17 Fla. L. Weekly Supp. 34a
Online Reference: FLWSUPP 1701MORAInsurance — Discovery — Depositions — Failure to attend — Sanctions — Where order compelling deposition provided for striking medical provider’s pleadings if provider failed to appear for deposition, and provider failed to appear for deposition, pleadings are stricken
ATLANTIC MEDICAL SPECIALTY, a/a/o Matilde Morales, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 08-00355-sp-05 (01). November 2, 2009. Shelley Kravitz, Judge. Counsel: Neil Gonzalez, for Plaintiff. George Milev, for Defendant.
ORDER
THIS CAUSE having come before the Court pursuant to the September 29, 2009 Order issued by this Court and Plaintiff’s failure to appear for a Court Ordered deposition, the Court hereby:
FINDS, ORDERS AND ADJUDGES as follows:
1. On September 29, 2009 this Court issued an Order compelling the deposition of Plaintiff within 20 days of the Order on a Wednesday, Thursday or Friday at a court reporter’s office and ordered payment of $250.00 in previously imposed sanctions to occur at the time of the deposition. Further, the September 29, 2009 Order provided for striking of Plaintiff’s pleadings without a hearing or a motion should Plaintiff fail to appear for the deposition.
2. Plaintiff failed to appear for the deposition scheduled for Thursday, October 8, 2009 pursuant to the September 29, 2009 Court Order.
3. Plaintiff’s pleadings are hereby STRICKEN.
4. The Court reserves jurisdiction on the issues of Defendant’s attorney’s fees and costs, and the $250.00 in sanctions previously imposed on Plaintiff.
