16 Fla. L. Weekly Supp. 577a
Online Reference: FLWSUPP 166GONZA
Insurance — Personal injury protection — Discovery — Transcript of examination under oath — Motion to compel insurer to produce EUO transcript is granted where transcript goes to heart of insurer’s defense that services were not rendered — Mediation is ordered, and motion to set trial is granted
OAKLAND HEALTHCARE AND REHABILITATION CORPORATION (a/a/o Alberto Gonzalez), Plaintiff, vs. INFINITY INSURANCE COMPANY Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 07-CC-035094. March 12, 2009. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Nicholas & Patrick, P.A., Tampa. Joanna J. Bilgutay.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL AND MOTION TO SET TRIAL
This cause having come before the Court on December 10, 2008, on Plaintiff’s Motion to Compel and Plaintiff’s Motion to Set Trial, and the Court having heard argument of counsel for the respective parties, and being otherwise fully advised in the premises herein, it is hereby:
ORDERED AND ADJUDGED:
1. Plaintiff’s Motion to Compel the examination under oath transcript of the insured, Alberto Gonzalez, is hereby Granted.
2. The Court finds that said transcript goes to the heart of Defendant’s Affirmative Defense that the services were not provided.
3. The Defendant has thirty (30) days from the date of the hearing to provide a copy of said transcript to Plaintiff.
4. Plaintiff is not to disclose the transcript to any third parties, except for Alberto Gonzalez, and the use of same is only for the purposes of this litigation.
5. The examination under oath transcript shall be redacted to remove all social security numbers prior to its use for this litigation and prior to showing same to Alberto Gonzalez.
6. The Court orders mediation to occur. A Standard Order Setting Cause for Trial and Pre-Trial shall be submitted to the Court for execution. Mediation shall take place on or before May 15, 2009.
7. Plaintiff’s Motion to Set Trial is hereby Granted. Trial shall be set in this matter on July 27, 2009 and July 28, 2009, so long as mediation has taken place prior to May 15, 2009.
