On December 14, 2018 a
Request,Application
was filed
involving a dispute between
Ashlee Calcia,
Keira Hanover,
Kiera Hanover,
and
Allstate Insurance Company,
for CONTRACT & DEBT
in the District Court of Palm Beach County.
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Filing # 88730639 E-Filed 04/30/2019 11:27:44 AM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA.
CASE NO: 502018CA015668 XXXX MB AO
ASHLEE CALCIA and
KIERA HANOVER,
Plaintiffs,
vs.
ALLSTATE INSURANCE COMPANY,
Defendant.
/
PREC MEAT ART AT TAT SOA LATTNC
i dS WWIV LLUIN LU VE SCOPE or DEFENDAN i135
REQUEST FOR PHYSICAL EXAMINATION
COME NOW, the Plaintiff, ASHLEE CALCIA, by and through her undersigned attorneys,
and pursuant to Fla. R. Civ. P. Rule 1.360 files this her Motion to Limit the Scope of Defendant’s
Reanest for Physical Examination, and as orounds, therefore would state:
1. That pursuant to the Defendant’s request, the Plaintiff, ASHLEE CALCIA, is
scheduled for a physical examination with Dr. Michael Zeide, which is scheduled for June 3, 2019.
2. That pursuant to Fla. R. Civ. P. Rule 1.360, Defendant's examination is restricted
and limited to that of the Plaintiffs physical condition. Therefore, Dr. Zeide should not be allowed
to (1) require the Plaintiff to complete questionnaires; (2) ask questions about how the accident
happened or other inquiries as to the fault of the respective parties; (3) ask when the Plaintiff hired
an attorney; (4) ask who referred the Plaintiff to any doctor; (5) ask what the Plaintiff told the
police or others at the accident scene; (6) ask when the Plaintiff first complained of injuries or
pain; (7) ask what the Plaintiff told a particular doctor, when the Plaintiff saw a particular doctor,
and the like; (8) ask any questions regarding past medical treatment, complaints or injuries; (9)
CHEN. DAIRARCACU AAIINTY Cl CUADAND ANAFY FLED NAIANINNAG 44.97-A4/ ANA
PILL. PAL BLAU VUUINE TT, FL, OHI. DUUN, ULL, Utorret iveask any questions about prior work history, on the job injuries, work restrictions, previous time
missed from work or workers compensation claims.
3. That Dr. Zeide should not be allowed to question the Plaintiff as to the facts and
circumstances surrounding how the subject motor vehicle accident occurred; the Plaintiff's past
medical history; prior work history; or any other issues or subjects other than the Plaintiff's current
medical condition.
4. That Dr. Zeide should be prevented from taking x-rays, or from performing any
other invasive or non-invasive tests.
5. That the Plaintiff objects to disrobing or being forced to wear any gown during said
examination. Plaintiff will wear loose fitting clothing to said examination.
6. That the Plaintiff shall not be required to wait any longer than fifteen (15) minutes
past the scheduled time of the examination for the examination to begin.
7. The Plaintiff requests that Defense counsel be responsible for notifying Dr. Zeide,
of the terms of the Order entered on this motion.
8. That undersigned counsel will be in attendance at the CME with a Court Reporter.
5. That counsei for the Defendants shali provide a copy of the CME Keport of
within fifteen (15) days of the CME on June 3, 2019.
10. That the Plaintiff is not responsible for payment of any kind to Dr. Zeide,
regarding the CME.
WHEREFORE, the Plaintiff, ASHLEE CALCIA, move this Honorable Court for the entry
of an Order limiting the scope of the Defendant’s CME with Dr. Zeide, as set forth herein.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Motion to Limit the Scope of
Defendant’s Request for Physical Examination was filed with the Clerk via e-portal and a notice
of electronic filing was sent via email to: Charles Reid Bierer, Esq., 110 SE 6" Street, Suite 1800,
Fort Lauderdale, Florida 33301-5015 (Email: ftlauderdalelegal@allstate.com) this 30" day of
April, 2019.
KAPLAN & PARKER, LLP
PGA Financial Plaza
3399 PGA Boulevard, Suite 150
Palm Beach Gardens, Florida 33410
Telephone: (561) 296-7900
Facsimile: (561) 296-7919
By: 4/Stuart N. Kaplan
STUART N. KAPLAN, ESQUIRE
Florida Bar No.: 0647934
Email:skaplan@kaplanparkerlaw.com
Document Filed Date
April 30, 2019
Case Filing Date
December 14, 2018
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Filing # 88730639 E-Filed 04/30/2019 11:27:44 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO: 502018CA015668 XXXX MB AO ASHLEE CALCIA and KIERA HANOVER, Plaintiffs, vs. ALLSTATE INSURANCE COMPANY, Defendant. / PREC MEAT ART AT TAT SOA LATTNC i dS WWIV LLUIN LU VE SCOPE or DEFENDAN i135 REQUEST FOR PHYSICAL EXAMINATION COME NOW, the Plaintiff, ASHLEE CALCIA, by and through her undersigned attorneys, and pursuant to Fla. R. Civ. P. Rule 1.360 files this her Motion to Limit the Scope of Defendant’s Reanest for Physical Examination, and as orounds, therefore would state: 1. That pursuant to the Defendant’s request, the Plaintiff, ASHLEE CALCIA, is scheduled for a physical examination with Dr. Michael Zeide, which is scheduled for June 3, 2019. 2. That pursuant to Fla. R. Civ. P. Rule 1.360, Defendant's examination is restricted and limited to that of the Plaintiffs physical condition. Therefore, Dr. Zeide should not be allowed to (1) require the Plaintiff to complete questionnaires; (2) ask questions about how the accident happened or other inquiries as to the fault of the respective parties; (3) ask when the Plaintiff hired an attorney; (4) ask who referred the Plaintiff to any doctor; (5) ask what the Plaintiff told the police or others at the accident scene; (6) ask when the Plaintiff first complained of injuries or pain; (7) ask what the Plaintiff told a particular doctor, when the Plaintiff saw a particular doctor, and the like; (8) ask any questions regarding past medical treatment, complaints or injuries; (9) CHEN. DAIRARCACU AAIINTY Cl CUADAND ANAFY FLED NAIANINNAG 44.97-A4/ ANA PILL. PAL BLAU VUUINE TT, FL, OHI. DUUN, ULL, Utorret iveask any questions about prior work history, on the job injuries, work restrictions, previous time missed from work or workers compensation claims. 3. That Dr. Zeide should not be allowed to question the Plaintiff as to the facts and circumstances surrounding how the subject motor vehicle accident occurred; the Plaintiff's past medical history; prior work history; or any other issues or subjects other than the Plaintiff's current medical condition. 4. That Dr. Zeide should be prevented from taking x-rays, or from performing any other invasive or non-invasive tests. 5. That the Plaintiff objects to disrobing or being forced to wear any gown during said examination. Plaintiff will wear loose fitting clothing to said examination. 6. That the Plaintiff shall not be required to wait any longer than fifteen (15) minutes past the scheduled time of the examination for the examination to begin. 7. The Plaintiff requests that Defense counsel be responsible for notifying Dr. Zeide, of the terms of the Order entered on this motion. 8. That undersigned counsel will be in attendance at the CME with a Court Reporter. 5. That counsei for the Defendants shali provide a copy of the CME Keport of within fifteen (15) days of the CME on June 3, 2019. 10. That the Plaintiff is not responsible for payment of any kind to Dr. Zeide, regarding the CME. WHEREFORE, the Plaintiff, ASHLEE CALCIA, move this Honorable Court for the entry of an Order limiting the scope of the Defendant’s CME with Dr. Zeide, as set forth herein.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Motion to Limit the Scope of Defendant’s Request for Physical Examination was filed with the Clerk via e-portal and a notice of electronic filing was sent via email to: Charles Reid Bierer, Esq., 110 SE 6" Street, Suite 1800, Fort Lauderdale, Florida 33301-5015 (Email: ftlauderdalelegal@allstate.com) this 30" day of April, 2019. KAPLAN & PARKER, LLP PGA Financial Plaza 3399 PGA Boulevard, Suite 150 Palm Beach Gardens, Florida 33410 Telephone: (561) 296-7900 Facsimile: (561) 296-7919 By: 4/Stuart N. Kaplan STUART N. KAPLAN, ESQUIRE Florida Bar No.: 0647934 Email:skaplan@kaplanparkerlaw.com