12 Fla. L. Weekly Supp. 866c
Insurance — Personal injury protection — Discovery orders — Failure to comply — Sanctions — Insurer’s motion to dismiss for failure to comply with order to produce better answers to interrogatories and responses to request for production is denied in part, and production of better responses and answers is ordered — Insurer is awarded attorney’s fees for bringing motion
SAPIEN DIAGNOSTICS, INC., on behalf of CESAR OJEDA, Plaintiff, vs. LINCOLN GENERAL INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Small Claims Division. Case No. 04-004011-SC-NPC. June 20, 2005. Dorothy L. Vaccaro, Judge. Counsel: Kimberly A. Sandefer, Gale L. Young, P.A., Tampa. R. Stanley Gipe.
ORDER ON DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO COMPLY WITH DISCOVERY ORDER
THIS CAUSE, having come on before this Court on June 1, 2005, upon the Defendant’s Motion to Dismiss for Failure to Comply with Discovery Order. Present before the Court were attorneys for Plaintiff and Defendant. After hearing argument of counsel and being otherwise duly advised in the premises, the Court finds Plaintiff violated thisCourt’s order of February 14, 2005, by failing to produce better/sufficient answers to Interrogatories and responses to the Request to Produce as ordered on February 14, 2005. It is thereupon,
ORDERED AND ADJUDGED that:
Defendant’s Motion to Dismiss for Failure to Comply with Discovery Order is DENIED IN PART. With respect to the Request to Produce, Plaintiff shall produce the documents or amend its response to Request to Produce Numbers 16 and 17, and Plaintiff shall withdraw its objection to Request to Produce Number 30 and produce the documents or amend its response to Number 30. With respect to the Interrogatories, Plaintiff shall provide a better answer to Interrogatory Number 5 and provide the name of person who submitted bills to Defendant. Plaintiff shall also provide a better answer to Interrogatory Number 7 and provide the name of its source(s) for the information set forth in Plaintiff’s Supplemental Response to Interrogatory Number 5 which was served on Defendant on June 1, 2005. Plaintiff shall also provide a better answer to Interrogatory Number 8 and provide in detail the facts upon which Plaintiff relies to support Plaintiff’s contention that the cost of the medical services or treatment rendered to Abigail Ojeda was reasonable. Plaintiff shall provide said better responses to the Request to Produce and better answers to the Interrogatories within ten (10) days from the date of the hearing held on June 1, 2005.
IT IS FURTHER ORDERED AND ADJUDGED, that Defendant’s request for an award of attorney’s fees for bringing its Motion to Dismiss before this Court is hereby GRANTED, with the Court reserving jurisdiction to determine the amount of attorney’s fees to be awarded.
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