20 Fla. L. Weekly Supp. 811b
Online Reference: FLWSUPP 2008MARSInsurance — Personal injury protection — Discovery — Motion to compel third party to produce information regarding payments made on behalf of insurer to physician who conducted independent medical examination is granted
DR. ROBERT ALFINI D.C. D/B/A ALFINI CHIROPRACTIC CLINIC (ASSIGNEE OF MARSHALL, DANIEL), Plaintiff, v. HARTFORD UNDERWRITERS INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Desoto County. Case No. 11-SC-234. June 4, 2013. Donald T. Hall, Judge. Counsel: Courtney J. Johnson, Florida PIP Law Firm, PA, Boca Raton, for Plaintiff. Sarah Spriet, Reynolds, Parrino, Spano, PA, St. Petersburg, for Defendant.
ORDER ON PLAINTIFF’S MOTION TOCOMPEL PRODUCTION BY THIRD PARTY
THIS CAUSE having come before this Court on Plaintiff’s Motion to Compel Production by Third Party, and the Court having heard argument of counsel and being otherwise fully advised of the premises, it is hereby
ORDERED and ADJUDGED that:
1. Plaintiff’s Motion to Compel Production by Third Party is GRANTED IN PART.
2. MES Solutions, Inc. shall provide Plaintiff with any and all information evincing payments made to Dr. Jeffrey Rosner by MES Solutions, Inc. on behalf of Defendant from three (3) years prior to the Independent Medical Examination conducted in this case within twenty (20) days of the date of this Order.
3. The documentation/information produced shall be kept strictly CONFIDENTIAL. The document(s) designated as CONFIDENTIAL shall not be provided, shown, made available, or communicated in any way to any person or entity with the exception of: a) The counsel working on this action on behalf of any party to this Order, and all assistants and stenographic and clerical employees working under the direct supervision of such counsel; b) Any person not employed by a party who is expressly retained by a party to this Order or any attorney to assist in the litigation of this action, with disclosure of the CONFIDENTIAL designated documents only to the extent necessary to perform such work; c) Court Reporters and any person who is author or recipient of the CONFIDENTIAL designated documents of whom testimony is taken, except that such persons may be shown copies of CONFIDENTIAL designated documents only during such testimony and may not retain CONFIDENTIAL designated documents or copies thereof; and d) The Court or its staff in connection with the Court’s administration and adjudication of this action. Further, upon final adjudication of the claims at issue in this action, or upon such earlier order as the court may enter pursuant to a duly noticed motion by the designating party, each party shall then either (1) assemble and return the document(s) designated CONFIDENTIAL in its possession, including all copies thereof, to MES’ counsel or (2) certify in writing that any such documents designated CONFIDENTIAL have been destroyed.
4. The confidentiality obligations imposed by this Order shall remain in effect, unless otherwise expressly ordered by this Court. This Court retains jurisdiction over the parties hereto regarding any dispute among them regarding the use of the document(s) designated “CONFIDENTIAL” disclosed under protection of this order and otherwise retains jurisdiction to impose any criminal or civil penalties this Court finds to be appropriate in the event the parties hereto improperly disclose or otherwise violate this Order. Civil penalties to include: monetary fines, striking of pleadings, striking of evidence, and any other relief this Court deems just and proper.
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