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CELPA CLINIC, INC., as assignee of LORENZO CABRERA, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 247a

Insurance — Personal injury protection — Discovery — Motion to compel insurer to produce monthly summaries of bill reviews from company it uses to audit and reduce billings is denied

CELPA CLINIC, INC., as assignee of LORENZO CABRERA, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Division I. Case No. 03-6293-SC. January 27, 2004. Paul L. Huey, Judge. Counsel: Steven D. Manno, Kingsford & Rock, P.A., Tampa. Matthew Brumley.

ORDER ON PLAINTIFF’S SECOND MOTION TO COMPEL SECOND AMENDED REQUEST FOR PRODUCTION

THIS CAUSE having come before this Honorable Court on Thursday, January 15, 2004 on Plaintiff’s Second Motion to Compel, and states as follows:

1. That on November 12, 2003 Plaintiff’s Second Amended Request for Production was propounded to the Defendant.

2. That Plaintiff’s Second Amended Request for Production requested that the Defendant, PROGRESSIVE, produce monthly summaries of medical bill reviews from Mitchell Medical Systems beginning in April, 2001 through the present.

3. That a copy of the purported Mitchell Medical data for Florida document was attached as Exhibit “1” to Plaintiff’s Second Amended Request for Production.

4. That after hearing argument of counsel, Plaintiff’s Second Motion to Compel Plaintiff’s Second Amended Request for Production is hereby denied. This document is irrelevant and not reasonably calculated to lead to the discovery of relevant evidence in this case.

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