10 Fla. L. Weekly Supp. 916b
Insurance — Discovery — Interrogatories — Objections to questions regarding doctors who were requested by insurer to conduct medical examinations of plaintiff on the grounds that questions are irrelevant, overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible or relevant evidence are overruled
GERALD PADDOCK, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. SCO-03-1640. Division 71-P.I.P. (Orange). August 27, 2003. Jeffrey C. Arnold, Judge. Counsel: Michael W. Udowychenko, Parrish & Fredericksen, P.A., Orlando, for Plaintiff.
ORDER COMPELLING DISCOVERY RESPONSES
THIS ACTION came on to be heard on plaintiff’s third motion to compel regarding the following interrogatories that were propounded to defendant resulting in the following answers:
10. For each doctor that Defendant has requested to conduct a medical examination of Plaintiff, state:
E. How many times each such doctor has been hired by Defendant (or anyone on Defendant’s behalf) to conduct medical examinations at any time during the last three years:
Answer: Objection. Defendant objects to this Interrogatory as said Interrogatory is irrelevant, overbroad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible or relevant evidence. Subject to the foregoing objection and without waiving same, Defendant does not keep this information in a format which is accessible to respond to this request.
F. All amounts paid to each such doctor by Defendant or Defendant’s agents (or anyone on Defendant’s behalf) to conduct medical examinations at any time during the last three years:
Answer: Objection. Defendant objects to this Interrogatory as said Interrogatory is irrelevant, unduly burdensome and not reasonable calculated to lead to the discovery of admissible or relevant evidence.
11. For each person or entity (other than a doctor) that Defendant has requested to procure a medical examination of Plaintiff, state:
A. The name, last known address, and last known telephone number of each such person or entity:
B. Each reason why Defendant selected each such person or entity (as opposed to any other person or entity) to conduct the medical examination:
C. All amounts paid to each such person or entity for services rendered with regard to Plaintiff:
D. Every date of communication or correspondence between Defendant and each such person or entity:
E. How many times each such person or entity has been hired by Defendant (or anyone on Defendant’s behalf) to conduct medical examinations at any time during the last three years:
F. All amounts paid to each such person or entity by Defendant or Defendant’s agents (or anyone on Defendant’s behalf) to conduct medical examinations at any time during the last three years:
Answer: Royal Medical was selected by the Medical Claims Representative to ensure the insured’s benefits were being maximized and that the treatment being rendered was appropriate.
16. Are your answers to the foregoing interrogatories based upon all such information as is available to Defendant? If not, why?
Answer: The answers are based upon information concerning the claim for PIP benefits by the Plaintiff.
and the court being fully advised in the premises thereof and having reviewed the file, it is
ORDERED AND ADJUDGED that:
1. Defendant’s objections to said interrogatories are overruled. Within thirty (30) days from the date of this order, defendant shall serve complete and responsive supplemental answers to interrogatories numbered ten, eleven, and sixteen. The supplemental answers shall be sworn to under oath.
2. Under the applicable rules of civil procedure (choose one):
__X__This Court reserves jurisdiction to determine whether plaintiff is entitled to recover reasonable attorney’s fees and costs expended in pursuing the motion to compel discovery.
_____Plaintiff is entitled to recover reasonable attorney’s fees and costs expended in pursuing the motion to compel discovery. The parties will either stipulate to said attorney’s fees and costs, or the Plaintiff shall notice same for hearing, at which time this Court shall quantify the amount of attorney’s fees and costs to be awarded.
_____Plaintiff is entitled to recover reasonable attorney’s fees and costs expended in pursuing the motion to compel discovery. Defendant(s) ____________, shall pay to counsel for plaintiff the amount of $ __________ within ______ days from the date of this order, via cashier’s check or money order. Said payment shall be made payable to Parrish & Fredericksen, P.A.
3. NOTICE: The Court requires strict compliance with the terms of this order and FAILURE TO FULLY COMPLY WITH THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT, STRIKING OF PLEADINGS, ENTRY OF JUDGMENT AGAINST DEFENDANT(S), OR OTHER APPROPRIATE SANCTION(S).
* * *
