26 Fla. L. Weekly Supp. 861a
Online Reference: FLWSUPP 2610AGOLInsurance — Personal injury protection — Discovery — Depositions — Medical provider is prohibited from making inquiries during deposition of insurer’s corporate representative that would require deponent to provide medical opinions, interpret law or policy, or testify as to claims-handling practices and procedures — Provider is required to cooperate in scheduling hearing on motion for summary judgment
FLORIDA HOSPITAL MEDICAL CENTER a/a/o Aaron Goldwasser, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 2015-SC-1855. November 15, 2018. Debra L. Krause, Judge. Counsel: Benjamin W. Loving, Bradford Cederberg, P.A., Orlando, for Plaintiff. Kimberly A. Sandefer, Dutton Law Group, P.A., Tampa, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FORPROTECTIVE ORDER & DEFENDANT’S MOTIONTO CONVENE CASE MANAGEMENT CONFERENCE
This cause came on before the Court on November 13, 2018 for hearing on Defendant’s Motion for Protective Order as to Plaintiff’s Notice of Taking Deposition Duces Tecum of Defendant’s Corporate Representative Pursuant to F.R.C.P. 1.310(b)(6) and Defendant’s Motion to Convene Case Management Conference & Defendant’s Motion to Compel Cooperation in Coordinating Hearing on Defendant’s Motion for Summary Judgment & Defendant’s Motion for Sanctions Pursuant to F.S. 57.105. Counsel for Plaintiff appeared in person and counsel for Defendant appeared telephonically. After hearing heard arguments of counsel, and after having been fully advised in the premises, it is thereupon,
ORDERED AND ADJUDGED that:
1. Defendant’s Motion for Protective Order as to Plaintiff’s Notice of Taking Deposition Duces Tecum of Defendant’s Corporate Representative Pursuant to F.R.C.P. 1.310(b)(6), is hereby GRANTED in part. Plaintiff is prohibited from making inquiries of Defendant’s representative that would require the representative to provide medical opinions, interpret applicable law, interpret the insurance policy at issue or provide any testimony as to the general business practices and procedures as to claims handling of Defendant in the adjustment of claims.
2. Defendant’s Motion to Convene Case Management Conference & Defendant’s Motion to Compel Cooperation in Coordinating Hearing on Defendant’s Motion for Summary Judgment & Defendant’s Motion for Sanctions Pursuant to F.S. 57.105 is hereby GRANTED. The parties are hereby ordered to:
a. Coordinate the deposition of Defendant’s representative within 45 days from the date of entry of this order, with the deposition to occur within 90 days of the date of entry of this order; and,
b. Schedule Defendant’s Motion for Summary Judgment and Memorandum of Law regarding Emergency Medical Condition, Failure to Respond to Request for Information, Premature Demand Letter and Defendant’s Motion for Sanctions pursuant to Florida Statute § 57.105 for hearing to occur within 180 days of entry of this order.
