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RAYMOND D. CLITES, D.C., P.A., as assignee of Robert Williams, Plaintiff, vs. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 346b

Insurance — Personal injury protection — Discovery — Depositions — Court declines to enter protective order for deposition of attorney — Where there is no evidence of need for special master to preside over deposition as requested by medical provider, court will permit master to preside if provider bears cost

RAYMOND D. CLITES, D.C., P.A., as assignee of Robert Williams, Plaintiff, vs. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 2000-6284-SC-Div. H. February 9, 2004. Paul L. Huey, Judge.

ORDER ON PLAINTIFF’S MOTION FOR PROTECTIVE ORDER/MOTION FOR SPECIAL MASTER

THIS CAUSE came on before this Court on January 28, 2004 upon Plaintiff’s Motion For Protective Order/Motion For Special Master, and the Court having heard argument of counsel and being otherwise duly advised in the premises, it is hereby

ORDER AND ADJUDGED Plaintiff’s Motion For Protective Order/Motion For Special Master is DENIED. The Court finds no evidence to support the need for a special master and declines to enter a protective order regarding the deposition of Timothy A. Patrick, Esquire by Defendant.

Since counsel for Defendant has no objection to a special master presiding over the deposition, providing counsel for Plaintiff bear the burden of that cost during the deposition and forever thereafter, the Court will permit a special master to preside over the deposition of Timothy A. Patrick, Esquire if counsel for both parties can agree as to the special master and Plaintiff forever bears the cost.

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