16 Fla. L. Weekly Supp. 771a
Online Reference: FLWSUPP 168SANCK
Insurance — Personal injury protection — Discovery — Depositions — Sanctions are imposed on insurer for failing to bring claim notes to deposition
STEVEN A. WILSON, D.C., DABCN, P.A., (As assignee of Joseph Sancken), Plaintiff, vs. LIBERTY MUTUAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 08-04877, Division I. June 12, 2009. Dick Greco, Jr., Judge. Counsel: Timothy A. Patrick, Nicholas & Patrick, P.A., Tampa. Stephanie Valentine.
ORDER GRANTING PLAINTIFF’S MOTION FOR SANCTIONS
THIS CAUSE, having come before the Court on May 14, 2009 on Plaintiff’s Motion for Sanctions, with Timothy Patrick appearing on behalf of Plaintiff and Stephanie Valentine appearing for Defendant. The Court having heard argument of counsel and being fully advised in the premises, it is thereupon:
ORDERED AND ADJUDGED as follows:
1. Plaintiff’s Motion for Sanctions alleged that Defendant failed to bring its claim notes to a Notice of Taking Deposition Duces Tecum of Jay Morales and that Defendant failed to file and schedule a Motion for Protective Order prior to the deposition.
2. Plaintiff’s motion is GRANTED.
3. Plaintiff is entitled to the costs of the court reporter for its attendance, along with the cost of the transcript. If there are any discrepancies in the amounts, the Defendant can file a motion with the court challenging the discrepancy. Defendant has ten (10) days to pay from receiving the court reporting invoice from the Plaintiff.
4. The parties are ordered to complete discovery within ninety (90) days. If the parties are unable to complete discovery within this time frame, either party may file the appropriate motion with the court.
