23 Fla. L. Weekly Supp. 769c
Online Reference: FLWSUPP 2307SHUPInsurance — Discovery — Documents — Non-party — Discovery limited to documents regarding insured’s claim and documents reviewed and prepared by non-party in making emergency medical condition determination
NICOLE SHUPE, an insured individual by and through her assignee, JAIRO D. LIBREROS-CUPIDO MD, PA, Plaintiff, v. USAA GENERAL INDEMNITY COMPANY, a foreign corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 13-CC-027377, Division I. November 5, 2015. Honorable Joelle A. Ober, Judge. Counsel: Philip Alan Friedman, Friedman Law Associates, P.L. d/b/a FL Legal Group, Tampa, for Plaintiff. Randall A. Wainoris, Dutton Law Group, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S OBJECTION ANDMOTION FOR PROTECTIVE ORDER AS TO PLAINTIFF’SNOTICE OF PRODUCTION FROM NON PARTY
THIS CAUSE having come before this Honorable Court on the morning of October 27, 2015, on Defendant’s objection and Motion for Protective Order as to Plaintiff’s Notice of Production from Non Party for records from Auto Injury Solutions, Inc (“AIS”); present for the Plaintiff, Philip A. Friedman; present for the Defendant, Randall A. Wainoris; and this Court having heard argument of counsel hereby ORDERS AND ADJUDICATES as follows:
1. Defendant’s motion is GRANTED IN PART and DENIED IN PART.
2. The proposed Subpoena Duces Tecum Without Deposition shall not be served on “AIS” as stated in the notice.
3. The Plaintiff is allowed to issue a subpoena which is amended to include ONLY THE FOLLOWING:
a.) All documents regarding claimant Nicole Amanda Shupe under claim number 027854755-002-000.
b.) Any and all documents obtained and reviewed by “AIS” as well as documents prepared in review of Plaintiff’s bills in making the Emergency Medical Condition (“EMC”) determination.
