22 Fla. L. Weekly Supp. 1066a
Online Reference: FLWSUPP 2209BADZInsurance — Personal injury protection — Discovery — Depositions — Medical provider is not entitled to depose insurer’s employees as fact witnesses where insurer has produced affidavits indicating that those employees have no personal knowledge of case
ADVANTAGE HEALTH & WELLNESS CENTER, LLC, a/a/o SHERI BADZINSKI, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Small Claims Division. Case No. 13-007650-SC North. January 5, 2015. Honorable John Carassas, Judge. Counsel: William Moon, Florida Advocates, Dania Beach, for Plaintiff. Roy A. Kielich, Oxendine and Oxendine, P.A., Tampa, for Defendants.
ORDER ON DEFENDANT’S MOTION FORPROTECTIVE ORDER/MOTION TO QUASH
THIS CAUSE having come to be heard on December 16, 2014 upon the Defendant’s “Motion for Protective Order/Motion to Quash,” filed on October 30, 2014, and the Court having reviewed the file, having heard arguments from counsel, and being otherwise fully advised in the premises, this Court finds as follows:
1) This is an action for allegedly overdue/unpaid Personal Injury Protection (“PIP”) benefits arising from an automobile accident occurring on or about January 22, 2008.
2) There have been no depositions taken of either party to date. The Plaintiff seeks to conduct the depositions of the following eight (8) State Farm employees: Anthony Diaz as adjuster who responded to demand letter; Michael McGarvey as adjuster who responded to demand letter; Kellie Marone as adjuster who responded to demand letter; Zoe R. Whitfield as adjuster who responded to demand letter; Justin Moore as claims handler at the time this claim was filed; Tina White as person who responded to Plaintiff’s first interrogatories; Debbie Fuller, liaison to Mitchell International, LLC; Mr. Dan Merrigan, Section Manager; and Mr. Jeff Mercado, Demands Recipient.
3) The Defendant’s Motion for Protective Order is GRANTED pertaining to the depositions of Debbie Fuller, Dan Merrigan, and Jeff Mercado. The Defendant has produced properly sworn and notarized affidavits indicating that these three individuals have no personal knowledge of the facts of this case. As such, the Plaintiff is not entitled to depose these individuals as fact witnesses in this matter.
4) The Defendant’s Motion for Protective Order is hereby DENIED pertaining to the remaining individuals listed on the Plaintiff’s Notice of Taking Depositions.
5) The Defendant shall provide dates of availability for the individuals referenced in Paragraph 5, supra, within thirty (30) days of the date of this order, and these depositions shall all occur within one-hundred and eighty (180) days of the date of this order.
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