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Filing # 11022839 Electronically Filed 03/06/2014 11:06:52 AM
IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA
SYNERGY CHIROPRACTIC &
WELLNESS CENTER, INC. aao ELODIE
LINDOR,
Plaintiff, CASE NO.: 12-22781COCE 53
Vv.
ALLSTATE PROPERTY & CASUALTY
INSURANCE COMPANY ,
Defendant.
/
Plaintiff's Request to Produce With Respect to Reasonableness of Charges Defense
Plaintiff, pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby request
the Defendant, to produce the items and matters hereinafter set forth.
YOUR ATTENTION IS INVITED TO THE REQUIREMENTS OF
RULE 1.350(b) WHEREIN THE PARTY TO WHOM THIS REQUEST
IS DIRECTED IS REQUIRED TO SERVE A WRITTEN RESPONSE
HERETO WITHIN THIRTY (30) DAYS AFTER THE SERVICE
HEREOF SUBJECT TO THE ALLOWANCE OF A SHORTER OR
LONGER TIME BY THE COURT.
IT IS REQUESTED THAT ALL COPIES OR ITEMS PRODUCED BE AT
LEAST FULL SIZE (8 1/2 X 11 OR 8 1/2 X 14) AND LEGIBLE.
(1) The term "document" is intended to be comprehensive and to include, without
limitation, all original writings of any nature whatsoever, copies and drafts which, by
reason of notes, changes, initials, or identification marks are not identical to the original,
and all non-identical original copies thereof. In all cases where original or non-original
copies are not available, "document" also means identical copies of original documents
and copies of non-identical copies.
The term "document" includes, but is not limited to, correspondence, memoranda,
contracts, leases, agreements, invoices, credit memoranda, credit files, records, data
sheets, purchase orders, tabulations, reports, bills of lading, evaluations, work papers,
summaries, opinions, journals, statistical records, sales reports, financial reports, checks,
notes, transcriptions, telegrams, teletypes, telex messages, telefaxes, recordings of
telephone calls, and other communications, including but not limited to notes, notations,
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 3/6/2014 11:06:50 AM.****CASE NO.: 12-22781COCE 53
memoranda, and other writings of or relating to telephone conversations and conferences,
minutes and notes of transcriptions of all meetings and other communications of any
type, microfiche, microfilms, tapes or other records, logs and any other information
which is stored or carried electronically, by means of computer equipment or otherwise,
and which can be retrieved in printed, graphic, or audio form.
(2) The term "relating to" includes referring to, embodying, in connection with,
commenting on, corresponding to, sharing, describing, concerning, analyzing, reflecting,
or constituting.
(3) Terms in the plural include the singular and terms in the singular include the
plural.
(4) A request that the party produce documents in the party's possession means that
the party must produce all documents in possession of the party, and all documents
belonging to the party in the possession of the party's representatives, agents, or
employees.
(5) If any document described in this request was but no longer is in your possession
or subject to your custody or control, or in existence, please state whether it is missing or
lost; whether it has been destroyed; whether it has been transferred, voluntarily or
involuntarily, to others; or whether it has been disposed of otherwise. In each instance
explain the circumstances surrounding such disposition and identify the person directing
or authorizing same, and the date thereof. Identify each such document by listing its
author, the author's address, type of document (e.g., letter, memorandum, telegram, chart,
or photograph), date, subject matter, present location and custodian, and state whether the
document (or copies) are still in existence.
(6) The terms “you" or "your" refer to defendants and counter plaintiffs or each of them,
their agents, employees, representatives and attorneys.
(7) The term "person" includes a corporation, partnership, other business association or
entity, a natural person, and any government or governmental body, commission, board
or agency.
(8) The term "communication" or "communications" means the act or fact of
communicating, whether by correspondence, telephone, meeting or any occasion of joint
or mutual presence, as well as the transfer of any document from one person to another.
The items and matters to be produced are as follows:
1. If Defendant denies that $350.00 is a reasonable charge for CPT Code 99203 in
Broward County during 2010, please produce all documentation, including copies of the
pertinent pages of any reimbursement manual, fee schedule, or fee guideline that
twoCASE NO.: 12-22781COCE 53
supports Defendant’s position that the reasonable fee for CPT Code 99203 is less than
$350.00.
. If Defendant denies $150.00 is a reasonable charge for CPT Code 72070 in Broward
County during 2010, please produce all documentation, including copies of the pertinent
pages of any reimbursement manual, fee schedule, or fee guideline that supports
Defendant's position that the reasonable fee for CPT Code 72070 is less than $150.00.
. If Defendant denies that $115.00 is a reasonable charge for CPT Code 72040 in
Broward County during 2010, please produce all documentation, including copies of the
pertinent pages of any reimbursement manual, fee schedule, or fee guideline that
supports Defendant’s position that the reasonable fee for CPT Code 72040 is less than
$115.00.
. If Defendant denies that $150.00 is a reasonable charge for CPT Code 72100 in
Broward County during 2010, please produce all documentation, including copies of the
pertinent pages of any reimbursement manual, fee schedule, or fee guideline that
supports Defendant’s position that the reasonable fee for CPT Code 72100 is less than
$150.00.
. If Defendant denies that $95.00 is a reasonable charge for CPT Code 98941 in Broward
County during 2010, please produce all documentation, including copies of the pertinent
pages of any reimbursement manual, fee schedule, or fee guideline that supportsCASE NO.: 12-22781COCE 53
Defendant's position that the reasonable fee for CPT Code 98941 is less than $95.00.
6. If Defendant denies that $50.00 is a reasonable charge for CPT Code 97010 in Broward
County during 2010, please produce all documentation, including copies of the pertinent
pages of any reimbursement manual, fee schedule, or fee guideline that supports
Defendant's position that the reasonable fee for CPT Code 97010 is less than $50.00.
7. If Defendant denies that $40.00 is a reasonable charge for CPT Code 97012 in Broward
County during 2010, please produce all documentation, including copies of the pertinent
pages of any reimbursement manual, fee schedule, or fee guideline that supports
Defendant’s position that the reasonable fee for CPT Code 97012 is less than $40.00.
8. If Defendant denies that $60.00 is a reasonable charge for CPT Code 97014 in Broward
County during 2010, please produce all documentation, including copies of the pertinent
pages of any reimbursement manual, fee schedule, or fee guideline that supports
Defendant’s position that the reasonable fee for CPT Code 97014 is less than $60.00.
9. If Defendant denies that $50.00 is a reasonable charge for CPT Code 97124 in Broward
County during 2010, please produce all documentation, including copies of the pertinent
pages of any reimbursement manual, fee schedule, or fee guideline that supports
Defendant’s position that the reasonable fee for CPT Code 97124 is less than $50.00.
10. If Defendant denies that $55.00 is a reasonable charge for CPT Code 97035 in Broward1h.
12,
13.
14.
CASE NO.: 12-22781COCE 53
County during 2010, please produce all documentation, including copies of the pertinent
pages of any reimbursement manual, fee schedule, or fee guideline that supports
Defendant’s position that the reasonable fee for CPT Code 97035 is less than $55.00.
If Defendant denies that $60.00 is a reasonable charge for CPT Code 97535 in Broward
County during 2010, please produce all documentation, including copies of the pertinent
pages of any reimbursement manual, fee schedule, or fee guideline that supports
Defendant’s position that the reasonable fee for CPT Code 97535 is less than $60.00
If Defendant denies that $70.00 is a reasonable charge for CPT Code 97110 in Broward
County during 2010, please produce all documentation, including copies of the pertinent
pages of any reimbursement manual, fee schedule, or fee guideline that supports
Defendant’s position that the reasonable fee for CPT Code 97110 is less than $70.00.
If Defendant denies that $750.00 is a reasonable charge for CPT Code L0627 in
Broward County during 2010, please produce all documentation, including copies of the
pertinent pages of any reimbursement manual, fee schedule, or fee guideline that
supports Defendant’s position that the reasonable fee for CPT Code L0627 is less than
$750.00.
If Defendant denies that $250.00 is a reasonable charge for CPT Code 99213 in
Broward County during 2010, please produce all documentation, including copies of the
pertinent pages of any reimbursement manual, fee schedule, or fee guideline thatCASE NO.: 12-22781COCE 53
supports Defendant’s position that the reasonable fee for CPT Code 99213 is less than
$250.00
CERTIFICATE OF SERVICE
| HEREBY CERTIFIY that a true and correct copy of the foregoing
Request for Production has been furnished by electronic mail this day of
Maren 2014 to Douglas G. Brehm, Esquire, SHUTTS & BOWEN LLP, 201 S.
Biscayne Boulevard Suite 1500 Miami, FL 33131 Dbrehm@Shutts.com,
Allstateservice@Shutts.com.
SOUTH FLORIDA TRIAL LAWYERS LLC
A Private Law Firm
5595 Orange Drive Suite 101
Davie, FL 33314
Telephone: (954) 888-9529
Facsimile: (954) 797-0344
Designated Email:
eservica@southfloridatriallawyers.com
EMI . STILLO
Florida Bar No.: 0158593
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Filing # 11022839 Electronically Filed 03/06/2014 11:06:52 AM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA SYNERGY CHIROPRACTIC & WELLNESS CENTER, INC. aao ELODIE LINDOR, Plaintiff, CASE NO.: 12-22781COCE 53 Vv. ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY , Defendant. / Plaintiff's Request to Produce With Respect to Reasonableness of Charges Defense Plaintiff, pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby request the Defendant, to produce the items and matters hereinafter set forth. YOUR ATTENTION IS INVITED TO THE REQUIREMENTS OF RULE 1.350(b) WHEREIN THE PARTY TO WHOM THIS REQUEST IS DIRECTED IS REQUIRED TO SERVE A WRITTEN RESPONSE HERETO WITHIN THIRTY (30) DAYS AFTER THE SERVICE HEREOF SUBJECT TO THE ALLOWANCE OF A SHORTER OR LONGER TIME BY THE COURT. IT IS REQUESTED THAT ALL COPIES OR ITEMS PRODUCED BE AT LEAST FULL SIZE (8 1/2 X 11 OR 8 1/2 X 14) AND LEGIBLE. (1) The term "document" is intended to be comprehensive and to include, without limitation, all original writings of any nature whatsoever, copies and drafts which, by reason of notes, changes, initials, or identification marks are not identical to the original, and all non-identical original copies thereof. In all cases where original or non-original copies are not available, "document" also means identical copies of original documents and copies of non-identical copies. The term "document" includes, but is not limited to, correspondence, memoranda, contracts, leases, agreements, invoices, credit memoranda, credit files, records, data sheets, purchase orders, tabulations, reports, bills of lading, evaluations, work papers, summaries, opinions, journals, statistical records, sales reports, financial reports, checks, notes, transcriptions, telegrams, teletypes, telex messages, telefaxes, recordings of telephone calls, and other communications, including but not limited to notes, notations, *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 3/6/2014 11:06:50 AM.****CASE NO.: 12-22781COCE 53 memoranda, and other writings of or relating to telephone conversations and conferences, minutes and notes of transcriptions of all meetings and other communications of any type, microfiche, microfilms, tapes or other records, logs and any other information which is stored or carried electronically, by means of computer equipment or otherwise, and which can be retrieved in printed, graphic, or audio form. (2) The term "relating to" includes referring to, embodying, in connection with, commenting on, corresponding to, sharing, describing, concerning, analyzing, reflecting, or constituting. (3) Terms in the plural include the singular and terms in the singular include the plural. (4) A request that the party produce documents in the party's possession means that the party must produce all documents in possession of the party, and all documents belonging to the party in the possession of the party's representatives, agents, or employees. (5) If any document described in this request was but no longer is in your possession or subject to your custody or control, or in existence, please state whether it is missing or lost; whether it has been destroyed; whether it has been transferred, voluntarily or involuntarily, to others; or whether it has been disposed of otherwise. In each instance explain the circumstances surrounding such disposition and identify the person directing or authorizing same, and the date thereof. Identify each such document by listing its author, the author's address, type of document (e.g., letter, memorandum, telegram, chart, or photograph), date, subject matter, present location and custodian, and state whether the document (or copies) are still in existence. (6) The terms “you" or "your" refer to defendants and counter plaintiffs or each of them, their agents, employees, representatives and attorneys. (7) The term "person" includes a corporation, partnership, other business association or entity, a natural person, and any government or governmental body, commission, board or agency. (8) The term "communication" or "communications" means the act or fact of communicating, whether by correspondence, telephone, meeting or any occasion of joint or mutual presence, as well as the transfer of any document from one person to another. The items and matters to be produced are as follows: 1. If Defendant denies that $350.00 is a reasonable charge for CPT Code 99203 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that twoCASE NO.: 12-22781COCE 53 supports Defendant’s position that the reasonable fee for CPT Code 99203 is less than $350.00. . If Defendant denies $150.00 is a reasonable charge for CPT Code 72070 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supports Defendant's position that the reasonable fee for CPT Code 72070 is less than $150.00. . If Defendant denies that $115.00 is a reasonable charge for CPT Code 72040 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supports Defendant’s position that the reasonable fee for CPT Code 72040 is less than $115.00. . If Defendant denies that $150.00 is a reasonable charge for CPT Code 72100 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supports Defendant’s position that the reasonable fee for CPT Code 72100 is less than $150.00. . If Defendant denies that $95.00 is a reasonable charge for CPT Code 98941 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supportsCASE NO.: 12-22781COCE 53 Defendant's position that the reasonable fee for CPT Code 98941 is less than $95.00. 6. If Defendant denies that $50.00 is a reasonable charge for CPT Code 97010 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supports Defendant's position that the reasonable fee for CPT Code 97010 is less than $50.00. 7. If Defendant denies that $40.00 is a reasonable charge for CPT Code 97012 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supports Defendant’s position that the reasonable fee for CPT Code 97012 is less than $40.00. 8. If Defendant denies that $60.00 is a reasonable charge for CPT Code 97014 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supports Defendant’s position that the reasonable fee for CPT Code 97014 is less than $60.00. 9. If Defendant denies that $50.00 is a reasonable charge for CPT Code 97124 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supports Defendant’s position that the reasonable fee for CPT Code 97124 is less than $50.00. 10. If Defendant denies that $55.00 is a reasonable charge for CPT Code 97035 in Broward1h. 12, 13. 14. CASE NO.: 12-22781COCE 53 County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supports Defendant’s position that the reasonable fee for CPT Code 97035 is less than $55.00. If Defendant denies that $60.00 is a reasonable charge for CPT Code 97535 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supports Defendant’s position that the reasonable fee for CPT Code 97535 is less than $60.00 If Defendant denies that $70.00 is a reasonable charge for CPT Code 97110 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supports Defendant’s position that the reasonable fee for CPT Code 97110 is less than $70.00. If Defendant denies that $750.00 is a reasonable charge for CPT Code L0627 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline that supports Defendant’s position that the reasonable fee for CPT Code L0627 is less than $750.00. If Defendant denies that $250.00 is a reasonable charge for CPT Code 99213 in Broward County during 2010, please produce all documentation, including copies of the pertinent pages of any reimbursement manual, fee schedule, or fee guideline thatCASE NO.: 12-22781COCE 53 supports Defendant’s position that the reasonable fee for CPT Code 99213 is less than $250.00 CERTIFICATE OF SERVICE | HEREBY CERTIFIY that a true and correct copy of the foregoing Request for Production has been furnished by electronic mail this day of Maren 2014 to Douglas G. Brehm, Esquire, SHUTTS & BOWEN LLP, 201 S. Biscayne Boulevard Suite 1500 Miami, FL 33131 Dbrehm@Shutts.com, Allstateservice@Shutts.com. SOUTH FLORIDA TRIAL LAWYERS LLC A Private Law Firm 5595 Orange Drive Suite 101 Davie, FL 33314 Telephone: (954) 888-9529 Facsimile: (954) 797-0344 Designated Email: eservica@southfloridatriallawyers.com EMI . STILLO Florida Bar No.: 0158593