11 Fla. L. Weekly Supp. 1087c

Insurance — Personal injury protection — Discovery — Documents — Motion to compel production of monthly summaries of medical bill reviews is denied

TRAN CHIROPRACTIC & WELLNESS CENTER, INC., d/b/a WITH HANDS ONLY CHIROPRACTIC, P.A., a/a/o Ryan Hess, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-2728-SC, Division J. February 12, 2004. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Tampa, for Plaintiff. Scott W. Dutton, Haas, Dutton, Blackburn, Lewis & Longley, Tampa, for Defendant.

ORDER DENYING PLAINTIFF’S MOTION TO COMPEL, AND SUSTAINING DEFENDANT’S OBJECTIONTO REQUEST TO PRODUCE

This matter come on to be heard on February 5, 2004 before this court on Plaintiff’s Second Motion to Compel or overrule Defendant’s objection to Plaintiff’s Second Request to Produce wherein the Plaintiff requested the Defendant to Produce “Copies of Progressive’s monthly summaries of medical bill reviews from Mitchell Medical Systems beginning in April, 2001 through present.”

After hearing argument of counsel and considering the ruling of this court in CEGA STRESS & ESTHETIC CENTER, as assignee of MARIA BLANCO v. PROGRESSIVE EXPRESS INSURANCE COMPANY, 10 Fla. L. Weekly Supp. 1035a (County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-05087-SC. Division J. September 17, 2003) and Judge Eric Myers ruling in PHYSICAL MEDICINE CENTER, as assignee of THOMAS DICKSON v. PROGRESSIVE EXPRESS INSURANCE COMPANY, 10 Fla. L. Weekly Supp. 733d (County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-SC-2535 1. Division K. July 17, 2003) and otherwise having been fully advised in the premises it is

ORDERED and ADJUDGED that Plaintiff’s Motion to Compel is DENIED, and Defendant’s objection to plaintiffs request to produce is SUSTAINED.

* * *