Preview
Filing # 137019756 E-Filed 10/21/2021 01:52:59 PM
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
SMALL CLAIMS DIVISION
SPINE AND ORTHOPAEDIC SPECIALISTS
OF CENTRAL FLORIDA, LLC A/A/O CASE NO.: 21-CC-097848 DIV I
KARMAN SHWANI,
Plaintiff,
v.
GEICO GENERAL INSURANCE
COMPANY,
Defendant.
_____________________________________
DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF
The Defendant, by and through the undersigned counsel, requests that all Plaintiff produce
the items listed below within thirty (30) days from the receipt of these requests pursuant to Rule 1.350
of the Florida Rules of Civil Procedure.
DEFINITIONS
For purposes of this Request, the following definitions will apply:
A. The terms “Plaintiff,” “you,” or “your,” and any synonym thereof and derivatives therefrom
are intended to and shall embrace and include the above named Plaintiff, its parents,
subsidiaries, divisions, related companies or affiliates and any corporate predecessor or
successor of any of them, and all of its respective agents, servants, associate, employees,
representatives, investigators, and others who are or have been in possession of or may have
obtained information for or on behalf of Plaintiff in any manner with respect to any matter
referred to in the pleadings in the above-styled case.
B. As used herein, “Assignor” refers to the person described in the Complaint who assigned
payment of medical benefits to Plaintiff.
C. The term “document” shall be deemed to include every record of every type including, without
limitations, information stored on any electromagnetic storage device, any written, printed,
typed, recorded, stored, or graphic matter, however produced, reproduced, or existing in the
possession, custody or control of the Plaintiffs of any of them, or any agent, employee, or
attorney of the Plaintiffs of any of them, and all drafts, notes, or preparatory material concerned
10/21/2021 1:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
with said document, and every additional copy of such record or document where such copy
contains any commentary, notation, or other change whatsoever that does not appear on the
original or other copy of the document produced. “Document” shall be deemed to also include any
summary of a document or documents called hereafter.
D. As used herein, the term “relates to” or “relating to” means referring to, concerning, responding
to, containing, regarding, discussing, documenting, describing, reflecting, analyzing,
constituting, disclosing, employing, defining, stating, explaining, summarizing or in any way
pertaining to.
E. As used herein, the terms “and” as well as “or” shall be construed both disjunctively so as to
bring within the scope of each of these requested any information which otherwise might be
construed to be outside the scope of any requirement.
F. The use of the singular form of any word include the plural, and the use of the plural includes
the singular.
ITEMS TO BE PRODUCED
1. Please produce all records of payments, checks, journals, etc., that reference any payment to,
or from Plaintiff with regard to treatment rendered to the assignor.
2. Please produce all memos, guidelines and/or instructions regarding the billing for the type of
services rendered to the assignor.
3. For each interrogatory set forth in Defendant’s Interrogatories, produce all documents which
Plaintiff referred to, relied upon, consulted or used in any way in answering such interrogatory.
4. If you made any objections within your responses to Defendant's First Interrogatories or
Defendant's First Request to Produce, please produce the legal basis supporting these
objections (i.e. Privilege Log, etc.).
5. All document retention policies governing any document responsive to any of the requests
herein.
6. Please produce all records, documents and materials of whatever nature you have regarding
changes in the amounts of your charges for services and treatments since 2013.
7. All evidence a physician licensed under chapter 458 or chapter 459, a dentist licensed under
chapter 466, a physician assistant licensed under chapter 458 or chapter 459, or an advanced
registered nurse practitioner licensed under chapter 464 has determined that the Assignor had
an emergency medical condition for injuries sustained during the subject motor vehicle
accident.
8. A list of the Plaintiff’s owners and directors as of the date of the first treatment allegedly
rendered to the Assignor.
9. Please produce all records, documents and/or materials of whatever nature you have in your
possession regarding any audits that have been performed on your billing records and/or billing
procedures. (Redacted to conceal the patient's identifying information.)
10. Please produce any and all forms completed and/or signed the Assignor including, but not
limited to, assignments of benefits, directions to pay, disclosure and acknowledgement forms,
medical history questionnaires and daily sign in/sign out sheets redacting the names of patients
other than the Assignor.
10/21/2021 1:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
11. Please produce copies of any and all documents identifying any person and/or entity that owns,
or has any financial interest in, any equipment within Plaintiff’s facilities including names,
business addresses, telephone numbers and start and end date of ownership interest of each
individual and/or entity.
12. Please produce time cards, schedules, employee log or anything to indicate the hours worked
on each day by anyone who rendered service to the Assignor during the time period the
Assignor received treatment.
13. Please produce all contracts or agreements between Plaintiff and any individual, corporation
or business entity who refers patients to Plaintiff.
14. Please produce all letters of protection from the Assignor or the Assignor’s attorney to you,
your P.A., or any other party having financial interest in the outcome of any pending litigation
including, but not limited to, commercial factors, accounts receivable, collection services or
commercial finance companies.
15. Please produce every piece of paper contained within the medical/billing file folders kept for
the Assignor for the subject motor vehicle accident.
16. Plaintiff shall produce any documents evidencing a third party settlement or agreement
between Plaintiff and the Assignor for accepting any payment from any collateral source as a
result of a third party liability settlement or for writing off any balance owed by for the
treatment rendered to the Assignor.
17. All correspondence or other documents informing any patient you have treated in conjunction
with a PIP claim that a deductible and/or co-payment was or was not required.
18. Your written policies and procedures regarding the request for and collection of deductibles
and/or co-payments from patients in conjunction with your treating a patient in a PIP claim.
19. All correspondence informing any patient that a deductible and/or co-payment was or was not
going to be collected in conjunction with your treatment of the patient for a PIP claim.
20. All correspondence informing any patient of your intentions and/or reasoning for waiving a
deductible and/or co-payment in conjunction with a PIP claim.
21. The engagement agreement, contract or scope of employment with the Plaintiff’s Medical
Director.
22. Any and all licensing or documentation with any State Agency concerning the operation of the
Plaintiff’s facilities.
23. All correspondence, bills, invoices, medical records or other documents mailed, faxed or
delivered by you to GEICO regarding treatment, testing, services or supplies provided by you
to the Assignor.
24. All correspondence, bills, invoices or other documents mailed, faxed or delivered to the
Assignor or anyone on his/her behalf regarding any effort made by you seeking payment from
the Assignor or anyone on his/her behalf.
25. All documentation including, but not limited to, cancelled checks, receipts, ledgers or other
items indicating the amount paid by the Assignor or anyone on his/her behalf for any of the
treatment, testing, services or supplies you provided to the Assignor for the subject motor
vehicle accident.
26. All documentation concerning the responsibility of the Assignor for the charges resulting from
the treatment, testing, services or supplies provided by you to the Assignor including, but not
limited to, assignments, contracts, correspondence and letters of protection.
27. Please produce all clinic submissions to the Department of Health Care Administration
regarding clinic licensure/clinic registration.
28. All emergency room records, notes, hospital records and all other documents pertaining to
10/21/2021 1:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
the diagnosis of an emergency medical condition of the Assignor.
29. Copies of any and all Assignments of Benefits, Re-Assignment of Benefits revocation of
Assignments of Benefits, directions to pay and/or letters of protection regarding the
Assignor.
30. A copy of the most recent curriculum vitae for any M.D., D.O. or D.C. acting in any
capacity with Plaintiff that provided medical services to the Assignor.
31. Proof of mailing of all HCFA/CMS 1500 forms submitted to GEICO for reimbursement on
this claim.
32. All documents and/or materials of whatever nature that support your position that the
services and treatment you provided to the Assignor on each date of treatment was medically
necessary.
33. All documents and/or materials of whatever nature that support your position that the
services and treatment you provided to the Assignor on each date of treatment was
lawfully rendered.
34. All documents and/or materials of whatever nature that support your position that the
services and treatment you provided to the Assignor on each date of treatment was
reasonable.
35. All documents and/or materials of whatever nature that support your position that the
services and treatment you provided to the Assignor on each date of treatment was related
to the Assignor motor vehicle accident.
36. Copies of any and all correspondence, checks or drafts reflecting all payments for medical
services rendered on this claim.
37. Please provide a copy of the complete Pre-Suit Demand Letter(s) submitted in this case,
i.e. copies of any demand letters submitted to GEICO by Plaintiff, or anyone on Plaintiff’s
behalf, that you contend comply with the requirements of Florida Statutes, Section
627.736(10).
38. Proof of mailing of any demand letters submitted to GEICO by Plaintiff, or anyone on
Plaintiff’s behalf, that you contend comply with the requirements of Florida Statutes,
Section 627.736(10).
39. Any and all documentation indicating how the Plaintiff calculated the amount at issue
indicated in Plaintiff’s Pre-Suit Demand Letter(s).
40. All Explanations of Reimbursement received in response to each of the bills submitted by
the Plaintiff for reimbursement.
41. Any and all documentation evidencing the name, credentials and licensure of Plaintiff’s
medical/clinical director for the years in which services were rendered to the Assignor.
42. Copies of Federal income tax returns for the four (4) years prior to current year, together
with a record of earnings to date in current year. Include all W-2 and 1099 forms; or in the
alternative, provide a duly executed Internal Revenue Service Form 4506. “Request for
copy or Transcript of Tax Form” for said tax years.
43. Any accounting or bookkeeping records that relate to any bad debt deduction taken or
accounted for in regards to the Assignor’s insurance claim and treatment.
44. Any and all accounting or bookkeeping records pertaining to the Assignor’s insurance
claim and treatment.
45. Any and all policies related to determination of a bad debt deductions.
10/21/2021 1:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
46. Practice procedures for claiming a bad debt, including any time limits placed on
uncollectable bills.
47. All documents ever exchanged between you and the Assignor.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Mail on this 21st day of October, 2021 to the following designated service email
address(es): Daniel B Smith, Esq., Morgan and Morgan, P.A., dansmith@forthepeople.com and
kboussebaa@forthepeople.com.
Law Office of David S. Dougherty
/s/ Chad Sliger___________
Chad Sliger, Esq.
(Employees of GEICO General Insurance Company)
Florida Bar No.: 122104
4300 West Cypress Street, STE 900
Tampa, Florida 33607
Phone: 813-439-6315
Facsimile: (813) 439-6399
Attorney for Defendant GEICO
Service Email: TampaPIPGeico@geico.com
10/21/2021 1:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5
Preview
Filing # 137019756 E-Filed 10/21/2021 01:52:59 PM IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA SMALL CLAIMS DIVISION SPINE AND ORTHOPAEDIC SPECIALISTS OF CENTRAL FLORIDA, LLC A/A/O CASE NO.: 21-CC-097848 DIV I KARMAN SHWANI, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant. _____________________________________ DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF The Defendant, by and through the undersigned counsel, requests that all Plaintiff produce the items listed below within thirty (30) days from the receipt of these requests pursuant to Rule 1.350 of the Florida Rules of Civil Procedure. DEFINITIONS For purposes of this Request, the following definitions will apply: A. The terms “Plaintiff,” “you,” or “your,” and any synonym thereof and derivatives therefrom are intended to and shall embrace and include the above named Plaintiff, its parents, subsidiaries, divisions, related companies or affiliates and any corporate predecessor or successor of any of them, and all of its respective agents, servants, associate, employees, representatives, investigators, and others who are or have been in possession of or may have obtained information for or on behalf of Plaintiff in any manner with respect to any matter referred to in the pleadings in the above-styled case. B. As used herein, “Assignor” refers to the person described in the Complaint who assigned payment of medical benefits to Plaintiff. C. The term “document” shall be deemed to include every record of every type including, without limitations, information stored on any electromagnetic storage device, any written, printed, typed, recorded, stored, or graphic matter, however produced, reproduced, or existing in the possession, custody or control of the Plaintiffs of any of them, or any agent, employee, or attorney of the Plaintiffs of any of them, and all drafts, notes, or preparatory material concerned 10/21/2021 1:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 with said document, and every additional copy of such record or document where such copy contains any commentary, notation, or other change whatsoever that does not appear on the original or other copy of the document produced. “Document” shall be deemed to also include any summary of a document or documents called hereafter. D. As used herein, the term “relates to” or “relating to” means referring to, concerning, responding to, containing, regarding, discussing, documenting, describing, reflecting, analyzing, constituting, disclosing, employing, defining, stating, explaining, summarizing or in any way pertaining to. E. As used herein, the terms “and” as well as “or” shall be construed both disjunctively so as to bring within the scope of each of these requested any information which otherwise might be construed to be outside the scope of any requirement. F. The use of the singular form of any word include the plural, and the use of the plural includes the singular. ITEMS TO BE PRODUCED 1. Please produce all records of payments, checks, journals, etc., that reference any payment to, or from Plaintiff with regard to treatment rendered to the assignor. 2. Please produce all memos, guidelines and/or instructions regarding the billing for the type of services rendered to the assignor. 3. For each interrogatory set forth in Defendant’s Interrogatories, produce all documents which Plaintiff referred to, relied upon, consulted or used in any way in answering such interrogatory. 4. If you made any objections within your responses to Defendant's First Interrogatories or Defendant's First Request to Produce, please produce the legal basis supporting these objections (i.e. Privilege Log, etc.). 5. All document retention policies governing any document responsive to any of the requests herein. 6. Please produce all records, documents and materials of whatever nature you have regarding changes in the amounts of your charges for services and treatments since 2013. 7. All evidence a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a physician assistant licensed under chapter 458 or chapter 459, or an advanced registered nurse practitioner licensed under chapter 464 has determined that the Assignor had an emergency medical condition for injuries sustained during the subject motor vehicle accident. 8. A list of the Plaintiff’s owners and directors as of the date of the first treatment allegedly rendered to the Assignor. 9. Please produce all records, documents and/or materials of whatever nature you have in your possession regarding any audits that have been performed on your billing records and/or billing procedures. (Redacted to conceal the patient's identifying information.) 10. Please produce any and all forms completed and/or signed the Assignor including, but not limited to, assignments of benefits, directions to pay, disclosure and acknowledgement forms, medical history questionnaires and daily sign in/sign out sheets redacting the names of patients other than the Assignor. 10/21/2021 1:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 11. Please produce copies of any and all documents identifying any person and/or entity that owns, or has any financial interest in, any equipment within Plaintiff’s facilities including names, business addresses, telephone numbers and start and end date of ownership interest of each individual and/or entity. 12. Please produce time cards, schedules, employee log or anything to indicate the hours worked on each day by anyone who rendered service to the Assignor during the time period the Assignor received treatment. 13. Please produce all contracts or agreements between Plaintiff and any individual, corporation or business entity who refers patients to Plaintiff. 14. Please produce all letters of protection from the Assignor or the Assignor’s attorney to you, your P.A., or any other party having financial interest in the outcome of any pending litigation including, but not limited to, commercial factors, accounts receivable, collection services or commercial finance companies. 15. Please produce every piece of paper contained within the medical/billing file folders kept for the Assignor for the subject motor vehicle accident. 16. Plaintiff shall produce any documents evidencing a third party settlement or agreement between Plaintiff and the Assignor for accepting any payment from any collateral source as a result of a third party liability settlement or for writing off any balance owed by for the treatment rendered to the Assignor. 17. All correspondence or other documents informing any patient you have treated in conjunction with a PIP claim that a deductible and/or co-payment was or was not required. 18. Your written policies and procedures regarding the request for and collection of deductibles and/or co-payments from patients in conjunction with your treating a patient in a PIP claim. 19. All correspondence informing any patient that a deductible and/or co-payment was or was not going to be collected in conjunction with your treatment of the patient for a PIP claim. 20. All correspondence informing any patient of your intentions and/or reasoning for waiving a deductible and/or co-payment in conjunction with a PIP claim. 21. The engagement agreement, contract or scope of employment with the Plaintiff’s Medical Director. 22. Any and all licensing or documentation with any State Agency concerning the operation of the Plaintiff’s facilities. 23. All correspondence, bills, invoices, medical records or other documents mailed, faxed or delivered by you to GEICO regarding treatment, testing, services or supplies provided by you to the Assignor. 24. All correspondence, bills, invoices or other documents mailed, faxed or delivered to the Assignor or anyone on his/her behalf regarding any effort made by you seeking payment from the Assignor or anyone on his/her behalf. 25. All documentation including, but not limited to, cancelled checks, receipts, ledgers or other items indicating the amount paid by the Assignor or anyone on his/her behalf for any of the treatment, testing, services or supplies you provided to the Assignor for the subject motor vehicle accident. 26. All documentation concerning the responsibility of the Assignor for the charges resulting from the treatment, testing, services or supplies provided by you to the Assignor including, but not limited to, assignments, contracts, correspondence and letters of protection. 27. Please produce all clinic submissions to the Department of Health Care Administration regarding clinic licensure/clinic registration. 28. All emergency room records, notes, hospital records and all other documents pertaining to 10/21/2021 1:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 the diagnosis of an emergency medical condition of the Assignor. 29. Copies of any and all Assignments of Benefits, Re-Assignment of Benefits revocation of Assignments of Benefits, directions to pay and/or letters of protection regarding the Assignor. 30. A copy of the most recent curriculum vitae for any M.D., D.O. or D.C. acting in any capacity with Plaintiff that provided medical services to the Assignor. 31. Proof of mailing of all HCFA/CMS 1500 forms submitted to GEICO for reimbursement on this claim. 32. All documents and/or materials of whatever nature that support your position that the services and treatment you provided to the Assignor on each date of treatment was medically necessary. 33. All documents and/or materials of whatever nature that support your position that the services and treatment you provided to the Assignor on each date of treatment was lawfully rendered. 34. All documents and/or materials of whatever nature that support your position that the services and treatment you provided to the Assignor on each date of treatment was reasonable. 35. All documents and/or materials of whatever nature that support your position that the services and treatment you provided to the Assignor on each date of treatment was related to the Assignor motor vehicle accident. 36. Copies of any and all correspondence, checks or drafts reflecting all payments for medical services rendered on this claim. 37. Please provide a copy of the complete Pre-Suit Demand Letter(s) submitted in this case, i.e. copies of any demand letters submitted to GEICO by Plaintiff, or anyone on Plaintiff’s behalf, that you contend comply with the requirements of Florida Statutes, Section 627.736(10). 38. Proof of mailing of any demand letters submitted to GEICO by Plaintiff, or anyone on Plaintiff’s behalf, that you contend comply with the requirements of Florida Statutes, Section 627.736(10). 39. Any and all documentation indicating how the Plaintiff calculated the amount at issue indicated in Plaintiff’s Pre-Suit Demand Letter(s). 40. All Explanations of Reimbursement received in response to each of the bills submitted by the Plaintiff for reimbursement. 41. Any and all documentation evidencing the name, credentials and licensure of Plaintiff’s medical/clinical director for the years in which services were rendered to the Assignor. 42. Copies of Federal income tax returns for the four (4) years prior to current year, together with a record of earnings to date in current year. Include all W-2 and 1099 forms; or in the alternative, provide a duly executed Internal Revenue Service Form 4506. “Request for copy or Transcript of Tax Form” for said tax years. 43. Any accounting or bookkeeping records that relate to any bad debt deduction taken or accounted for in regards to the Assignor’s insurance claim and treatment. 44. Any and all accounting or bookkeeping records pertaining to the Assignor’s insurance claim and treatment. 45. Any and all policies related to determination of a bad debt deductions. 10/21/2021 1:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 46. Practice procedures for claiming a bad debt, including any time limits placed on uncollectable bills. 47. All documents ever exchanged between you and the Assignor. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail on this 21st day of October, 2021 to the following designated service email address(es): Daniel B Smith, Esq., Morgan and Morgan, P.A., dansmith@forthepeople.com and kboussebaa@forthepeople.com. Law Office of David S. Dougherty /s/ Chad Sliger___________ Chad Sliger, Esq. (Employees of GEICO General Insurance Company) Florida Bar No.: 122104 4300 West Cypress Street, STE 900 Tampa, Florida 33607 Phone: 813-439-6315 Facsimile: (813) 439-6399 Attorney for Defendant GEICO Service Email: TampaPIPGeico@geico.com 10/21/2021 1:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5