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Filing # 58355185 E-Filed 06/28/2017 10:13:49 AM
IN THE COUNTY COURT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
B & B PROHEALTH
REHABILITATION, INC., (Jesus R. CASE NO.: 17-4875 CC 26 (03)
Castro, Patient)
Plaintiff,
vs.
IMPERIAL FIRE & CASUALTY
INSURANCE COMPANY,
Defendant.
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PLAINTIFF'S FIRST REQUEST TO PRODUCE
Plaintiff, B & B PROHEALTH REHABILITATION, INC., by and through the
undersigned attorney, pursuant to Florida Rules of Civil Procedure 1.350, hereby
requests 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 FORTY-FIVE (45) DAYS
AFTER THE SERVICE HEREOF SUBJECT TO THE ALLOWANCE OF A
SHORTER OR LONGER TIME BY THE COURT.
The items and matters to be produced are as follows:
1. All insurance policies that would cover Jesus R. Castro, together with any
declaration of coverage page and sworn statement of a corporate officer of
Defendant attesting to the coverage and authenticity of the policy as required
by Florida Statutes.
2. All sworn statements taken of any interested party to this action including
but not limited to Jesus R. Castro.
3. The entire PIP file maintained by you or anyone on your behalf with regard
to Jesus R. Castro, cover to cover, including original jackets and everything
contained within the file, including, without limitation:a) All notations regarding notice of the accident;
b) All telephone messages to or from you, or any of your agents on your
behalf;
c) All accident reports prepared by you, any law enforcement agencies or
the Plaintiff or your insured;
d) All interoffice memoranda;
e) All correspondence to or from anyone, including any insurance agencies,
any doctors’ offices, any employers, any agencies hired to select doctors
for “independent medical examinations” and any law enforcement
agencies;
f) Any and all PIP forms, including PIP applications, medical report forms,
employer verification forms, authorization forms and any other forms
contained in said file; and,
g) All records of the time expended on file or costs expended on file in the
handling of any aspect of the Plaintiffs claim.
. Any and all reports or statements from any expert indicating that the
treatment rendered by Plaintiff was not reasonable, related or necessary.
. Any and all contracts or agreements between Defendant and any medical
review or bill review company utilized in evaluating the bills received by
Plaintiff.
. Acopy of the C.V. of any doctor utilized in determining whether or not to pay
the bills submitted by Plaintiff.
. Documentation indicating the amount of money Defendant has paid any IME
doctor utilized in the instant case over the last 3 years.
. Documentation indicating the amount of money Defendant has paid any IME
doctor utilized in the instant case for work done in this case.
. Copies of any and all forms, correspondence, or reports received by you or
any of your agents on your behalf concerning Jesus R. Castro’s medical
condition from anyone.10. All correspondence, forms, notations, memoranda or information transmitted
by you in any form whatsoever to any physician’s office or health care
provider’s office concerning Jesus R. Castro’s physical and/or mental
condition.
11. Any and all surveillance films or photographs taken by you or anyone on your
behalf of Jesus R. Castro.
12. Any and all statements taken by the Defendant of any witnesses with regard
to any fact relevant to any fact in this case, such as was taken prior to the
filing of suit in this matter.
13.Any and all photographs taken by the Defendant showing the extent of
damage to any of the vehicles involved in the accident as were taken prior to
the filing of suit.
14, Any and all photographs taken by the Defendant of the scene of the accident
at any time prior to the filing of suit.
15. Any and all estimates of repair or statements concerning the nature and extent
of damage to any of the vehicles involved in the accident.
16.Any and all writings, memorandums, notes or other materials reflecting
examination by the Defendant of any of the vehicles involved in the accident.
17.Any correspondence, memo or documentation of contact between any PIP
adjuster on the file and any physician, health care provider or employer to
retrieve information necessary for the processing of Jesus R. Castro’s claim
for benefits.
18.Any and all references, sources, and/or documentation that the Defendant
utilized and relied upon in determining that the medical bills submitted by
B & B PROHEALTH REHABILITATION, INC., to the Defendant for
payment were not reasonable.
19. All references, sources, and/or documentation that the Defendant utilized
and relied upon in determining that the medical treatment rendered to Jesus
R. Castro by B & B PROHEALTH REHABILITATION, INC. was not
necessary and not related to the subject accident.20.A copy of the Defendant's PIP payout log and the Medical Payments payout
log.
21.All documents which support Defendant’s Affirmative Defenses.
22. All documents or papers received by Defendant from Plaintiff pertaining to
this claim.
23.All documents or papers received from any party, whether they have an
interest or not in this case, pertaining to this claim.
24. All documents or papers sent from Defendant to Plaintiff pertaining to this
claim.
25.All documents or papers received by Defendant from other medical providers
in relation to Jesus R. Castro’s PIP claim.
26.All medical reports discussing Jesus R. Castro’s medical treatment by
Plaintiff, including but not limited to Defendant’s IME’s and Peer reviews.
27.All copies of IME/Peer review reports, for the last three years, for any IME
or Peer review doctor who has reviewed the medical treatment of Jesus R.
Castro in relation to this PIP claim.
As good cause for same, the Plaintiff would show unto the Court that said
documents requested above are in the exclusive care, custody and control of the
Defendants, agents, servants, employees, insurance companies or attorneys; that
they are relevant and material to the issues of this lawsuit, and the Plaintiff cannot
secure same or the equivalent thereof but for leave of this Court.
WHEREFORE, for the good cause set forth above, the Plaintiff would petition
the Court that the requested documents be produced pursuant to the applicable Rules
of Civil Procedure.
I HEREBY CERTIFY that a copy of the foregoing was attached to the copy of
the Summons and Complaint to be served on the Defendant.LEONARD J VALDES, P.A.
8660 W Flagler St., Suite 124
Miami, FL 33144
Telephone: (305) 567-0910
Fax: (786) 454-8905
Service: pleadings@valdeslaw.com
/s/.
Leonard J. Valdes, D.C., Esq.
Florida Bar No. 84762