19 Fla. L. Weekly Supp. 378b
Online Reference: FLWSUPP 1905HUBEInsurance — Personal injury protection — Discovery — Independent medical examiner — Objections to discovery request seeking information on extent of IME practice of physician who performed independent medical examination on insured are overruled
PAN AM DIAGNOSTIC OF ORLANDO as assignee of Evens Saint Hubert, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2010-SC-3512. January 24, 2012. Deborah B. Ansbro, Judge. Counsel: Rutledge M. Bradford, Bradford Cederberg, P.A., Orlando, for Plaintiff. Neil Andrews, Adams & Diaco, P.A., Orlando, for Defendant. Lawrence Hauser, Alvarez, Sambol & Winthrop, P.A., Orlando, for third-party, Rose Healthcare Center/Dr. Mimi Suhar.
ORDER ON ROSE HEALTHCARE CENTER/DR. MIMI SUHAR’S MOTION FORPROTECTIVE ORDER
THIS MATTER comes before this Honorable Court on Dr. Mimi Suhar’s Motion for Protective Order. This honorable Court having heard arguments of counsel and being otherwise fully advised in the premises it is hereby notes the following:
ORDERED AND ADJUDGED as follows:
1. The Plaintiff requested the following contained in Exhibit A attached to the Notice of Taking Deposition Duces Tecum:
A. Curriculum Vitae for Mimi H. Suhar, D.C.
B. Any and all reports generated by Rose Healthcare Centre and/or Mimi H. Suhar, D.C. regarding Evens Saint Hubert.
C. Any and all correspondence received by Rose Healthcare Centre and/or Mimi H. Suhar, D.C. regarding Evens Saint Hubert.
D. Proof of payment for Rose Healthcare Centre and/or Mimi H. Suhar, D.C. services provided regarding Evens Saint Hubert.
E. Copies of all records reviewed by Rose Healthcare Centre and/or Mimi H. Suhar, D.C. in preparation of Mimi H. Suhar, D.C.’s IME of Evens Saint Hubert.
F. A complete list of all companies for which Rose Healthcare Centre and Mimi H. Suhar, D.C. has completed IMEs for in the last three (3) years.
G. Copies of any and all 1099s from PROGRESSIVE AMERICAN INSURANCE COMPANY and any AFFILIATES/SUBSIDIARIES of PROGRESSIVE AMERICAN INSURANCE COMPANY reflecting the amount of income received for the past three (3) years related to IMEs. If IME sum cannot be separated out, then produce all 1099s showing income from both PROGRESSIVE AMERICAN INSURANCE COMPANY and any AFFILIATES/SUBSIDIARIES of PROGRESSIVE AMERICAN INSURANCE COMPANY.
H. Copies of 1099s from all third party vendors for whom Rose Healthcare Centre and Mimi H. Suhar, D.C. has performed IMEs for over the last three (3) calendar years.
I. The number of IMEs requested by PROGRESSIVE AMERICAN INSURANCE COMPANY and any AFFILIATES/SUBSIDIARIES of PROGRESSIVE AMERICAN INSURANCE COMPANY to be scheduled by Rose Healthcare Centre and/or Mimi H. Suhar, D.C. for the three (3) calendar years proceeding Mimi H. Suhar, D.C.’s IME of Evens Saint Hubert.
J. The number of IMEs that were performed during the three (3) calendar years preceding Mimi H. Suhar, D.C.’s IME of Evens Saint Hubert that were requested by PROGRESSIVE AMERICAN INSURANCE COMPANY and any AFFILIATES/SUBSIDIARIES of PROGRESSIVE AMERICAN INSURANCE COMPANY.
K. The total number of IMEs scheduled with Rose Healthcare Centre and Mimi H. Suhar, D.C. by all vendors for the (3) calendar years preceding Mimi H. Suhar D.C.’s IME of Evens Saint Hubert.
L. The name and address of your business accountant.
2. Dr. Suhar does not object to producing the items requested in letters A through E of Plaintiff’s Exhibit A.
3. The court overrules Dr. Suhar’s objections to letters F through L of Plaintiff’s Exhibit A and said items are to be produced at her deposition.
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