25 Fla. L. Weekly Supp. 909a
Online Reference: FLWSUPP 2510YROSInsurance — Personal injury protection — Coverage — Medical expenses — Discovery — Enforcement of court orders — Usual and customary charges in community for particular CPT Code procedures sustained — Striking of witnesses in the event insurer fails to produce Geo-Zip report as requested
RONALD J. TRAPANA, M.D., P.A., (a/a/o Aime, Yvrose), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 13-022460 COCE 52. December, 14, 2017. Giuseppina Miranda, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff. Russell S. Kolodziej, for Defendant.
OMNIBUS ORDER
THIS CAUSE came before the Court on December 13, 2017 upon the following motions filed by the Plaintiff, Ronald J. Trapana, M.D., P.A. (a/a/o Aime, Yvrose): (1) Plaintiff’s Motion to Enforce the Court’s October 13, 2017 Order and Request for an Award of Sanctions; (2) Plaintiff’s Motion to Overrule Defendant’s Objections to Plaintiff’s Request for Production re Reasonableness; (3) Plaintiff’s Motion to Strike Adjuster as Witness on Reasonableness; and (4) Plaintiff’s Motion to Waive Defendant‘s Untimely Objections and Compel Responsive Documents to Plaintiff’s Supplemental Request to Produce (Re: Experts) and Request for an Award of Sanctions.
Having considered the motions, having heard argument of counsel and being otherwise fully advised, it is ORDERED, as follows:
1. Plaintiff’s Motion to Enforce the Court’s October 13, 2017 Order and Request for an Award of Sanctions is GRANTED. Defendant shall serve sworn answers to interrogatory nos. 6, 8, 15 and 20 of Plaintiff’s First Set of Interrogatories no later than 10 days from the date of the hearing. Defendant shall not be permitted to lodge any objections. As a result of the Defendant’s failure to comply with the October 13, 2017 Order, the Court GRANTS Plaintiff’s request for sanctions. Defendant shall issue a check in the amount of $350 payable to Florida Advocates, P.A. no later than 10 days from the date of the hearing.
2. Plaintiff’s Motion to Overrule Defendant’s Objections to Plaintiff’s Request for Production re: Reasonableness is DENIED and Defendant’s objections are SUSTAINED, in part, based upon the Affidavit of Claims Supervisor Ryan Peeples, which addresses the burden of complying with the request for production of documents concerning the usual and customary charges in the community for performing CPT Code procedures 99204 and 76140. However, in the event that Defendant fails to produce a Geo-Zip report as requested, Defendant shall be precluded from introducing trial testimony (either from the Adjuster, Monica Johnson, or from the Expert Witness, Dr. Millheiser) as to usual and customary charges in the community for performing CPT Code procedures 99204 and 76140.
3. Plaintiff’s Motion to Strike Adjuster as Witness on Reasonableness is GRANTED, in part. As set forth in the preceding paragraph, in the event that Defendant fails to produce a Geo-Zip Report reflecting the information requested in Plaintiff’s Request for Production re: Reasonableness, including, inter alia, the amounts billed by other medical providers in the community for the 99204 and 76140 procedures performed in this case (i.e., the usual and customary charges in the community for these procedures), the adjuster will not be permitted to testify as to usual and customary charges in the community. Additionally, restrictions on the adjuster’s ability to testify may be raised in a motion in limine.
4. Plaintiff’s Motion to Waive Defendant’s Untimely Objections and Compel Documents Responsive to Plaintiff’s Supplemental Request to Produce (Re: Experts) is DENIED, without prejudice to Plaintiff’s ability to address objections to request nos. 6, 7 and 11 of the Supplemental Request to Produce at a later hearing. The Court defers ruling on Plaintiff’s Request for an Award of Sanctions.
