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OBJECTIVE DIAGNOSTICS, INC., (As Assignee of Minh Nguyen), Plaintiff, vs. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant.

8 Fla. L. Weekly Supp. 453b

Insurance — Civil procedure — Discovery — Sanctions — Plaintiff’s motion for sanctions denied, but substance of motion will be reconsidered in determining attorney’s fees and costs if plaintiff prevails in its claim — Motion to compel production granted — Motion to compel production of documents already provided denied — Motion to compel better answers to interrogatories denied in part — Defendant insurance company ordered to list every individual, corporation, or other entity who has obtained services of doctors on its behalf to perform independent medical examinations in the last twelve months in two counties

OBJECTIVE DIAGNOSTICS, INC., (As Assignee of Minh Nguyen), Plaintiff, vs. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 99-00761 SC. April 12, 2001. Walter Fullerton, Judge. Counsel: Robert Adams, for Defendant. William C. Rocker, Timothy A. Patrick, P.A., Tampa, for Plaintiff.

ORDER ON PLAINTIFF’S MOTION FOR SANCTIONS AND PLAINTIFF’S MOTION TO COMPEL

THIS CAUSE having come before the Court on December 7, 2000, on Plaintiff’s Motion for Sanctions and Plaintiff’s Motion to Compel, both parties appearing through counsel and the Court having heard argument of counsels, it is hereby:

ORDERED and ADJUDGED that:

1. Plaintiff’s Motion for Sanctions is DENIED. However, if Plaintiff prevails in its claim, the substance of Plaintiff’s Motion for Sanctions shall be reconsidered by the Court in determining attorney’s fees and costs.

2. As to Plaintiff’s Motion to Compel production of Plaintiff’s Request to Produce number one (1), the motion is GRANTED.

3. As to Plaintiff’s Motion to Compel production of Plaintiff’s Request to Produce numbers two (2) and (3), the motion is DENIED in that Defendant has provided these documents.

4. As to Plaintiff’s Motion to Compel better answers to Plaintiff’s Interrogatories, the motion is DENIED as to interrogatory numbers seven (7), eight (8), nine (9), eleven (11), fourteen (14), fifteen (15) and eighteen (18).

5. As to Plaintiff’s Motion to Compel better answers to Plaintiff’s Interrogatories, the motion is GRANTED as to interrogatory number ten (10). Defendant shall list every individual, corporation or other entity who has obtained the services of doctors on its behalf to perform “Independent Medical Examinations” at any time within the last twelve (12) months for the counties of Pinellas and Hillsborough in the State of Florida.

6. Defendant shall have twenty (20) days from the date of entry of this order to comply with paragraphs two (2) and five (5).

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