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TERLEP CHIROPRACTIC, P.A., o/b/o Shereen Margieh, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, a foreign corporation duly authorized to transact business in the State of Florida, Defendant.

13 Fla. L. Weekly Supp. 823a

Insurance — Personal injury protection — Discovery — Failure to comply — Dismissal

TERLEP CHIROPRACTIC, P.A., o/b/o Shereen Margieh, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, a foreign corporation duly authorized to transact business in the State of Florida, Defendant. County Court, 5th Judicial Circuit in and for Hernando County, Small Claims Division. Case No. H-27-SP-2004-1468. April 10, 2006. Kurt E. Hitzemann, Judge. Counsel: Amy G. Cohen, New Port Richey. Kimberly A. Sandefer, Gale L. Young, P.A., Tampa.

ORDER DENYING PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO COMPLY WITH DISCOVERY ORDER OF FEBRUARY 13, 2006

THIS CAUSE, having come on before this Court on March 29, 2006, upon the Defendant’s Objection To Plaintiff’s Motion For Extension Of Time To Complete Discovery And Motion To Dismiss For Failure To Comply With Discovery Order Of February 13, 2006, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it is hereby DENIED.

ORDERED AND ADJUDGED as follows:

1. Plaintiff’s Motion For Extension Of Time To Complete Discovery is hereby

2. Defendant’s Motion To Dismiss For Failure To Comply With Discovery Order Of February 13, 2006 is hereby GRANTED, without prejudice.

3. The Court reserves jurisdiction as to an award of attorney’s fees to Defendant.

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