11 Fla. L. Weekly Supp. 455b
Attorney’s fees — Insurance — Personal injury protection — Discovery — Depositions — Where insurer has not honored order preliminary to fees hearing that directed it to respond to disputed items of fees and costs within ten days of receipt of provider/assignee’s affidavit of time and costs, requested deposition of provider’s counsel may be had only by paying counsel his hourly rate
ROBERT MARTINEZ, M.D., P.A. (As assignee of GERARDO PIMIENTA), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, An insurance company authorized to do business in Florida, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 2002-27211 SC. February 16, 2004. Charlotte Anderson, Judge. Counsel: Bradley Souders. Adam Filthaut.
ORDER GRANTING PLAINTIFF’S MOTION FOR PROTECTIVE ORDER AND MOTION FOR ATTORNEY FEES
THIS CAUSE having come before the Court this February 9, 2004 to hearing Plaintiff’s Motion For Protective Order And Motion For Attorney Fees and the Court having heard from respective counsel, having reviewed the record and otherwise being fully advised, it is hereupon:
SPECIFIC FINDINGS:
October 22, 2003, the Court entered Order Preliminary to Mediation/Arbitration/Hearing Motion To Tax Costs And Award Attorney Fees, essentially ordering Plaintiff to provide all items of time and costs and ordering Defendant within ten days later to respond in writing to each disputed item of costs and attorney fees;
October 24, 2003, Plaintiff’s counsel provided the Defendant’s counsel an Affidavit of Counsel of Attorney Fees and Costs, providing detailed reports of time and expenses;
December 1, 2003, Plaintiff’s counsel provided Plaintiff’s Response to Defendant’s Request For Admissions To Plaintiff On Attorney Fees Issues;
December 1, 2003, Plaintiff’s counsel provided Plaintiff’s Response To Defendant’s Request To Produce;
December 7, 2003, Plaintiff’s counsel attended the Court-ordered mediation conference attempting to resolve the attorney fees and costs;
January 5, 2004, Defendant through counsel noticed the Plaintiff’s counsel for Deposition Duces Tecum for February 11, 2004;
January 13, 2004, Defendant served subpoena upon Plaintiff’s counsel commanding he appear for deposition, without pay; and
January 13, 2004, Plaintiff’s counsel contacted the Defendant’s counsel in good faith to resolve the any discovery dispute, without success; and
At all times material, the Defendant has not honored the Order Preliminary to Fees Hearing, previously entered by this Court.
ORDERED AND ADJUDGED the Court GRANTS Plaintiff’s Motion For Protective Order And Motion For Attorney Fees finding pursuant to Rule 1.280(c) of the Florida Rules Of Civil Procedure, the Defendant’s requested deposition of Plaintiff’s counsel may be had only on specified terms (i.e., that the Defendant pay the Plaintiff’s attorney his hourly rate related to the requested deposition).
IT IS FURTHER ORDERED AND ADJUDGED the Court finds the requested hourly rate of $275.00 per hour by Mr. Souders to be a reasonable hourly rate.
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