10 Fla. L. Weekly Supp. 357b
Insurance — Discovery — Depositions — Failure to attend — Failure to file and schedule motion for protective order — Sanctions — Insurer is ordered to pay $500 in sanctions to counsel for medical provider
PREFERRED MEDICAL & REHAB, INC., (As assignee of Gonzalo Cruz), Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-11236 SC, Division K. March 7, 2003. Eric R. Myers, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Mary Adkins, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR SANCTIONS
THIS CAUSE came before the Court on February 18, 2003 on Plaintiff’s Motion for Sanctions and Defendant’s Counter-Motion for Sanctions. Present before the court were Plaintiff’s counsel, Timothy A. Patrick, and Defendant’s counsel, Mary E. Adkins. The court, after hearing lengthy argument, rules as follows:
It is ORDERED and ADJUDGED:
(1) There was insufficient action by Defendant subsequent to being provided with a request for deposition dates by Plaintiff and a Notice of Taking Deposition Duces Tecum for Defendant’s adjuster, Christopher Scully.
(2) There was too much lapse in time prior to Defendant taking any action.
(3) The failure to appear by Christopher Scully, along with Defendant’s failure to file and schedule a Motion for Protective Order before the court constitute unacceptable behavior by Defendant.
(4) Defendant is ordered to pay $500.00 in sanctions to Plaintiff’s counsel, Timothy A. Patrick, P.A.
(5) Plaintiff’s Motion for Sanctions is HEREBY GRANTED.
(6) Defendant’s Counter-Motion for Sanctions is HEREBY DENIED.
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