15 Fla. L. Weekly Supp. 1011a

Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Insurer that failed to attend deposition is ordered to pay sanctions to counsel for medical provider

GULF COAST INJURY CENTER, LLC, (As Assignee of Leslie Mateo-Guzman), Plaintiff, vs. LIBERTY MUTUAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, County Civil Division. Case No. 08-04794, Division L. August 8, 2008. Joelle Ann Ober, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Stephanie Valentine, for Defendant.

ORDER GRANTING PLAINTIFF’S MOTION FOR SANCTIONS

THIS CAUSE having come before the court on July 31, 2008, on Plaintiff’s Motion For Sanctions with Timothy A. Patrick, Esquire for the Plaintiff and Stephanie Valentine, Esquire for the Defendant, and the court having heard argument of counsel, it is hereby ORDERED AND ADJUDGED as follows:

1. Plaintiff’s Motion for Sanctions is HEREBY GRANTED.

2. Defendant failed to provide deposition dates in response to Plaintiff’s request for deposition dates on April 8, 2008.

3. Defendant failed to file and/or set a Motion for Protective Order in response to receiving Plaintiff’s Notice of Taking Deposition Duces Tecum via certificate of service date April 23, 2008.

4. Defendant failed to appear for said deposition on June 12, 2008.

5. The court orders Defendant to pay Plaintiff’s counsel $500.00 in sanctions.

6. The Defendant withdrew its Motion for Summary Judgment which was scheduled for hearing.

7. The court reserves jurisdiction as to Plaintiff’s request for sanctions for having to prepare for Defendant’s Motion for Summary Judgment.