13 Fla. L. Weekly Supp. 172a
Insurance — Personal injury protection — Discovery — Medical provider is ordered to produce materials received from manufacturer of instrument used to test insured, redacted patient sign in sheet for date of service at issue, raw data for testing performed on insured, and any documents evidencing agreement between provider and insured for accepting payment from collateral source as result of third-party liability settlement or for writing off balance owed for treatment of insured
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 TO COMPEL BETTER/SUFFICIENT ANSWERS TO INTERROGATORIES AND RESPONSE TO REQUEST TO PRODUCE
THIS CAUSE, having come on before this Court on October 12, 2005, upon the Defendant’s Motion to Compel Better/Sufficient Answers To Interrogatories And Response To Request To Produce (only as to Interrogatory Numbers 13 and 21, and Request To Produce Numbers 7, 8, 9, 13, 16, 17, 18, 20, 23, 25, 27, 32, 33, 36, 38 and 41), 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 To Compel Better/Sufficient Answers To Interrogatories And Response To Request To Produce is GRANTED IN PART AND DENIED IN PART as follows:
1. As to Interrogatory Number 21, Defendant’s Motion To Compel is granted. Plaintiff shall answer Interrogatory Number 21 within sixty (60) days from October 12, 2005.
2. As to Request To Produce Number 7, Defendant’s Motion To Compel is granted to the extent that Plaintiff shall produce all materials received by Plaintiff from the manufacturer of the machine or instrument used to perform any testing on Deisy Rodriguez at the time Plaintiff first came into possession of said machine or instrument. Defendant’s Motion To Compel is denied without prejudice as to the production of service, maintenance and use materials in Plaintiff’s possession.
3. As to Request To Produce Number 8, Defendant’s Motion To Compel is denied.
4. As to Request To Produce Number 9, Defendant’s Motion To Compel is granted to the extent that Plaintiff shall produce responsive documents as to those providing the services at issue from two (2) years prior to the date of service at issue through the date of service at issue.
5. As to Request To Produce Number 13, Defendant’s Motion To Compel is denied.
6. As to Request To Produce Numbers 16 and 17, Defendant’s Motion To Compel is granted to the extent that Plaintiff shall produce responsive documents for the time period of six (6) months before the date of service at issue through six (6) months after the date of service at issue.
7. As to Request To Produce Numbers 18 and 20, Defendant’s Motion To Compel is denied.
8. As to Request To Produce Number 23, Defendant’s Motion To Compel is granted to the extent that Plaintiff shall produce responsive documents for the time period of six (6) months before the date of service at issue through six (6) months after the date of service at issue.
9. As to Request To Produce Number 25, Defendant’s Motion To Compel is granted to the extent that Plaintiff shall produce responsive documents for the time period of one (1) year prior to the date of service through the date of service at issue.
10. As to Request To Produce Number 32, Defendant’s Motion To Compel is granted to the extent that Plaintiff shall produce responsive documents in effect on the date of service at issue.
11. As to Request To Produce Number 36, Defendant’s Motion To Compel is granted to the extent that Plaintiff shall produce a patient sign-in sheet for the date of service at issue in this matter, redacting the names of patients other than Deisy Rodriguez.
12. As to Request To Produce Number 38, Defendant’s Motion To Compel is granted to the extent that Plaintiff shall produce all raw data produced, generated or documented for any testing performed by Plaintiff, on behalf of Plaintiff or at Plaintiff’s direction upon Deisy Rodriguez.
13. As to Request To Produce Number 41, Defendant’s Motion To Compel is granted. Plaintiff shall produce any documents evidencing a third party settlement or agreement between Plaintiff and Deisy Rodriguez for accepting any payment from any collateral source as a result of a third party liability settlement or for writing off any balance owed by for the treatment rendered to Deisy Rodriguez.
14. Defendant’s request for an award of attorney’s fees is denied.
15. Plaintiff shall produce its better/sufficient responses to Defendant’s Request To Produce within ___ days of the October 12, 2005 hearing.
