Preview
Filing # 127178432 E-Filed 05/20/2021 09:47:11 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH CIRCUIT COURT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
PRESGAR IMAGING OF CMI
NORTH, LC, and BEACHES OPEN
MRI OF TAMARAC, LLC, as CONSOLIDATED
assignees, individually, and on behalf of
all similarly situated persons, Case Nos.: CACE-20-010138 (02)
CACE-20-013306 (48)
Plaintiffs, CACE-20-014759 (21)
CACE-20-014646 (14)
vs
LM GENERAL INSURANCE
COMPANY, et. al.,
Defendants.
AMENDED NOTICE OF TAKING VIDEOTAPED
DEPOSITION DUCES TECUM
(Sets a date/time certain for Deposition)
TO: ALL COUNSEL LISTED BELOW
PLEASE TAKE NOTICE that the Plaintiffs, by and through the
undersigned attorneys pursuant to the Florida Rules of Civil Procedure 1.130 will
take the videotaped deposition(s) of the Corporate Representative(s) of
Defendants. Defendants shall designate the corporate representative(s) with the
most knowledge concerning the subject matter of the above-styled action,
including, without limitation, all issues and topics listed in Exhibit A attached
hereto. The Deponent is requested to produce the documents identified in
Exhibit B:
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/20/2021 09:47:10 AM.*###*
DEPONENT DATE/TIME LOCATION
Corporate Representative(s) July 22, 2021 Deponent to appear
of the Consolidated via Zoom at the offices of:
Defendants 10:00a.m. Akerman LLP
98 Southeast Seventh St.
TO BE PRODUCED Suite 1100
Miami, FL 33131
VIA ZOOM
(Zoom Link to be provided by Clark
& Martino, P.A.)
or as soon thereafter as counsel may be heard, before Richard Lee Reporting, 100
N. Tampa Street, Suite 2845, Tampa, FL 33602 and shall be digitally recorded
(videotaped) before their duly designated representatives, who are not of counsel
to the parties or interested in the event of the cause for the purpose of discovery,
for use at trial, or for such purposes as are permitted under the Florida Rules of
Civil Procedure and the Florida Statutes, and you are hereby notified of such
proceeding and will govern yourself accordingly.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on May 20, 2021 a true and correct copy of
the foregoing has been electronically filed and served via the Florida E-Portal on:
Gary J. Guzzi, Esq. and Antonio Morin (Email: gary.guzzi@akerman.com,
antonio.morin@akerman.com; maria.revoredo@akerman.com), Akerman LLP,
98 Southeast 7th Street, Suite 1100, Miami, FL 33131.
Thomas J. Wenzel (FBN 104117)
Cle
J. Daniel Clark (FBN 106471)
STEINGER, GREENE & FEINER CLARK & MARTINO, P.A.
2727 NW 62"4 Street 3407 W. Kennedy Boulevard
Fort Lauderdale, FL 33309 Tampa, FL 33609
Telephone: 954-491-7701 Telephone: 813-879-0700
Fax: 954-634-8312 Primary: dclark@clarkmartino.com
Email: pleadings@injurylawyers.com Secondary: rsmith@clarkmartino.com
Chad Barr (FBN 55365) David M. Caldevilla (FBN 654248)
CHAD BARR LAW de la PARTE & GILBERT, P.A.
238 N. Westmonte Dr., Suite 200 Post Office Box 2350
Altamonte Springs, FL 32714 Tampa, FL 33601-2350
Telephone: 417-599-9036 Telephone: 813-229-2775
Primary: service@chardbarrlaw.com Primary: dcaldevilla@dgfirm.com
Secondary: chad@chadbarrlaw.com Secondary: serviceclerk@dgfirm.com
Kimberly P. Simoes (FBN 109479)
THE SIMOES LAW GROUP, P.A.
351 E. New York Ave.
Deland, FL 32724 COUNSEL FOR PLAINTIFF
Telephone: 386-320-7967
Primary: kimberly@simoeslaw.com
Secondary: service@simoeslaw.com
EXHIBIT “A”
The identification and determination of the membership for the defined
“Class” and “Pre-Suit Notice Sub-Class” as alleged in the Plaintiffs’ Class
Action Complaints filed in the above styled consolidated cases.
The common issues of law or fact regarding the subject matter of this
lawsuit, as alleged in the operative complaints.
f
The membershi for the defined “Class” and “Pre-Suit Notice Sub-Class”
alleged in the P aintiffs Class Action Complaints filed in the above styled
consolidated cases.
The total number of magnetic resonance imaging (“MRI”) providers in the
State of Florida, who through an assignment of benefits from an insured o:
the Defendants, were not paid the full amount due based on Defendants’
contention that the insured patient’s Personal Inju
benefits for medical expenses were exhausted at
affording up to $12,500 of coverage,
‘3
Protection (“PIP”)
0,000, instead of
and for each MRI provider, the
following:
1 the name and address of each MRI provider; and
U1. the name and address of each MRI provider who sent a pre-
suit notice letter pursuant to Section 627.736(10), Fla. Stat., to
the Defendants.
The provisions of the Defendants’ insurance policy governing PIP coverage.
Defendants’ process for handling PIP claims in Florida, and for identifying
the exhaustion of PIP benefits.
Any documents referenced and identified in Exhibit B attached hereto.
EXHIBIT “B”
The ori; Pt inal or legible copy of the customer/insured file for each “Insured
Patient” identifie in Plaintiffs’ Class Action Complaints filed in the above
styled consolidated cases, including, without limitation, all insurance
policies, PIP payout sheets, including a current log of all payments, and
other documents maintained by the Defendants for the “Insured Patient.”
All summaries, statistical reports, data compilations, reports, documents
or otherwise that identify the following:
a. the membership for the defined “Class” and “Pre-Suit Notice Sub-
Class” as alleged in the Plaintiffs Class Action Complaints filed in
the above styled consolidated cases;
the total number of MRI providers in the State of Florida, who
through an assignment of benefits from an insured of the
Defendants, were not paid the full amount due based on Defendants’
contention that the insured patient’s PIP benefits for medical
expenses were exhausted at $10,000, instead of affording up to
$12,500 of coverage, and for each MRI Provider, the following:
1 the name and address of each MRI provider; and
ii. the name and address of each MRI provider who sent pre-suit
notice letters pursuant to Section 627.736(10), Fla. Stat., to the
Defendant.
hh
Copies of any class action com) laints filed within the last five (5) years,
other than this one, in which t! e Defendants and/or their parent and/or
subsidiary companies are named as parties.
Copies of any complaints filed in the last five
or similar allegations as set forth in Plaintiffs’
in the above styled consolidated cases.
df ass Action
) years involvin
i the same
Com) p. aints filed
All pre-suit demand letters from putative class members concerning PIP
claims for which Defendants contend PIP benefits are exhausted.
All other documents relied on b the Defendants in responding to
Plaintiff's discovery requests served in this action.
All documents that support any of the Defendants’ other defenses to the
Plaintiffs’ complaints.
All documents that contain an explanation of the accounting codes or any
other documents needed to understand abbreviations or codes contained
in the documents and things produced in response to this request for
documents.
A "privilege log" setting forth all information required by Florida Rule of
Civil Procedure 1.280(b)(5) concerning any and all documents, materials,
and/or items requested above to which Defendants object to or deny
production.
Preview
Filing # 127178432 E-Filed 05/20/2021 09:47:11 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH CIRCUIT COURT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION PRESGAR IMAGING OF CMI NORTH, LC, and BEACHES OPEN MRI OF TAMARAC, LLC, as CONSOLIDATED assignees, individually, and on behalf of all similarly situated persons, Case Nos.: CACE-20-010138 (02) CACE-20-013306 (48) Plaintiffs, CACE-20-014759 (21) CACE-20-014646 (14) vs LM GENERAL INSURANCE COMPANY, et. al., Defendants. AMENDED NOTICE OF TAKING VIDEOTAPED DEPOSITION DUCES TECUM (Sets a date/time certain for Deposition) TO: ALL COUNSEL LISTED BELOW PLEASE TAKE NOTICE that the Plaintiffs, by and through the undersigned attorneys pursuant to the Florida Rules of Civil Procedure 1.130 will take the videotaped deposition(s) of the Corporate Representative(s) of Defendants. Defendants shall designate the corporate representative(s) with the most knowledge concerning the subject matter of the above-styled action, including, without limitation, all issues and topics listed in Exhibit A attached hereto. The Deponent is requested to produce the documents identified in Exhibit B: #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/20/2021 09:47:10 AM.*###* DEPONENT DATE/TIME LOCATION Corporate Representative(s) July 22, 2021 Deponent to appear of the Consolidated via Zoom at the offices of: Defendants 10:00a.m. Akerman LLP 98 Southeast Seventh St. TO BE PRODUCED Suite 1100 Miami, FL 33131 VIA ZOOM (Zoom Link to be provided by Clark & Martino, P.A.) or as soon thereafter as counsel may be heard, before Richard Lee Reporting, 100 N. Tampa Street, Suite 2845, Tampa, FL 33602 and shall be digitally recorded (videotaped) before their duly designated representatives, who are not of counsel to the parties or interested in the event of the cause for the purpose of discovery, for use at trial, or for such purposes as are permitted under the Florida Rules of Civil Procedure and the Florida Statutes, and you are hereby notified of such proceeding and will govern yourself accordingly. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 20, 2021 a true and correct copy of the foregoing has been electronically filed and served via the Florida E-Portal on: Gary J. Guzzi, Esq. and Antonio Morin (Email: gary.guzzi@akerman.com, antonio.morin@akerman.com; maria.revoredo@akerman.com), Akerman LLP, 98 Southeast 7th Street, Suite 1100, Miami, FL 33131. Thomas J. Wenzel (FBN 104117) Cle J. Daniel Clark (FBN 106471) STEINGER, GREENE & FEINER CLARK & MARTINO, P.A. 2727 NW 62"4 Street 3407 W. Kennedy Boulevard Fort Lauderdale, FL 33309 Tampa, FL 33609 Telephone: 954-491-7701 Telephone: 813-879-0700 Fax: 954-634-8312 Primary: dclark@clarkmartino.com Email: pleadings@injurylawyers.com Secondary: rsmith@clarkmartino.com Chad Barr (FBN 55365) David M. Caldevilla (FBN 654248) CHAD BARR LAW de la PARTE & GILBERT, P.A. 238 N. Westmonte Dr., Suite 200 Post Office Box 2350 Altamonte Springs, FL 32714 Tampa, FL 33601-2350 Telephone: 417-599-9036 Telephone: 813-229-2775 Primary: service@chardbarrlaw.com Primary: dcaldevilla@dgfirm.com Secondary: chad@chadbarrlaw.com Secondary: serviceclerk@dgfirm.com Kimberly P. Simoes (FBN 109479) THE SIMOES LAW GROUP, P.A. 351 E. New York Ave. Deland, FL 32724 COUNSEL FOR PLAINTIFF Telephone: 386-320-7967 Primary: kimberly@simoeslaw.com Secondary: service@simoeslaw.com EXHIBIT “A” The identification and determination of the membership for the defined “Class” and “Pre-Suit Notice Sub-Class” as alleged in the Plaintiffs’ Class Action Complaints filed in the above styled consolidated cases. The common issues of law or fact regarding the subject matter of this lawsuit, as alleged in the operative complaints. f The membershi for the defined “Class” and “Pre-Suit Notice Sub-Class” alleged in the P aintiffs Class Action Complaints filed in the above styled consolidated cases. The total number of magnetic resonance imaging (“MRI”) providers in the State of Florida, who through an assignment of benefits from an insured o: the Defendants, were not paid the full amount due based on Defendants’ contention that the insured patient’s Personal Inju benefits for medical expenses were exhausted at affording up to $12,500 of coverage, ‘3 Protection (“PIP”) 0,000, instead of and for each MRI provider, the following: 1 the name and address of each MRI provider; and U1. the name and address of each MRI provider who sent a pre- suit notice letter pursuant to Section 627.736(10), Fla. Stat., to the Defendants. The provisions of the Defendants’ insurance policy governing PIP coverage. Defendants’ process for handling PIP claims in Florida, and for identifying the exhaustion of PIP benefits. Any documents referenced and identified in Exhibit B attached hereto. EXHIBIT “B” The ori; Pt inal or legible copy of the customer/insured file for each “Insured Patient” identifie in Plaintiffs’ Class Action Complaints filed in the above styled consolidated cases, including, without limitation, all insurance policies, PIP payout sheets, including a current log of all payments, and other documents maintained by the Defendants for the “Insured Patient.” All summaries, statistical reports, data compilations, reports, documents or otherwise that identify the following: a. the membership for the defined “Class” and “Pre-Suit Notice Sub- Class” as alleged in the Plaintiffs Class Action Complaints filed in the above styled consolidated cases; the total number of MRI providers in the State of Florida, who through an assignment of benefits from an insured of the Defendants, were not paid the full amount due based on Defendants’ contention that the insured patient’s PIP benefits for medical expenses were exhausted at $10,000, instead of affording up to $12,500 of coverage, and for each MRI Provider, the following: 1 the name and address of each MRI provider; and ii. the name and address of each MRI provider who sent pre-suit notice letters pursuant to Section 627.736(10), Fla. Stat., to the Defendant. hh Copies of any class action com) laints filed within the last five (5) years, other than this one, in which t! e Defendants and/or their parent and/or subsidiary companies are named as parties. Copies of any complaints filed in the last five or similar allegations as set forth in Plaintiffs’ in the above styled consolidated cases. df ass Action ) years involvin i the same Com) p. aints filed All pre-suit demand letters from putative class members concerning PIP claims for which Defendants contend PIP benefits are exhausted. All other documents relied on b the Defendants in responding to Plaintiff's discovery requests served in this action. All documents that support any of the Defendants’ other defenses to the Plaintiffs’ complaints. All documents that contain an explanation of the accounting codes or any other documents needed to understand abbreviations or codes contained in the documents and things produced in response to this request for documents. A "privilege log" setting forth all information required by Florida Rule of Civil Procedure 1.280(b)(5) concerning any and all documents, materials, and/or items requested above to which Defendants object to or deny production.