21 Fla. L. Weekly Supp. 97b
Online Reference: FLWSUPP 2101TRICInsurance — Personal injury protection — Discovery — Depositions — Sanction imposed for insurer’s inclusion of requests in subpoena duces tecum that were not included in notice of taking deposition
WILLIAM J. GOGAN, M.D. (a/a/o Tara Ricks), Plaintiff, vs. USAA GENERAL INDEMNITY COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 10-16026 COCE 55. September 18, 2013. Sharon L. Zeller, Judge. Counsel: Tara L. Kopp, LaBovick Law Group, Palm Beach Gardens, for Plaintiff. Reuven T. Herssein, for Defendant.ORDER
THIS CAUSE having come on to be heard on Plaintiff’s Corrected Motion for Protective Order as to the Deposition of Katie Gogan and for Sanctions and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon,
ORDERED AND ADJUDGED that said Motion be, and the same is hereby
Granted. Deposition of Katie Gogan shall occur within 60 days in Broward County.* The language in the Duces Tecum shall match verbatim the language in the 8/23/13 Notice of Deposition. In addition, the Court finds Defendant’s conduct in including additional requests in the subpoena that was not included in the Notice of Taking Deposition to be sanctionable by the Court. Based on the ruling, the Court awards fees to the Plaintiff to be paid by the Defendant, inclusive of travel expenses. The Court reserves jurisdiction as to the amount to be determined either by affidavit or hearing scheduled for a later date.
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*Shall be mutually coordinated.
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