13 Fla. L. Weekly Supp. 598a
Insurance — Personal injury protection — Discovery — Pre-suit — Medical provider is ordered to produce patient specific documents, parties are ordered to file joint stipulation detailing production of non-patient specific documents, and provider is directed to appear for deposition after documents are produced
ALLSTATE INSURANCE COMPANY, a foreign corporation (In re: Vincent Etienne; Vanity Reilly; Diana Garcia; Luis Gomez; Lori Kleeman), Petitioner/Movant, v. STEVEN D. GELBARD, M.D., P.A., a Florida corporation, Respondent. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. 05-014857 CACE 08. March 23, 2006. Ronald J. Rothschild, Judge. Counsel: Gregory P. Hengber, Hengber, Goldstein, & Ray, P.A., Fort Lauderdale, for Petitioner/Movant Allstate. Russel Lazega, for Respondent.
ORDER ON PETITIONER’S VERIFIED PETITION/MOTION FOR DISCOVERY PURSUANT TO F.S. § 627.736(6)(c)
THIS CAUSE having come on to be heard on Petitioner’s Verified Petition/Motion for Discovery Pursuant to Florida Statute §627.736(6)(c) and Motion for Good Cause and the Court having considered the record, being advised that the parties are in agreement to the entry of this Order and the Court being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED that:
1. Petitioner’s, ALLSTATE INSURANCE COMPANY, (hereinafter referred to as “ALLSTATE”), Verified Petition/Motion for Discovery Pursuant to Florida Statute §627.736(6)(c) and Motion for Good Cause are hereby GRANTED as set forth below:
· STEVEN D. GELBARD, M.D., P.A. shall produce all “patient specific” documentation and items for the patients in this case, which shall include the entire medical and billing file for each patient, cover to cover, including, but not limited to, all medical records, notes, lab results, diagnostic test results, raw data from diagnostic testing, bills, HCFA’s, CMS-1500’s, billing ledgers, Assignments of Benefits, Directions to Pay, Disclosure and Acknowledgment Forms, and anything else regarding these patients, whether stored on paper, computer or other format, within thirty (30) days of this Order;
· As to the other documentation and information sought by Allstate that is non-“patient specific” and is sought in other pending Petitions, the parties will file a Joint Stipulation with the Court within forty (40) days of this Order detailing the global production to said remaining documentation and items requested by ALLSTATE.
· Stephen D. Gelbard, M.D., shall appear for a deposition in accordance with the Florida Rules of Civil Procedure, after the documentation and information referenced above, both “patient specific” and “non-patient specific”, is produced in accordance with this Order and the Stipulation of the parties.
2. With respect to either party’s claim for entitlement to attorney fees and costs pursuant to Florida Statute §627.736(6)(c), the Court reserves jurisdiction to determine entitlement to attorney fees and costs, if any, following the completion of the discovery ordered in this matter, including the global production.
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