18 Fla. L. Weekly Supp. 84a
Online Reference: FLWSUPP 1801MPAUInsurance — Personal injury protection — Discovery — Depositions of nonparties — Discovery related to ownership and control of medical provider and validity of registration exemption issued by Agency for Healthcare Administration is overbroad and irrelevant — Discovery as to nonparties who previously owned provider and currently provide management services to provider is limited to specific billing and treatment issues related to insured
TAMPA CHIROPRACTIC CENTER, INC., (a/a/o Paurice, Marie), Plaintiff, vs. ALLSTATE INDEMNITY COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 09-CC-19253, Division 70. September 17, 2010. Honorable John Jordan, Judge. Counsel: Chad Barr, Eiffert & Associates, P.A., Orlando. Kimberly P. Simoes. Donald Masten.
ORDER ON MITCHELETE JULESSAINT, YVROSEJULESSAINT, WILLIAM PURCELL AND TAMPA AVEMANAGEMENT GROUP, CORP’S MOTIONS FORPROTECTIVE ORDER AND MOTION FOR ATTORNEYFEES AND PLAINTIFF’S MOTION FOR PROTECTIVEORDER AS TO THE SCOPE, DURATION AND DUCESTECUM OF NON-PARTY DR. WILLIAM PURCELL, D.C.AND MOTION FOR ATTORNEY FEES PURSUANTTO RULE 1.280(c) OF THE FLORIDA RULES OFCIVIL PROCEDURE
THIS CAUSE having come before the Court on August 26, 2010 on Plaintiff’s and Non-Parties’ Motions for Protective Order as to Michelet Julessaint, Yvrose Julessaint, Dr. William Purcell individually, Dr. William Purcell as billing and records custodian for Tampa Chiropractic Center, Inc. and Tampa Ave Management Group, Corp., and the Court, having heard argument of counsel, having reviewed the Amended Complaint and being otherwise fully advised of the premises, finds as follows:
The Plaintiff, Tampa Chiropractic Center, Inc., as assignee of Marie Paurice, filed this Personal Injury Property litigation against the Defendant, Allstate Indemnity Company. It is alleged Marie Paurice was injured in a motor vehicle accident on September 16, 2008 and the Defendant failed to pay benefits pursuant to the policy and Florida law.
Tampa Chiropractic Center, Inc. is owned by William Purcell, D.C. Said entity was issued an exemption certificate from the registration requirements of F.S. §400.900. This certificate of exemption was issued by the Agency for Healthcare Administration and was in effect during all relevant times.
The Defendant has sought discovery from Dr. William Purcell, Tampa Ave Management, Michelete Julssaint and Yurose Julsaaint, non-parties to the litigation. Tampa Chiropractic Center, Inc. was previously owned by Michelete Julssaint until December 19, 2007, when William Purcell, D.C. purchased the medical facility. Tampa Ave Management Group provides management services to Tampa Chiropractic Center, Inc. and is owned by Michelete Julessaint and Yurose Julssaint.
The Defendant has provided Notices of Deposition Duces Tecum to the aforesaid non-parties apparently seeking information on the ownership and control of Tampa Chiropractic Center, Inc. and the relationship of the aforesaid non-parties to the Plaintiff.
Said non-parties have retained counsel and filed Motions for Protective Orders and Attorney Fees.
Court finds that Tampa Chiropractic Center, Inc. is a licensed facility subject to rules and regulations under Florida law. There is no private right of enforcement by insurance carriers under F.S. §400.900. See Murthy v. N. Sinha Corp., 644 So.2d 983 (Fla. 1994).
Court finds any discovery as to ownership of the Plaintiff, financial information or challenging the exemption issued by the Agency for Healthcare Administration is overboard and irrelevant. All discovery as to said non-parties, is limited to the specific billing and/or treatment issues related to Ms. Paurice. The Court limits the direct examination of each deposition to not exceed 90 minutes without further Order of this Court.
ORDERED and ADJUDGED that the Motions for Protective Orders are hereby Granted in Part. The Motions for Attorney Fees are Denied.
