13 Fla. L. Weekly Supp. 598b
Insurance — Personal injury protection — Discovery — Pre-suit — Medical provider is ordered to produce patient specific documents and parties are ordered to file joint stipulation detailing production of non-patient specific documents
ALLSTATE INSURANCE COMPANY, (In re: Emma Jean Mohorn), 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. 05-004931 CACE 12. March 21, 2006. Dorian Damoorgian, 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 provide all “patient specific” documentation and items requested in items # 3-7, 18 and 21 of ALLSTATE’s February 1, 2005 and February 28, 2005 letters within forth (40) days of this Order.
· As to the remaining documentation and items requested in items # 1-2, 8-17, and 19-20 of ALLSTATE’s February 1, 2005 and February 28, 2005, that is non-patient specific and is virtually identical to the information 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 response to said remaining documentation and items requested in items # 1-2, 8-17, and 19-20 of ALLSTATE’s February 1, 2005 and February 28, 2005.
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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