15 Fla. L. Weekly Supp. 1031b
Insurance — Personal injury protection — Discovery — Depositions — Failure to comply — Sanctions — Where counsel for medical provider violated multiple court orders by obstructing two attempted depositions of corporate representative, insurer is awarded attorney’s fees and costs of depositions — If counsel for provider fails again to comply with court orders at deposition of representative, court will entertain more severe sanctions, including striking of pleadings and dismissal
ST. GERMAIN CHIROPRACTIC, P.A., as assignee of Timothy Couch, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02-SC-000586. August 21, 2008. Donald L. Marblestone, Judge. Counsel: Valencia Percy Flakes, Masten, Lyerly, Peterson, Denbo & Gobel, LLC, Maitland. Brian Coury, Coury Law Firm, Lake Mary.
ORDER ON DEFENDANT’S MOTION FOR CONTEMPT AND FOR SANCTIONS, OR INTHE ALTERNATIVE, MOTION TO DISMISS
THIS CAUSE came before the Court on July 29, 2008, upon Defendant’s Motion for Contempt and for Sanctions or in the Alternative, Motion to Dismiss and the Court having heard argument of counsel, and being otherwise fully advised in the premises, hereby finds as follow:
1. Plaintiff filed a Complaint on or about February 22, 2002, seeking the payment of personal injury protection benefits for medical services provided to Timothy Couch.
2. Counsel for Defendant has attempted to take the deposition of the corporate representative with the most knowledge regarding the care and treatment of Timothy Couch for several years.
3. On or about March 15, 2007, this Court denied Plaintiff’s Motion for Protective Order and ordered Plaintiff’s corporate representative to appear for a deposition within 60 days from the date of the Order. At the hearing, Plaintiff argued that the deposition should be limited to questions regarding the one date of treatment the Plaintiff contended was the only issue in this case. This Court denied Plaintiff’s Motion and refused to limit the corporate representative’s deposition.
4. At the deposition of the corporate representative on August 15, 2007, both Counsels for Plaintiff obstructed the deposition by refusing to allow the deponent to answer simple background questions. In addition, plaintiff’s counsel was argumentative and attempted to advise counsel for Defendant which questions she could ask of his client. The deposition had proceeded for only twenty (20) minutes before it was terminated.
5. On or about September 6, 2007, Defendant filed a Motion for Sanctions and Motion for Contempt. This Court held a hearing on Defendant’s Motion on March 13, 2008, and ordered that Plaintiff’s corporate representative with the most knowledge of the medical treatment appear for a deposition within 30 days of the hearing and specifically instructed the witness to answer all questions posed with the exception of privilege.
6. On or about April 10, 2008, counsel for Defendant attempted again to take the deposition of the corporate representative with the most knowledge of the care and treatment of Timothy Couch. Once again, counsel for Plaintiff obstructed the deposition by repeatedly interrupting, making inappropriate objections, posing improper questions to Defendant’s counsel and instructing his client not to answer.
7. For the second time and in violation of two Court Orders, Counsel for Plaintiff obstructed the deposition of the corporate representative with the most knowledge of the care and treatment of Timothy Couch and has successfully impeded Defendant’s ability to conduct discovery.
8. Because counsel for Plaintiff has now deliberately violated two Orders of this Court and continues to engage in tactics designed to thwart Defendant’s ability to conduct discovery, it is
ORDERED AND ADJUSTED THAT:
Defendant’s Motion for Contempt and for Sanctions or in the Alternative, Motion to Dismiss is hereby GRANTED IN PART. 1. Defendant is granted entitlement to attorney’s fees and costs for the two “attempted” depositions and two hearings that was necessary to compel the Plaintiff’s corporate representative with the most knowledge of the care and treatment of Timothy Couch for deposition. The Court will conduct another hearing to determine the amount of attorney’s fees and costs to which the Defendant is entitled.
2. The Plaintiff shall produce its corporate representative with the most knowledge of the care and treatment of Timothy Couch for deposition within thirty (30) days from the hearing on July 29, 2008.
3. The corporate representative must be ready to answer all questions posed by Defendant with the exception of questions that involve privilege.
4. Should counsel for Plaintiff fail, yet again, to comply with this Court’s Order, the Court will entertain more severe sanctions including but not limited to, the striking of the pleadings and/or dismissal of the case.
