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Filing # 202097310 E-Filed 07/09/2024 08:51:35 AM
15910279 IN THE SMALL CLAIMS COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR ORANGE
COUNTY, FLORIDA
HEALTH DIAGNOSTICS OF ORLANDO, LLC CASE NO.: 2024-SC-026514-O
D/B/A STAND-UP MRI OF ORLANDO A/A/O DIV. NO.:
RAFAEL ACEVEDO,
Plaintiff,
vs.
PROGRESSIVE AMERICAN INSURANCE
COMPANY,
Defendant.
SUMMONS
THE STATE OF FLORIDA:
TO ALL AND SINGULAR SHERIFFS OF SAID STATE:
YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the
Complaint, Request to Produce, Request for Admissions and Interrogatories in the above styled
cause upon the Defendant c/o registered agent:
Progressive American Insurance Company
C/o Florida Chief Financial Officer as RA
200 East Gaines Street
Tallahassee, FL 32399-4201
Each defendant is required to serve written defenses to the complaint or petition on,
Jessica Pickeral, Esquire counsel for Plaintiff, whose address is Morgan & Morgan, P.A., P.O. Box
4979, Orlando, FL 32802-4979, within 20 days after service of this summons on that
defendant, exclusive of the day of service, and to file the original of the defenses with the clerk
of this court either before service on Plaintiff's attorney or immediately thereafter. If a
defendant fails to do so, a default will be entered against that defendant for the relief
demanded in the complaint or petition.
DATED on 07/10 , 2024.
JESSICA PICKERAL, ESQUIRE
MORGAN & MORGAN, P.A.
20 N. Orange Avenue, 4" Floor
Orlando, Florida 32801
(407) 428-6243
acu Tiffany Moore Russell, Clerk of Courts
Civil Division
425 N Orange Ave
Room 350
Orlando, Florida 32801
By: _/s/ Lauren Scheidt
Deputy Clerk
REQUESTS FOR ACCOMMODATIONS BY
PE INS WITH DISABILITIE:!
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact the ADA Coordinator, Human Resources, Orange County
Courthouse, 425 N. Orange Avenue Suite 510 (407) 836-2303, at least 7 days before your
scheduled court appearance, or immediately upon receiving this notification if the time before
the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
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Case Number:
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Dept:
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DEPT
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Motion to Compel Plaintiff to Appear for a Physical Examination
MOVING PARTY:
Defendant Cludo K. Georgiadis
OPPOSING PARTY:
Plaintiff Aaron Patzan
BACKGROUND
This case involves alleged injuries from a fall.
Defendant Cludo K. Georgiadis (Defendant) now moves to compel Plaintiff Aaron Patzans (Plaintiff) appearance at a physical examination. Defendant also seeks monetary sanctions. Plaintiff opposes.
LEGAL STANDARD
In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 miles of the residence of the examinee. (Code Civ. Proc., § 2032.220, subd. (a).)¿¿
Code of Civil Procedure section 2032.410 provides: If a party is required to submit to a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with Section 2032.310), or under Section 2016.030, but fails to do so, the court, on motion of the party entitled to the examination, may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may, on motion of the party, impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
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Defendant brings this motion solely under Code of Civil Procedure section 2032.410, which provides the authority to impose sanctions, but not to compel an appearance. Code of Civil Procedure § 2032.250, which does provide that a defendant may move for an order compelling compliance, also requires that the motion be accompanied by a meet and confer declaration. No meet and confer efforts are described in the declaration attached to the motion. Accordingly, the motion is denied.
The Court finds that the imposition of sanctions as to either party would be unjust and declines to award monetary sanctions.
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Preview
Filing # 202097310 E-Filed 07/09/2024 08:51:35 AM 15910279 IN THE SMALL CLAIMS COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA HEALTH DIAGNOSTICS OF ORLANDO, LLC CASE NO.: 2024-SC-026514-O D/B/A STAND-UP MRI OF ORLANDO A/A/O DIV. NO.: RAFAEL ACEVEDO, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. SUMMONS THE STATE OF FLORIDA: TO ALL AND SINGULAR SHERIFFS OF SAID STATE: YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the Complaint, Request to Produce, Request for Admissions and Interrogatories in the above styled cause upon the Defendant c/o registered agent: Progressive American Insurance Company C/o Florida Chief Financial Officer as RA 200 East Gaines Street Tallahassee, FL 32399-4201 Each defendant is required to serve written defenses to the complaint or petition on, Jessica Pickeral, Esquire counsel for Plaintiff, whose address is Morgan & Morgan, P.A., P.O. Box 4979, Orlando, FL 32802-4979, within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on Plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. DATED on 07/10 , 2024. JESSICA PICKERAL, ESQUIRE MORGAN & MORGAN, P.A. 20 N. Orange Avenue, 4" Floor Orlando, Florida 32801 (407) 428-6243 acu Tiffany Moore Russell, Clerk of Courts Civil Division 425 N Orange Ave Room 350 Orlando, Florida 32801 By: _/s/ Lauren Scheidt Deputy Clerk REQUESTS FOR ACCOMMODATIONS BY PE INS WITH DISABILITIE:! If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue Suite 510 (407) 836-2303, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.