11 Fla. L. Weekly Supp. 477b
Insurance — Personal injury protection — Discovery — Depositions — Protective order — Deposition may not be taken until it is determined whether claim was settled in prior PIP suit — If court later determines deposition shall proceed, it will appoint special master to rule contemporaneously on objections
UNION MEDICAL CENTER, INC. (as assignee for Jorge Portal), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 01-23998 COCE 50. September 29, 2003. Peter Skolnik, Judge. Counsel: Matt Hellman, Matt Hellman, P.A., Plantation. Stacey Giulianti.
ORDER ON DEFENDANT’S MOTION FOR PROTECTIVE ORDER CONCERNING DEPOSITION OF KIMBERLY BILBOW-SHAPIRO
THIS CAUSE having come upon Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, Motion for Protective Order concerning the deposition of Kimberly Bilbow-Shapiro and the Court having heard the argument counsel both pro and con being fully advised in the premises, it is thereupon:
ORDERED AND ADJUDGED that:
1. The Defendant’s Motion for Protective Order is granted. More particularly, the parties shall first determine whether in fact this case was settled prior to further consideration of taking the deposition of Kimberly Bilbow-Shapiro. Defendant will prepare a Motion/Order to show cause/contempt directed to the prior attorney who handled the underling PIP suit as to why he failed to produce his records when the file was subpoenaed by the defense. This Court will then determine the issue as to whether this claim was previously settled in a prior PIP suit.
2. If in fact it is determined that this claim was not previously settled and paid by Defendant then the Court will revisit the issue of taking the deposition of Kimberly Bilbow-Shapiro. If the Court determines that the deposition shall proceed forward, a special master shall be appointed to rule contemporaneously on any objections that may be raised at deposition. Defendant may reassert its Motion for Protective Order if it can provide authority giving Defendant standing to contest the taking of the deposition of Kimberly Bilbow-Shapiro.
* * *
