18 Fla. L. Weekly Supp. 545a
Online Reference: FLWSUPP 1806AGRA Insurance — Personal injury protection — Discovery — Explanation of benefits — Medical provider is ordered to produce copies of EOB forms indicating amounts allowed and paid by private health insurers and automobile insurers to provider for CPT codes at issue for period extending from 15 days before first date of service at issue to 15 days after last date of service at issue
GLOBAL DIAGNOSTIC CENTER INC., a/a/o REYNA AGRAMONTE, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 10-CC-031890, Division I. April 4, 2011. Honorable Herbert Berkowitz, Judge. Counsel: James Collins, Law Offices of Gonzalez & Associates, Brandon, for Plaintiff. Matthew Brumley, Dutton Law Group, P.A., Tampa, for Defendant.
ORDER REGARDING THE DEFENDANT’S MOTION TO COMPEL BETTER RESPONSES TO THE REQUESTTO PRODUCE PROPOUNDED UPON THE PLAINTIFFON OR ABOUT 12/15/10 AND MOTION TO COMPELBETTER RESPONSES TO THE INTERROGATORIES PROPOUNDED UPON THE PLAINTIFF ONOR ABOUT 12/15/10
THIS CAUSE having come before the court on 3/21/11, on the Defendant’s Motions to Compel Better Responses to Interrogatories and Request to Produce with the Plaintiff having been represented by JAMES COLLINS, ESQ. and the Defendant having been represented by MATTHEW BRUMLEY, ESQ. and the court, having heard arguments of counsel, and being fully advised in the premises hereby rules as follows:
ORDERED and ADJUDGED that:
1. The above styled lawsuit is an action for PIP benefits.
2. On or about 12/15/10, the Defendant propounded interrogatories and request to produce upon the Plaintiff, and or about 1/31/11, the Plaintiff responded to same.
3. On or about 2/3/11, the Defendant moved to compel better responses to the Defendant’s aforementioned discovery.
4. The Plaintiff shall provide verified responses to the Defendant’s interrogatories within 20 days of the date of this hearing.
5. The Plaintiff will provide better responses to request to produce number 10(a) and (b) as well as request to produce number 14, within 20 days of the date of this hearing.
6. The Defendant has withdrawn its motion to compel a better response to Request to Produce number 21, without prejudice.
7. The Defendant’s motion to compel a better response to request to produce number 15 is GRANTED. The Plaintiff shall produce copies of Explanation of Benefits forms that reflect the amounts allowed and paid by private health insurers and automobile insurers to the Plaintiff pertaining to the CPT codes at issue in this lawsuit, for the period of 15 days before the first date of service at issue, to 15 days after the last date of service at issue. One Explanation of Benefits form per insurer shall suffice. Patient names and all other identifying information shall be redacted to protect the rights of the patients. The Plaintiff shall produce said documents within 30 days of the date of this hearing.
