13 Fla. L. Weekly Supp. 173a
Insurance — Personal injury protection — Discovery — PIP log — Where trial court has previously ruled that there is no recognized cause of action for failure to produce PIP log or duty imposed on insurer to produce log in response to pre-suit demand, motion for protective order is granted to extent that insurer shall not produce log until medical provider ceases to pursue cause of action based on failure to produce log — When provider ceases to pursue such cause of action, insurer shall produce log, and production will not be deemed or intended to be confession of judgment
DIAGNOSTIC MEDICAL CENTER, INC., (As Assignee of Deisy Rodriguez), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 05-CC-002179 / Division L. October 21, 2005. Paul L. Huey, Judge. Counsel: Kimberly A. Sandefer, Gale L. Young, P.A., Tampa. Dwayne Perser.
ORDER ON DEFENDANT’S MOTION FOR PROTECTIVE ORDER WITH REGARD TO THE PRODUCTION OF DOCUMENTS REQUESTED IN DISCOVERY
THIS CAUSE, having come on before this Court on October 12, 2005, upon the Defendant’s Motion For Protective Order With Regard To The Production Of Documents Requested In Discovery, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motion For Protective Order With Regard To The Production Of Documents Requested in Discovery is GRANTED TO THE EXTENT that Defendant shall not produce the redacted PIP log until such time as Plaintiff ceases to pursue and assert a cause of action based upon any alleged failure by Defendant to produce a PIP log to Plaintiff. As noted previously in the Court’s Order Denying Plaintiff’s Motion For Partial Summary Judgment rendered on September 22, 2005, there is no recognized cause of action for failure to produce a PIP log, nor is there any duty imposed upon a personal injury protection insurer to produce a PIP log in response to a pre-suit demand. However, at such time as Plaintiff ceases to assert and pursue a cause of action for failure to provide a PIP log, Defendant shall then produce its redacted PIP log in response to Plaintiff’s Request To Produce. At such time as Defendant does produce its redacted PIP log to Plaintiff, such production is not deemed nor intended to be a confession of judgment.
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