24 Fla. L. Weekly Supp. 994b

Online Reference: FLWSUPP 2411PEREInsurance — Discovery — Depositions — Failure to provide deposition dates and attend noticed deposition — Sanctions

GUARDIAN ANGEL HEALTH SERVICES, INC., (a/a/o Rossani Perez), Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 16-CC-008888. January 23, 2017. Gaston J. Fernandez, Judge.

ORDER GRANTING PLAINTIFF’S MOTION TOCOMPEL DEPOSITION AND MOTION FOR SANCTIONS

THIS MATTER having come before the court on January 18, 2017 on Plaintiff’s Motion to Compel Deposition and Motion for Sanctions. Timothy A. Patrick, Esquire appeared for Plaintiff. Daniel Smith, Esquire and John Mollaghan, Esquire appeared for Defendant. The court having reviewed the file, considered the motion, the arguments presented by Plaintiff’s counsel, applicable law, and being otherwise fully advised, finds,

1. Plaintiff’s Motion to Compel Deposition is HEREBY GRANTED.

2. The deposition of Defendant’s Corporate Representative shall occur within thirty (30) days of the date of this hearing.

3. Plaintiff’s Motion for Sanctions is based upon Defendant’s failure to provide deposition dates, along with Defendant’s subsequent failure to appear for a properly noticed deposition on December 6, 2016. Plaintiff’s Motion for Sanctions is HEREBY GRANTED.

4. The court finds that Plaintiff is entitled to sanctions in the form of attorney’s fees and costs. The Plaintiff filed an affidavit of its attorney’s fees and costs expended in this matter, which reflected 3.8 hours, along with costs in the amount of $125.00. Plaintiff is entitled to 3.8 hours at the rate of $300.00 per hour, along with its costs.