19 Fla. L. Weekly Supp. 125b
Online Reference: FLWSUPP 1902MPIEInsurance — Discovery — Depositions — Insurer is entitled to take depositions of medical provider’s billing and records custodian and corporate representative prior to provider taking deposition of insurer’s corporate representative to ensure that all relevant issues are developed prior to taking insurer’s representative’s deposition so that representative could be prepared for deposition
HASTINGS CHIROPRACTIC REHAB, INC. A/A/O MONA PIERRE, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 11-CC-10641. October 18, 2011. Honorable John E. Jordan, Judge. Counsel: Robert M. Lyerly, Masten, Lyerly, Peterson & Denbo, LLC, Orlando, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO DETERMINESEQUENCE OF DEPOSITIONS
THIS CAUSE came on October 12, 2011 before the Honorable John E. Jordan on Plaintiff’s Motion to Determine Sequence of Depositions. The Court, having heard arguments of counsel, reviewed the court file, and being otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that
1. Plaintiff’s Motion to Determine Sequence of Depositions is GRANTED IN PART and DENIED IN PART.
2. Plaintiff filed its Motion to Determine Sequence of Depositions asking the court to issue an Order that Plaintiff was entitled to take the deposition of Defendant’s corporate representative prior to any other deposition being taken. This request is denied. Defendant shall be permitted to conduct its deposition of Plaintiff’s billing records custodian and its deposition of Plaintiff’s corporate representative first in order to ensure that all of the issues relevant to the litigation as framed by the pleadings are developed prior to Plaintiff taking the deposition of Defendant’s corporate representative so that Defendant’s corporate representative can be prepared for the deposition and testify as to all relevant issues.
3. Depositions shall proceed in the following order:
a. Defendant shall be permitted to conduct its deposition of Plaintiff’s billing records custodian and its deposition of Plaintiff’s corporate representative first.
b. Two days after the depositions taken by Defendant, Plaintiff shall be permitted to conduct its deposition of Defendant’s corporate representative.
4. The three depositions shall take place during the same week.
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