22 Fla. L. Weekly Supp. 941a
Online Reference: FLWSUPP 2208AGUAInsurance — Discovery — Depositions — Failure to attend — Sanctions — Attorney’s fees and court reporter costs
PHOENIX EMERGENCY MEDICINE OF BROWARD, LLC, as assignee of Vanessa Aguayo, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2012 23158 CONS. September 16, 2014. Order on Motion for Sanctions November 19, 2014. Shirley A. Green, Judge. Counsel: David B. Alexander, Orlando, for Plaintiff. Matthew Corker, Orlando, for Defendant.
ORDER ON PLAINTIFF’S MOTION FORSANCTIONS AGAINST DEFENDANT, STATE FARMMUTUAL AUTOMOBILE INSURANCE COMPANYFOR FAILURE TO APPEAR AT A DEPOSITION
THIS MATTER having come before this Honorable Court on Plaintiff’s Motion for Sanctions Against Defendant, State Farm Mutual Automobile Insurance Company for Failure to Appear at a Deposition and this Honorable Court having heard arguments of counsel on September 16, 2014 and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion for Sanctions Against Defendant, State Farm Mutual Automobile Insurance Company for Failure to Appear at a Deposition is hereby GRANTED.
2. Defendant’s adjuster failed to attend a deposition in this matter that was properly coordinated by the parties in May of 2013 and noticed to occur on September 4, 2013. Plaintiff obtained a Certificate of Non-Appearance and has filed same with the Court. As a result of this failure to attend a duly coordinated and noticed deposition, Defendant shall pay to Plaintiff’s counsel the Court Reporter costs associated with the failed September 4, 2013 deposition of Defendant’s adjuster within thirty (30) days of the date of this order.
3. Further, as a result of this failure to attend a duly coordinated and noticed deposition in this matter, should Plaintiff prevail in this matter Defendant shall not be permitted to challenge Plaintiff’s entitlement to 2.0 hours of attorney time expended by David Alexander, Esq. in preparing for the failed September 4, 2013 deposition in this matter.
4. The deposition of Defendant’s adjuster shall be coordinated within thirty (30) days of this Order and shall occur within one hundred and fifty (150) days of this Order.
__________________ORDER
THIS MATTER having come before this Honorable Court on Plaintiff’s Motion For Sanctions Against Defendant, State Farm Mutual Automobile Insurance Company For Failure to Comply with Court Order Executed on September 16, 2014 and Motion to Strike Defendant’s Pleadings and this Honorable Court being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion for Sanctions Against Defendant, State Farm Mutual Automobile Insurance Company For Failure to Comply with Court Order Executed on September 14, 2014 [published below] and Motion to Strike Defendant’s Pleadings is hereby GRANTED.
2. Defendant has 30 days to comply with the courts previous order of 9/16/14 or the court will strike Defendant’s pleading and enter a default.
* * *
