13 Fla. L. Weekly Supp. 400b
Attorney’s fees — Insurance — Personal injury protection — Mediation — Parties are ordered to private mediation prior to attorney’s fee hearing — Discovery — Depositions — Medical provider’s attorney and legal assistant, but not provider, shall sit for deposition prior to mediation
TAMPA MEDICAL & REHAB CARE, LLC a/a/o FIDEL MARTIN, Plaintiff, vs. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 13th Judicial Circuit for Hillsborough County, Civil Division. Case No. 05 08666, Division I. December 8, 2005. Charlotte W. Anderson, Judge. Counsel: Bradley D. Souders, Bradley D. Souders, PA., Tampa, for Plaintiff. Philip A. Friedman, Ramey, Ramey & Kampf, P.A., Tampa, for Defendant.
ORDER
THIS CAUSE, having come before the Court on Plaintiff’s Motion for Protective Order in advance of a fee hearing; present for Plaintiff Bradley Souders, Esquire, present for Defendant Philip A. Friedman, Esquire, and the Court being apprised of the status of the case, applicable case law and otherwise
ORDERS AND ADJUDICATES as follows:
1. Plaintiff’s Motion for Protective Order is denied. Plaintiff’s attorney Bradley Souders shall sit for deposition along with his legal assistant in this matter prior to mediation. The Court maintains jurisdiction with regard to this issue.
2. The Defendant shall not seek the deposition of the Plaintiff himself (Dr. Ycaza) at this point and shall issue interrogatories.
3. The parties are ordered to private mediation in this matter before Mark Shelton if available, otherwise another lawyer who is familiar with PIP work upon whom the parties agree. This mediation shall take place prior to the fee hearing. Discovery should be completed prior to mediation, with the exception of parties expert’s depositions, if necessary. The cost of mediation shall be born equally between the parties.
4. The parties shall update their discovery and other factual exchanges prior to the mediation.
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