/records custodian and the treating physician will take the place before the depositions of Defendant’s Corporate Representative(s) with the most knowledge regarding the issues which form the basis for this lawsuit, including, but not limited to, the reason for non-payment of $1,374.60 for dates of service 4/15/09-5/11/09, the basis of any and all affirmative defenses and the basis for the bill reductions/denials.
5. The depositions of Defendant’s Corporate Representative(s), as set forth above, shall take place within five (5) days of the deposition of Plaintiff’s billing/records custodian and the treating physician.
