24 Fla. L. Weekly Supp. 636a
Online Reference: FLWSUPP 2408COOPInsurance — Attorney’s fees — Discovery — Insurer is ordered to produce list of all documentation on which it intends to rely at hearing on medical provider’s motion for attorney’s fees and costs, resumé of insurer’s attorney’s fees expert, and billing records of insurer’s counsel
EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP as assignee of Jonathan Cooper, Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2012-SC-12076. November 18, 2016. Steve Jewett, Judge. Counsel: David B. Alexander, Bradford Cederberg, Orlando, for Plaintiff. Jonathan J. Warrick, for Defendant.
[Editor’s Note: Related Opinion 21 Fla. L. Weekly Supp. 572a]
ORDER ON PLAINTIFF’S MOTION TO COMPELCOMPLETE AND/OR BETTER RESPONSES TOPLAINTIFF’S REQUEST TO PRODUCEREGARDING ATTORNEY’S FEES AND COSTS
THIS MATTER having come before this Honorable Court on Plaintiff’s Motion to Compel Complete and/or Better Responses to Plaintiff’s Request to Produce Regarding Attorney’s Fees and Costs, bearing certificate of service dated October 19, 2016, and this Honorable Court having heard argument of counsel on October 27, 2016 and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion to Compel Complete and/or Better Responses to Plaintiff’s Request to Produce Regarding Attorney’s Fees and Costs is hereby GRANTED as to numbers one (1), three (3), and four (4).
2. As to request number one (1), USAA CASUALTY INSURANCE COMPANY (“Defendant”), shall produce to EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP as assignee of Jonathan Cooper (“Plaintiff”) a list of any and all documentation Defendant intends to rely on at the December 2, 2016 hearing on Plaintiff’s Motion For Attorneys’ Fees and Costs and Plaintiff’s Motion to Tax Appellate Attorney’s Fees in this case no later than November 21, 2016.
3. As to request number three (3), Defendant shall produce to Plaintiff the resume, CV or any other biographical documentation on the attorney fees expert(s) Defendant expects will testify on behalf of the Defendant at the December 2, 2016 hearing on Plaintiff’s Motion For Attorneys’ Fees and Costs and Plaintiff’s Motion to Tax Appellate Attorney’s Fees in this case no later than November 11, 2016.
4. “[T]he billing records of opposing counsel are relevant to the issue of reasonableness of time expended in a claim for attorney’s fees, and their discovery falls within the discretion of the trial court when the fees are contested.” See Paton v. Geico General Ins. Co., 190 So. 3d 1047 (Fla. 2016) [41 Fla. L. Weekly S115a]. Hence, “the billing records of the defendant insurance company are relevant” in this matter. Id. Said records will “demonstrate the complexity of the case along with the time expended, and may belie a claim that the number of hours spent by the plaintiff was unreasonable, or that the plaintiff is not entitled to a full lodestar computation . . .” Id. As a result, as to request number four (4), Defendant shall produce to Plaintiff any and all attorney, paralegal assistant and/or secretary time sheets from each and every stage of litigation in this matter wherein Defendant had representation, from filing of Plaintiff’s Complaint to present, which shall include description of each task performed, date each task was performed, individual who performed each task, and the amount of time spent on each task, with all attorney-client and work-product privileged notations redacted no later than November 11, 2016.
5. The Court hereby takes no action at this time on request numbers two (2), five (5), six (6), and seven (7).
