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NADAL MEDICAL CENTER, INC., (As Assignee of Barbara Pierre), Plaintiff, v. DAIRYLAND INSURANCE COMPANY, Defendant.

14 Fla. L. Weekly Supp. 177a

Insurance — Personal injury protection — Discovery — Documents — Insurer is required to produce every explanation of benefits and explanation of reimbursement generated for CPT codes at issue in geozip area for three months prior to and three months after dates of service

NADAL MEDICAL CENTER, INC., (As Assignee of Barbara Pierre), Plaintiff, v. DAIRYLAND INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 06-13939, Division I. December 5, 2006. Charlotte W. Anderson, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. David A. Boulos, for Defendant.

AGREED ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL DISCOVERY

THIS CAUSE having come before the Court upon agreement by the parties, it is hereby: ORDERED and ADJUDGED as follows:

1. The Plaintiff’s Second Request to Produce requested the following:

“Each and every explanation of benefit (EOB) and explanation of reimbursement (EOR) generated by the Defendant for the geozip 336__ for the time period of three (3) months prior to, and three (3) months subsequent to each of the respective dates of service and CPT codes at issue pursuant to the attached Statement of Particulars.”

2. The Plaintiff’s Motion to Compel Discovery as to Plaintiff’s Second Request to Produce is hereby granted.

3. The Defendant shall provide each and every explanation of benefit (EOB) and explanation of reimbursement (EOR) generated by the Defendant for the geozip 336__ for CPT codes 72040 and 73560 for the time period of May 9, 2005 through November 9, 2005 within sixty (60) days from November 28, 2006.

4. There shall be no bond required from the Plaintiff.

5. The parties shall resolve the issues of copying expenses for said production. In the event, that the parties are not able to resolve issues regarding reasonable copying expenses, then the Court will address same at a later date.

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