15 Fla. L. Weekly Supp. 916b
Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Attorney’s fees and court reporter fee
ST. GERMAIN CHIROPRACTIC, P. A., as assignee of KATHERINE THILBURG, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 07-SC-5323. June 26, 2008. Antoinette Plogstedt, Judge. Counsel: David Daugherty. George Milev, Adams & Diaco, P.A., Tampa.
ORDER ON DEFENDANT’S MOTIONS
This Cause having come before the Court on June 16, 2008 on Defendant’s Motion to Compel Depositions and Motion for Sanctions, Defendant and Plaintiff having appeared through counsel, having presented arguments, and this Court having reviewed the record and being otherwise duly advised in the premises, the Court hereby FINDS, ORDERS AND ADJUDGES as follows:
1. This is an action for an alleged breach of automobile insurance contract.
2. Defendant scheduled with Plaintiff the deposition of Marie Cayo, D.C., treating doctor for Katherine Thilburg, to occur on February 19, 2008 at Plaintiff’s attorney’s office.
3. Marie Cayo, D.C., failed to appear for said deposition scheduled to take place on February 19, 2008.
4. Pursuant to Rule 1.380, Defendant’s Motion for Sanctions is GRANTED.
5. Plaintiff shall pay $75 to Defendant to cover the cost of the court reporter for the deposition on February 19, 2008 within 60 days of the hearing.
6. The Court finds that reasonable hourly rate for George Milev, counsel for Defendant, is $300.
7. Plaintiff shall pay $300 to Defendant for an hour of Defendant counsel’s time for having to prepare for said deposition within 45 days of the hearing.
8. Defendant’s Motion to Compel Deposition of Patrick St. Germain, D.C., is GRANTED.
9. Plaintiff shall provide Defendant with deposition dates for Dr. St. Germain within 45 days of the hearing.
10. Defendant’s Motion to Compel Deposition of Marie Cayo, D.C., is GRANTED.
11. Plaintiff shall provide Defendant with deposition dates for Dr. Cayo within 45 days of the hearing.
