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TRAN CHIROPRACTIC & WELLNESS CENTER, INC. as assignee of David Leadbetter, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Defendant.

14 Fla. L. Weekly Supp. 782a

Insurance — Personal injury protection — Discovery — Sanctions

TRAN CHIROPRACTIC & WELLNESS CENTER, INC. as assignee of David Leadbetter, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 06-33537, Division M. May 25, 2007. Paul L. Huey, Judge. Counsel: Philip A. Friedman, Bonifield, Friedman & Leifer, P.A., Tampa, for Plaintiff. Peter Richards, Oxendine & Oxendine, P.A., Tampa, for Defendant.

ORDER ON PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S AFFIRMATIVE DEFENSES AND MOTION FOR ORDER TO SHOW CAUSE

This matter, Plaintiff’s Motion to Strike Defendant’s Affirmative Defenses and Plaintiff’s Motion for Order to Show Cause having come before the Court on the morning of May 17, 2007, present for the Plaintiff, Philip A. Friedman, Esquire and for the Defendant, Peter Richards, Esquire and the Court being apprised of applicable statutes, case law and argument of counsel, hereby orders and adjudicates as follows:

1. Defendant shall provide verified Responses to all of Plaintiff’s outstanding discovery no later than 5:00 p.m., Monday, May 21, 2007 or shall be subject to sanctions in the amount of $1000.00 per day.

2. Plaintiff’s Motion to Strike Defendant’s Affirmative Defenses is GRANTED as to Affirmative Defense #3 and is CONTINUED with regard to Affirmative Defenses #1, 2, 4, 5, and 6.

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