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PILLAR DIAGNOSTICS, INC., as assignee of FRANCISCO COLMENARES, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

12 Fla. L. Weekly Supp. 156a

Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Motion for contempt is denied and motion for sanctions is granted for failure to comply with order requiring better responses to supplemental request to produce and better answers to interrogatories

PILLAR DIAGNOSTICS, INC., as assignee of FRANCISCO COLMENARES, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-03-6021. October 13, 2004. Wayne Shoemaker, Judge. Counsel: Alexander Billias, Morgan Colling & Gilbert, P.A., Orlando. Michael Liebgold, Reynolds & Stowell, P.A., St. Petersburg.

Cert. dismissed. 14 Fla. L. Weekly Supp. 124a

ORDER ON PLAINTIFF’S MOTION FOR CONTEMPT/MOTION FOR DISCOVERY SANCTIONS FOR FAILURE TO COMPLY WITH COURT ORDER

THIS CAUSE having come before the Court on Plaintiff’s Motion for Contempt/Motion for Discovery Sanctions for Failure to Comply with Court Order, and this Court having reviewed the file, the Court does hereby ORDER and ADJUDGE as follows:

1. Plaintiff’s Motion for Contempt is hereby DENIED.

2. Plaintiff’s Motion for Discovery Sanctions is hereby GRANTED. Accordingly, within thirty (30) days of the date of this hearing, Defendant shall pay counsel for Plaintiff discovery sanctions in the amount of $500.00.

3. Furthermore, within twenty-one (21) days of the date of this hearing, Defendant shall serve full and complete answers to Plaintiff Supplemental Interrogatories and full and complete responses to Plaintiff’s Supplemental Request to Produce, in full compliance with Judge Brewer’s Order on Plaintiff’s Motion to Compel Better Responses to Supplemental Request to Produce and Better Answers to Supplemental Interrogatories, which was previously entered by Judge Brewer in this case on August 11, 2003, (a copy of which is attached hereto as Exhibit “A”.) [12 Fla. L. Weekly Supp. 155b]

4. Lastly, pursuant to Exhibit A and the instant Order, the parties in this case and their attorneys shall not be required to stipulate to or execute any Confidentiality Agreements or Protective Orders regarding Defendant’s full and complete answers to Plaintiff’s Supplemental Interrogatories and Defendant’s full and complete response to Plaintiff’s Supplemental Request to Produce.

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