17 Fla. L. Weekly Supp. 288a
Online Reference: FLWSUPP 1704BRO2Insurance — Personal injury protection — Discovery — Depositions — Where sole issue presented is applicability of fee schedule to medical bill, information sought from insurer’s representative is immaterial and irrelevant, and representative’s deposition is prohibited
BAYFRONT MEDICAL CENTER a/a/o Brown, Rachel, Plaintiff, vs. DIRECT GENERAL INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 09-005632SC. February 11, 2010. Walter Fullerton, Judge. Counsel: Terry Schwartz, Russell Lazega, P.A., for Plaintiff. Sarah L. Spriet, Reynolds, Stowell, Parrino, P.A., for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR PROTECTIVE ORDER
THIS CAUSE having come on for hearing on February 3, 2010, on Defendant’s Motion for Protective Order, and the Court being fully advised in the premises, it is hereby,
ORDERED and ADJUDGED
1. Defendant’s Motion for Protective Order is GRANTED.
2. The issues presented in the instant matter are purely legal, namely the application of fee schedule found in §627.736(5)(a)2., Florida Statutes (2008) to the subject medical bill at issue.
3. As the facts surrounding the submission and payment of the subject medical bill are not at issue, the deposition of Defendant’s representative is immaterial and not relevant to whether or not the fee schedule or its subsections was appropriately applied to the subject medical bill at issue.
4. Plaintiff is prohibited from taking the deposition of Defendant’s representative as the information sought is immaterial, irrelevant and Plaintiff has no good faith foundation or basis that would indicate a good faith necessity or reason to take the deposition of a representative of the Defendant in relation to this case.
5. In the event that any or all issues remain after said legal issue has been heard and ruled upon by this Honorable Court, Plaintiff shall then be entitled to continue with and finish all discovery relating to these matters that remain at issue.
