18 Fla. L. Weekly Supp. 287a
Online Reference: FLWSUPP 1803CARTInsurance — Discovery — Depositions — Sanctions are imposed on insurer that failed to bring to deposition claim file and notes listed in notice of taking deposition and failed to schedule motion for protective order for hearing prior to deposition — Mediation — Sanctions are imposed on insurer for failure to comply with order requiring named defendant to appear at mediation
MARIA CARTAYA and ADRIANA SANCHEZ-ARIAS, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant. Circuit Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 10-CA-011945, Division: C. January 6, 2011. Honorable James M. Barton, II, Judge. Counsel: Timothy Patrick, for Plaintiff. Scott Hunter, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTIONS FOR SANCTIONS
THIS CAUSE, having come before the Court on December 29, 2010, on Plaintiff’s two (2) Motions for Sanctions, with Timothy Patrick appearing on behalf of Plaintiff and Scott Hunter appearing for Defendant. The Court having heard argument of counsel, being fully advised in the premises, rules for the reasons stated on the record, it is thereupon:
ORDERED AND ADJUDGED as follows:
1. Plaintiff’s Motion for Sanctions and Motion to Strike alleged that Defendant failed to bring its claim file and claim notes pursuant to a Notice of Taking Deposition Duces Tecum of Kevin Caswell and that Defendant failed to schedule for hearing its Motion for Protective Order prior to the deposition.
2. The court finds Plaintiff’s motion to be well taken. As such, Plaintiff’s Motion for Sanctions and Motion to Strike is HEREBY GRANTED.
3. Plaintiff’s Second Motion for Sanctions alleged that while Defendant’s counsel appeared at Mediation, the court order required the named party Defendant to personally appear at Mediation.
4. The court finds Plaintiff’s motion to be well taken. As such, Plaintiff’s Second Motion for Sanctions is HEREBY GRANTED.
5. Although not noticed for hearing, the court heard Defendant’s Motion for Protective Order. Said motion is granted in part and denied in part to the following extent: The Defendant is required to bring its entire claim file and claim notes to the re-scheduled deposition of Kevin Caswell, which shall occur within thirty (30) days of today’s date. The Defendant is not required to produce any documents which contain any alleged privileged information. The court will address any disputes regarding privileged documents.
6. Plaintiff’s counsel is entitled to sanctions for three (3) hours of attorney’s fees at the rate of $300.00 per hour for a total of $900.00
7. Plaintiff’s counsel is entitled to the court reporting costs of $168.80 for the deposition of Kevin Caswell.
8. Plaintiff’s counsel is entitled to its mediation costs in the amount of $125.00.
9. Defendant has thirty (30) days from today’s date to pay the total sanctions in the amount of $1,193.80 to Plaintiff’s counsel.
10. The re-scheduled mediation shall occur within forty-five (45) days of the deposition of Kevin Caswell.
