22 Fla. L. Weekly Supp. 269a
Online Reference: FLWSUPP 2202AMANInsurance — Attorney’s fees — Discovery — Admissions and documents
PHOENIX EMERGENCY MEDICINE OF BROWARD, LLC, as assignee of Cherryl Amann, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2013-SC-1864. August 28, 2014. Faye L. Allen, Judge. Counsel: David B. Alexander, Orlando, for Plaintiff. Matthew Corker, Orlando, for Defendant.
ORDER
THIS MATTER having come before this Honorable Court on Plaintiff’s Motion to Permit Excess Request for Admissions Regarding Attorney’s Fees and Costs and Plaintiff’s Motion to Compel Better Responses to Plaintiff’s Request to Produce Regarding Attorney’s Fees and Costs and this Honorable Court having heard arguments of counsel on August 22, 2014 and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion to Permit Excess Request for Admissions Regarding Attorney’s Fees and Costs is GRANTED. Defendant shall serve and file responses to Plaintiff’s Request for Admissions Regarding Attorney’s Fees and Costs bearing certificate of service date February 27, 2014, no later than August 28, 2014.
2. Plaintiff’s Motion to Compel Better Responses to Plaintiff’s Request to Produce Regarding Attorney’s Fees and Costs is hereby GRANTED in part and DENIED in part.
3. Plaintiff’s Motion is GRANTED as to all Defense counsel time sheets in this matter. Defendant shall produce to Plaintiff all Defense attorney, paralegal, assistant and/or secretary time sheets related to this PIP case, with all privileged mental impressions and opinions of counsel redacted, no later than September 2, 2014.
4. Plaintiff’s Motion is DENIED WITHOUT PREJUDICE as to copies of all invoices submitted to the Defendant by counsel for the Defendant for work performed related to this case. Following receipt of Defendant’s time sheets, if necessary, Plaintiff can readdress same with the Court.
5. Plaintiff’s Motion is DENIED WITHOUT PREJUDICE as to copies of all checks (payments) written for services rendered by counsel for Defendant on behalf of Defendant related to this case. Following receipt of Defendant’s time sheets, if necessary, Plaintiff can readdress same with the Court.
6. As a result of Defendant having no objections to the amount of costs being sought by the Plaintiff in this matter, Plaintiff’s Motion is DENIED as to documentation which shows all case costs expended by Defendant related to this case.
7. Plaintiff’s Motion is GRANTED as to any and all documentation Defendant intends to rely on at the hearing on Plaintiff’s Motion For Attorney’s Fees and Costs in this case, including but not limited to, any and all information to support Defendant’s position that Plaintiff’s attorney is not entitled to a contingency risk multiplier. Defendant shall produce said documentation/information to Plaintiff no later than October 1, 2014.
8. Plaintiff’s Motion is GRANTED as to the resume, CV or any other biographical documentation on the attorney fees expert Defendant expects will testify. Defendant shall produce said documentation/information to Plaintiff no later than October 1, 2014.
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