13 Fla. L. Weekly Supp. 1189a
Civil procedure — Insurance — Discovery — Medical provider is ordered to produce entire patient files — Provider and insurer shall prepare joint stipulation regarding production of non-patient specific documents — If provider complies with agreement to reimburse to insurer all monies paid relative to these patients, court will consider whether pending or further discovery is warranted
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. August 28, 2006. Ronald J. Rothschild, Judge. Counsel: Gregory P. Hengber and Frank S. Goldstein, Hengber, Goldstein & Ray, P.A., Fort Lauderdale, for Petitioner. Russ Lazega and Joshua Meadow, for Respondent.
ORDER ON PETITIONER’S MOTION TO COMPELAND RESPONDENTS’ MOTION FOR PROTECTIVE ORDER
THIS CAUSE having come on to be heard on Petitioner, ALLSTATE INSURANCE COMPANY’s (hereinafter “ALLSTATE”) Motion to Compel and Respondent, STEVEN D. GELBARD, M.D., P.A.’s Motion for Protective Order 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. ALLSTATE’s Motion to Compel is hereby GRANTED as set forth below:
STEVEN D. GELBARD, M.D., P.A. shall produce all “patient specific” documentation and items specific to patient, Vanity Reilly, as STEVEN D. GELBARD, M.D., P.A. failed to previously produce any documents relative to Vanity Reilly. With respect to patients Vincent Etienne, Diana Garcia, Luis Gomez and Lori Kleeman, STEVEN D. GELBARD, M.D., P.A., shall produce their entire patient files, and if same have already been produced, in total, STEVEN D. GELBARD, M.D., P.A. shall forward correspondence to ALLSTATE’s counsel, Gregory P. Hengber, Esq. verifying that STEVEN D. GELBARD, M.D., P.A. has completely responded. All of the above discovery and correspondence, shall be delivered to the law firm of Hengber, Goldstein and Ray, P.A., on or before August 25, 2006.
With respect to the “non-patient specific” documentation and information, counsel for ALLSTATE and STEVEN D. GELBARD, M.D., PA., shall prepare a joint stipulation, regarding the production of same, on or before September 1, 2006 and that joint stipulation shall set forth the documents, items and information to be produced and the time frame in which those documents, items and information, shall be produced.
STEVEN D. GELBARD, M.D., P.A’s counsel represented at the August 15, 2006 hearing, that STEVEN D. GELBARD, M.D., P.A. has agreed to reimburse ALLSTATE for all monies paid by ALLSTATE on or behalf of STEVEN D. GELBARD, M.D., P.A., relative to patients, Vincent Etienne, Vanity Reilly, Diana Garcia, Luis Gomez and Lori Kleeman. Any reimbursement shall include all amounts paid, plus statutory interest. In the event that all monies are paid in full, on or before August 25, 2006, this Honorable Court will then consider whether any pending or further discovery is warranted.
2. STEVEN D. GELBARD’s Motion for Protective Order is hereby MOOT, as agreed by his counsel, since Dr. Gelbard’s deposition was mutually agreed to take place on August 29, 2006 and is currently set on that date.
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