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Filing # 125729311 E-Filed 04/28/2021 08:25:22 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.
NOTICE OF TAKING VIDEOTAPED
DEPOSITION DUCES TECUM
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 04/28/2021 08:25:22 AM.****
DEPONENT DATE/TIME LOCATION
Corporate Representative(s) Tobe Deponent to appear
of the Consolidated determined via Zoom at the offices of:
Defendants 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 a true and correct copy of the foregoing has
been electronically filed with the Clerk of the Court, and electronically served on
Gary J. Guzzi, Esq. and Antonio Morin (Email: gary.guzzi@akerman.com,
antonio.morin@akerman.com, and maria.revoredo@akerman.com), Akerman
LLP, 98 Southeast 7th Street, Suite 1100, Miami, FL 33131, on this 28th day of
April, 2021.
Voll
Thomas J. Wenzel (FBN 104117) 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 handing PIP claims in Florida, and for identifying
the exhaustion of PIP benefits.
Any documents referenced and identified in Exhibit B attached hereto.
EXHIBIT “B”
a
The ori; F inal or le ible 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.
fh
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.
di ) ssyears
a Action Com} p.i aints filed
involvin the same
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 Defendant objects or denies
production.