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PARK PLACE M.R.I., as assignee of Fernand Maulin, Plaintiff, vs. METROPOLITAN GENERAL INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 739b

Insurance — Personal injury protection — Discovery — Motion to deem requests for admissions admitted is denied, and medical provider is given 24 hours to answer — Provider need only provide redacted sign-in sheets for dates of service at issue in lawsuit — Insurer withdraws from motion to compel production of other documents due to fact that fees for MRI services are set by statute

PARK PLACE M.R.I., as assignee of Fernand Maulin, Plaintiff, vs. METROPOLITAN GENERAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-5289-SC, Division L. May 8, 2004. Artemeus E. McNeil, Judge. Counsel: Michele C. Pittman. Cally E. Catania.

ORDER ON DEFENDANT’S MOTION TO COMPEL BETTER AND/OR SUFFICIENT ANSWERS TO INTERROGATORIES AND RESPONSE TO REQUEST TO PRODUCE, AND DEFENDANT’S MOTIONTO DEEM REQUESTS FOR ADMISSIONS ADMITTED

THIS CAUSE, having come on before this Court on May 12, 2004, upon the Defendant’s Motion to Compel Better And/Or Sufficient Answers to Interrogatories and Response to Request to Produce, and Defendant’s Motion to Deem Requests for Admissions Admitted, and the Court having heard argument of counsel for the Plaintiff and for the Defendant, and being otherwise duly advised in the premises, it is hereby

ORDERED AND ADJUDGED that the Motion to Deem Requests for Admissions Admitted is DENIED. However, Plaintiff has 24 hours from the hearing held on this matter on May 12, 2004 to provide answers to Defendant’s Request for Admissions to Defendant.

Defendant’s Motion to Compel is GRANTED in Part and DENIED in Part. Defendant withdraws from the Motion to Compel Interrogatories numbered 2, 4, 15, and 18, as Plaintiff has provided better answers to these Interrogatories before the date of the hearing. Plaintiff agrees to provide to Defendant a better answer to Interrogatory number 17. Defendant’s Motion to Compel is GRANTED with regard to Request to Produce numbers 3, 4, 12, 15, 18, and 19, with the limitation that in response to Request #19, Plaintiff need only provide redacted sign-in sheets for the dates of service at issue in this lawsuit. Defendant’s Motion to Compel is DENIED with regard to Request to Produce numbers 6, 7, 8, and 20. Due the fact that the fees for MRI services are set by the No-Fault statute, Defendant withdraws from the Motion to Compel request numbers 13, 16, 17, and 23.

Plaintiff shall provide verified better answers to Interrogatories and Response to Request to Produce to Defendant within 10 days of the date of the hearing held on this matter on May 12, 2004.

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