Preview
Filing # 20600295 Electronically Filed 11/14/2014 04:10:21 PM
IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NUMBER: 14-010686 CONO (71)
FIRST CHOICE MEDICAL REHAB
CENTER, P.A.
(a/a/o Jose L. Pena Correa),
Plaintiff,
VS.
PROGRESSIVE AMERICAN
INSURANCE COMPANY,
Defendant.
/
MOTION TO TRANSFER VENUE AND MOTION FOR PROTECTIVE ORDER
COMES NOW the Defendant, PROGRESSIVE AMERICAN INSURANCE
COMPANY, by and through undersigned counsel, and files this Motion to Transfer Venue and
Motion for Protective Order, pursuant to Fla.R.Civ.P. 1.060 and §47.122 Fla. Stat. (2010), and
pursuant to Fla.R.Civ.P 1.280, enter an order staying discovery, and in support of said motion
states the following:
1 Plaintiff sued Defendant in Broward County, Florida.
2. Plaintiff is a healthcare provider which allegedly rendered treatment to Jose L.
Pena Correa for injuries allegedly sustained in a motor vehicle accident which
occurred on or about August 19, 2012, in Orange County, Florida.
3. At all times material to this Complaint, Jose L. Pena Correa lived in Osceola
County, Florida, in close proximity to Orange County, Florida.
4, The medical treatment at issue in this matter occurred in Orange County, Florida.
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/14/2014 4:10:21 PM.****5. Section §47.122, Fla. Stat., (2010), allows for the convenience of the parties or
witnesses or in the interest of justice, any Court of record to transfer any civil
action to any Court of record in which it might have been brought.
6. Defendant can challenge Plaintiffs forum by either showing substantial
inconvenience or that undue expense requires a change for the convenience of the
parties or witnesses.
7. Orange County is a convenient forum for this matter for the reasons stated above.
Jose L. Pena Correa sought medical treatment in Orange County, the medical
witnesses, and Defendant have no connection or contact with Broward County
regarding this matter as stated above. Defendant expects the following witnesses
to testify at trial: Jose L. Pena Correa, regarding the accident and treatment at
issue; the treating physician with Plaintiff who provided the examination at issue,
regarding the reasonableness, medical necessity and relatedness of the treatment;
and Plaintiff's billing clerk, regarding the propriety of the CPT Coding/billing for
the services at issue. Please see the affidavit of Jean Labossiere, Adjuster with
Defendant, attached hereto as Exhibit A.
8. Defendant will incur undue expense and substantial inconvenience defending this
lawsuit in Broward County, Florida.
9. It would be in the interest of justice to transfer venue to Orange County, Florida.
10. Defendant also moves for a Protective Order as to discovery, as Defendant does
not want to incur undue expense nor engage in discovery in an inconvenient
forum, pending ruling upon this motion.
WHEREFORE, the undersigned respectfully requests the Court enter an order granting
Defendant's Motion to Transfer Venue and Motion for Protective Order, and stay all discoverypending ruling upon this motion.
CERTIFICATE OF SERVICE
JT HEREBY CERTIFY that on this /Y day of November, 2014, I electronically filed the
foregoing with the Clerk of Courts by using the ECF system which will send a notice of
electronic filing to: paul@paulschrierpa.ccom; david@paulschrierpa.com, Paul K. Schrier,
Esquire, Paul K. Schrier, P.A., 11098 Biscayne Blvd., Suite 208, Miami, FL 33161.
ADAMS & DIACO, BA.
ERIC M. th SQUIRE
Courthouse Tower
44 W. Flagler Street, Ste. 1675
Miami, FL 33130
(305) 374-7900
FBN 862401
Attorney for Defendant
Designated service e-mail: rlerner@adamsdiaco.comEXHIBIT AIN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NUMBER: 14-010686 CONO (71)
FIRST CHOICE MEDICAL REHAB
CENTER, P.A.
(a/a/o Jose L. Pena Correa),
Plaintiff,
vs.
PROGRESSIVE AMERICAN
INSURANCE COMPANY,
Defendant.
/
AFFIDAVIT OF LITIGATION SPECIALIST IN SUPPORT OF
DEFENDANT’S MOTION TO TRANSFER VENUE
STATE OF FLORIDA}
COUNTY OF HILLSBOROUGH}
BEFORE ME, the undersigned authority personally appeared Jean B. Labossiere, being
first by me duly sworn, deposes and says:
1. My name is Jean B. Labossiere. 1 am authorized to handle claims for PROGRESSIVE
AMERICAN INSURANCE COMPANY ("Progressive") and | am over the age of
eighteen.
tv
I am the Litigation Specialist assigned to the above-referenced case, (claim number 12-
5738944). The following statements are based upon my own personal knowledge and/or
knowledge which | have obtained by a review of the original documents contained in the
file and kept by Progressive in the ordinary course and scope of its business.
3. At all times material to this Complaint, Jose L. Pena Correa lived in Osceola County,
Florida, in close proximity to Orange County, Florida.4, Plaintiff is a healthcare provider which allegedly rendered treatment to Jose L. Pena
Correa for injuries allegedly sustained in a motor vehicle accident which occurred on or
about August 19, 2012 in County, Florida.
5. The medical treatment at issue in this matter occurred in Orange County, Florida.
6. Progressive will incur undue expense and substantial inconvenience defending this
lawsuit in Broward County, Florida. Jose L. Pena Correa, the medical witnesses, and
PROGRESSIVE have no connection or contact with Broward County regarding this
matter as stated above. Defendant expects the following witnesses to testify at trial: Jose
L. Pena Correa, regarding the accident and treatment at issue; the treating physician with
Plaintiff who provided the examination at issue, regarding the reasonableness, medical
necessity and relatedness of the treatment; and Plaintiff's billing clerk, regarding the
propriety of the CPT Coding/billing for the services at issue.
ite Progressive will incur undue expense to pay for any medical providers and witnesses that
will have to close their offices for an entire day to travel to Broward County, Florida, to
testify. Such medical providers and witnesses will also experience substantial
inconvenience in having to travel to testify.
FURTHER AFFIANT SAYETH NOT.
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH 7
tk,
The foregoing instrument Wi acknowledged Pere me this ie bay of
tebber » 2014, by Gea y hussieve , who es personally known to me or
0 has produced identification, and who did take an oath.
Identification Produced:
“NOTARY PUBLIC
Typed Name:
Commission No.:
Commission Expire:
Notary Public - State of Florida f
My Comm. Expires Apr 1, 2018 ff
Commission # FF088892
Bonded Through National Notary As
Preview
Filing # 20600295 Electronically Filed 11/14/2014 04:10:21 PM IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NUMBER: 14-010686 CONO (71) FIRST CHOICE MEDICAL REHAB CENTER, P.A. (a/a/o Jose L. Pena Correa), Plaintiff, VS. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. / MOTION TO TRANSFER VENUE AND MOTION FOR PROTECTIVE ORDER COMES NOW the Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, by and through undersigned counsel, and files this Motion to Transfer Venue and Motion for Protective Order, pursuant to Fla.R.Civ.P. 1.060 and §47.122 Fla. Stat. (2010), and pursuant to Fla.R.Civ.P 1.280, enter an order staying discovery, and in support of said motion states the following: 1 Plaintiff sued Defendant in Broward County, Florida. 2. Plaintiff is a healthcare provider which allegedly rendered treatment to Jose L. Pena Correa for injuries allegedly sustained in a motor vehicle accident which occurred on or about August 19, 2012, in Orange County, Florida. 3. At all times material to this Complaint, Jose L. Pena Correa lived in Osceola County, Florida, in close proximity to Orange County, Florida. 4, The medical treatment at issue in this matter occurred in Orange County, Florida. ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/14/2014 4:10:21 PM.****5. Section §47.122, Fla. Stat., (2010), allows for the convenience of the parties or witnesses or in the interest of justice, any Court of record to transfer any civil action to any Court of record in which it might have been brought. 6. Defendant can challenge Plaintiffs forum by either showing substantial inconvenience or that undue expense requires a change for the convenience of the parties or witnesses. 7. Orange County is a convenient forum for this matter for the reasons stated above. Jose L. Pena Correa sought medical treatment in Orange County, the medical witnesses, and Defendant have no connection or contact with Broward County regarding this matter as stated above. Defendant expects the following witnesses to testify at trial: Jose L. Pena Correa, regarding the accident and treatment at issue; the treating physician with Plaintiff who provided the examination at issue, regarding the reasonableness, medical necessity and relatedness of the treatment; and Plaintiff's billing clerk, regarding the propriety of the CPT Coding/billing for the services at issue. Please see the affidavit of Jean Labossiere, Adjuster with Defendant, attached hereto as Exhibit A. 8. Defendant will incur undue expense and substantial inconvenience defending this lawsuit in Broward County, Florida. 9. It would be in the interest of justice to transfer venue to Orange County, Florida. 10. Defendant also moves for a Protective Order as to discovery, as Defendant does not want to incur undue expense nor engage in discovery in an inconvenient forum, pending ruling upon this motion. WHEREFORE, the undersigned respectfully requests the Court enter an order granting Defendant's Motion to Transfer Venue and Motion for Protective Order, and stay all discoverypending ruling upon this motion. CERTIFICATE OF SERVICE JT HEREBY CERTIFY that on this /Y day of November, 2014, I electronically filed the foregoing with the Clerk of Courts by using the ECF system which will send a notice of electronic filing to: paul@paulschrierpa.ccom; david@paulschrierpa.com, Paul K. Schrier, Esquire, Paul K. Schrier, P.A., 11098 Biscayne Blvd., Suite 208, Miami, FL 33161. ADAMS & DIACO, BA. ERIC M. th SQUIRE Courthouse Tower 44 W. Flagler Street, Ste. 1675 Miami, FL 33130 (305) 374-7900 FBN 862401 Attorney for Defendant Designated service e-mail: rlerner@adamsdiaco.comEXHIBIT AIN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NUMBER: 14-010686 CONO (71) FIRST CHOICE MEDICAL REHAB CENTER, P.A. (a/a/o Jose L. Pena Correa), Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. / AFFIDAVIT OF LITIGATION SPECIALIST IN SUPPORT OF DEFENDANT’S MOTION TO TRANSFER VENUE STATE OF FLORIDA} COUNTY OF HILLSBOROUGH} BEFORE ME, the undersigned authority personally appeared Jean B. Labossiere, being first by me duly sworn, deposes and says: 1. My name is Jean B. Labossiere. 1 am authorized to handle claims for PROGRESSIVE AMERICAN INSURANCE COMPANY ("Progressive") and | am over the age of eighteen. tv I am the Litigation Specialist assigned to the above-referenced case, (claim number 12- 5738944). The following statements are based upon my own personal knowledge and/or knowledge which | have obtained by a review of the original documents contained in the file and kept by Progressive in the ordinary course and scope of its business. 3. At all times material to this Complaint, Jose L. Pena Correa lived in Osceola County, Florida, in close proximity to Orange County, Florida.4, Plaintiff is a healthcare provider which allegedly rendered treatment to Jose L. Pena Correa for injuries allegedly sustained in a motor vehicle accident which occurred on or about August 19, 2012 in County, Florida. 5. The medical treatment at issue in this matter occurred in Orange County, Florida. 6. Progressive will incur undue expense and substantial inconvenience defending this lawsuit in Broward County, Florida. Jose L. Pena Correa, the medical witnesses, and PROGRESSIVE have no connection or contact with Broward County regarding this matter as stated above. Defendant expects the following witnesses to testify at trial: Jose L. Pena Correa, regarding the accident and treatment at issue; the treating physician with Plaintiff who provided the examination at issue, regarding the reasonableness, medical necessity and relatedness of the treatment; and Plaintiff's billing clerk, regarding the propriety of the CPT Coding/billing for the services at issue. ite Progressive will incur undue expense to pay for any medical providers and witnesses that will have to close their offices for an entire day to travel to Broward County, Florida, to testify. Such medical providers and witnesses will also experience substantial inconvenience in having to travel to testify. FURTHER AFFIANT SAYETH NOT. STATE OF FLORIDA COUNTY OF HILLSBOROUGH 7 tk, The foregoing instrument Wi acknowledged Pere me this ie bay of tebber » 2014, by Gea y hussieve , who es personally known to me or 0 has produced identification, and who did take an oath. Identification Produced: “NOTARY PUBLIC Typed Name: Commission No.: Commission Expire: Notary Public - State of Florida f My Comm. Expires Apr 1, 2018 ff Commission # FF088892 Bonded Through National Notary As