11 Fla. L. Weekly Supp. 567a
Attorney’s fees — Insurance — Personal injury protection — Discovery — Insurer is ordered to produce documentation of time expended by its counsel — Depositions — Provider/assignee may depose insurer’s claims adjuster regarding matters pertaining to issue of contingency risk multiplier — Deposition of provider’s counsel is to be taken at attorney’s office, not at court reporter’s office as noticed
PHYSICIANS HEALTH CENTER (Dr. Carol Bartholomew, D.C.) As Assignee of JOSEPH SUTERA, Plaintiff, vs. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant. County Court, 5th Judicial Circuit in and for Marion County. Case No. 03-2632-SC. November 20, 2003. Frances S. King, Judge. Counsel: Steven G. Rogers, Ocala. Brad Killinger, Ocala.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL AND MOTION FOR PROTECTIVE ORDER
THIS CAUSE, having come before the Court to be heard on the Plaintiff’s Motion to Compel and Plaintiff’s Motion for Protective Order, and the Court having considered the same, and heard arguments from counsel for both the Plaintiff and the Defendant, it is therefore
ORDERED AND ADJUDGED AS FOLLOWS:
1. The Plaintiff’s Motion to Compel the production of the Defendant’s time records is GRANTED. The Defendant is therefore ordered to provide to Plaintiffs counsel any and all documentation evidencing the time expended by the law firm of Cameron, Hodges, Coleman, LaPointe and Wright in defending this claim.
2. Plaintiff’s counsel shall be entitled to depose Defendant’s claims adjuster prior to the hearing on Plaintiff’s Motion for Attorney’s Fees and Costs for the purpose of inquiry into matters which relate to the Court’s consideration of a contingency fee multiplier in this case.
3. The Plaintiff’s Motion for Protective Order pertaining to the Defendant’s Notice of Taking Deposition of the Plaintiff’s counsel at a Court Reporter’s office is GRANTED. The Defendant shall be entitled to take the deposition of Plaintiff’s counsel pertaining to matters which relate to the issue of attorney’s fees and costs, however said deposition shall occur at the office of Plaintiff’s counsel and not at the Court Reporter’s office as previously noticed by the Defendant.
4. The Court continues to reserve jurisdiction as to the award of Plaintiff’s attorney’s fees and costs in this case.
* * *
