18 Fla. L. Weekly Supp. 701b
Online Reference: FLWSUPP 1808GUER
Insurance — Declaratory judgments — Motion for more definite statement as to petition seeking coverage declaration is denied — Discovery — Treating physician and medical provider’s billing and records custodian are not required to appear for depositions — Insurer may depose provider’s corporate representative with most knowledge — Where insurer filed motion seeking protection from provider’s request for deposition but failed to set motion for hearing prior to not appearing for deposition, sanctions are imposed
CELPA CLINIC, P.A., D/B/A CELPA CLINIC, (As Assignee of Anet Guerra), Plaintiff, v. EXPLORER INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 11-CC-001894, Div. L. June 8, 2011. Honorable Joelle Ann Ober, Judge.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS, ORDER GRANTING PLAINTIFF’S MOTION FOR PROTECTIVE ORDER AND ORDER GRANTINGPLAINTIFF’S MOTION FOR SANCTIONS
THIS CAUSE having come before this Court on April 13, 2011 on Defendant’s Motion to Dismiss, Plaintiff’s Motion for Protective Order and Plaintiff’s Motion for Sanctions. The court, having considered the following motion, having reviewed the record and having heard argument by counsel, rules for the reasons stated in open court, as follows:
ORDERED AND ADJUDGED:
1. Defendant’s Motion to Dismiss and/or Motion for More Definite Statement as to Plaintiff’s Petition for Declaratory Relief seeking a coverage declaration is HEREBY DENIED. Defendant response to the Petition for Declaratory Relief shall be served within ten (10) days of the date of this order.
2. Plaintiff’s Motion for Protective Order sought protection from Defendant’s request for the depositions of the Plaintiff’s treating physician, as well as Plaintiff’s Billing and Records Custodian. Plaintiff’s motion is HEREBY GRANTED as to these individuals. Plaintiff stipulates that Defendant is allowed to conduct the deposition of Plaintiff’s Corporate Representative with the most knowledge regarding the allegations contained in the complaint with regard to this claim.
3. Plaintiff’s Motion for Sanctions alleged that Defendant failed to timely respond to its request for deposition dates of its adjuster, that Defendant failed to appear for a properly noticed deposition and that, although Defendant filed a Motion for Protective Order, Defendant failed to set its motion for hearing, prior to not appearing for the deposition of the adjuster.
4. Plaintiff’s Motion for Sanctions is HEREBY GRANTED. The court finds that Defendant’s attempt to set its Motion for Protective Order for hearing was insufficient.
5. The Defendant shall provide deposition dates of its adjuster, Sanondrah Blake.
6. Defendant is ordered to pay sanctions in the amount of $350.00 to Plaintiff’s counsel.
