26 Fla. L. Weekly Supp. 848d
Online Reference: FLWSUPP 2610EMJNInsurance — Discovery — Depositions — Insured’s treating physician is not entitled to expert witness fee for deposition testimony
EMJN, LLC a/a/o Mary Ho, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 16-CC-009341 (l). November 14, 2018. Joelle Ann Ober, Judge.
ORDER GRANTING DEFENDANT’S MOTIONTO COMPEL THE DEPOSITION OF PLAINTIFF’S TREATINGPHYSICIAN AND BILLING REPRESENTATIVE AND ORDERDENYING PLAINTIFF’S MOTION FOR PROTECTIVE ORDERAND MOTION TO DETERMINE EXPERT FEES
THIS CAUSE having come before the Court on Defendant’s Motion To Compel the Deposition of Plaintiff’s Treating Physician and Billing Representative and Plaintiff’s Motion for Protective Order and Motion to Determine Expert Fees, and the Court having heard argument of counsel on October 17, 2018, and being otherwise advised in the Premises, it is hereupon:
ORDERED AND ADJUDGED that Defendant’s Motion to Compel the Deposition of Plaintiff’s Treating Physician is GRANTED. Defendant’s Motion to Compel the Deposition of Plaintiff’s Billing Representative is GRANTED. Plaintiff’s Motion for Protective Order is DENIED. Plaintiff’s Motion to Determine Expert Fees is DENIED. Pursuant to Gutierrez v. Vargas, 239 So. 3d 615 (Fla. 2018) [43 Fla. L. Weekly S143b], Plaintiff’s treating physician is not entitled to an expert witness fee.
Unless otherwise agreed to by the Parties, the aforementioned depositions shall be coordinated within 30 days, to occur within 120 days from the date of this hearing.
