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JEFFREY B. FRIEDMAN, M.D. P.A. as assignee of William Deacon, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 582a

Insurance — Personal injury protection — Discovery — Depositions — Medical provider may not depose witness at this time, but may depose later if discovery indicates witness has personal knowledge of issues in case and knowledge becomes part of record

JEFFREY B. FRIEDMAN, M.D. P.A. as assignee of William Deacon, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 03-SC-2583. April 1, 2004. Mark E. Herr, Judge. Counsel: Roy Smith. George Milev, Adams, Blackwell & Diaco, P.A., Tampa.

ORDER

THIS CAUSE having come before the Court on Defendant’s Motion for Protective Order regarding the deposition of Joyce Richardson, and the Court having heard arguments by Plaintiff and Defendant and otherwise being fully advised in the premises, it is hereby ORDERED AND ADJUDGED:

1. Defendant’s Motion for Protective Order is GRANTED, without prejudice.

2. Mrs. Richardson shall not be deposed at that time.

3. Plaintiff may proceed with discovery and may take the deposition of the adjuster who processed the bills at issue.

4. If after discovery and the adjuster’s deposition Plaintiff finds that Ms. Richardson has personal knowledge of the issues in this case and her knowledge becomes part of the record, then Plaintiff may take her deposition testimony upon petitioning to the Court.

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