19 Fla. L. Weekly Supp. 287a
Online Reference: FLWSUPP 1904LAPOInsurance — Discovery — Depositions — Sequence
UNITED HEALTH & REHAB ASSOCIATES OF FLORIDA, INC. A/A/O KELY LAPOMMERAY, Plaintiff, v. ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2011-CC-4674-O, Division 73. September 12, 2011. Honorable Heather L. Higbee, Judge. Counsel: Randall B. Bishop, Anthony-Smith Law, Orlando, for Plaintiff. Donald J. Masten, Lyerly, Peterson, & Denbo, LLC, Orlando, for Defendant.
ORDER ON PLAINTIFF’S AND DEFENDANT’S MOTIONSTO DETERMINE SEQUENCE OF DEPOSITIONS
THIS CAUSE came on August 24, 2011 before the Honorable Heather L. Higbee on Plaintiff’s and Defendant’s Motions to Determine Sequence of Depositions. This case is one of four (4) companion cases initiated by Plaintiff, United Health & Rehab Associates of Florida, Inc., that involve the same claim; the same date of loss, and the same motor vehicle accident. The other three cases are (a) United Health & Rehab Associates of Florida, Inc. a/a/o Edeuse Guerrier v. Allstate, Case No. 11-CC-4305-O; (b) United Health & Rehab Associates of Florida, Inc. a/a/o Alfredo Guerrier v. Allstate, Case No. 11-CC-4298-O; and (c) United Health & Rehab Associates of Florida, Inc. a/a/o Claude Cherubin v. Allstate, Case No. 11-CC-4409-O. The four companion cases have been consolidated for discovery purposes.
The Court, having heard arguments of counsel, reviewed the court file, and being otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that
1. Depositions shall proceed in the following order:
a. Plaintiff shall be permitted to conduct its deposition of ALLSTATE’s Corporate Representative. The deposition shall not exceed four (4) hours.
b. Defendant shall then be permitted to conduct its depositions of Robert Cohen, Marion Buckingham (who Defendant claims signed the CMS 1500 forms at issue in this case), and Roy Carlson. The Cohen deposition shall not exceed five (5) hours, the Buckingham deposition shall not exceed five (5) hours, and the Carlson deposition shall not exceed six (6) hours.
c. Plaintiff shall then be permitted to conduct its deposition of William Weeks. The deposition shall not exceed four (4) hours.
d. Defendant shall then be permitted to conduct its deposition of Plaintiff’s billing custodian and its deposition of a representative of Equitable Billing regarding Plaintiff’s billing. The deposition of Plaintiff’s billing custodian shall not exceed three (3) hours, and the deposition of the representative of Equitable Billing shall not exceed four (4) hours.
2. The parties shall use best efforts to coordinate the taking of depositions.
3. If the parties cannot schedule the depositions before the end of 2011, the court shall hold a hearing and schedule the depositions.
4. Objections to depositions duces tecum shall be timely filed and shall be given priority on the court calendar.
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