24 Fla. L. Weekly Supp. 150b
Online Reference: FLWSUPP 2402ISMAInsurance — Discovery — Failure to comply — Sanctions — Attorney’s fees and costs
PHOENIX EMERGENCY MEDICINE OF BROWARD, LLC, as assignee of Alexandra Ismael, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2013-SC-7361. April 19, 2016. Martha C. Adams, Judge. Counsel: David B. Alexander, Bradford Cederberg, Orlando, for Plaintiff. Matthew Corker, Orlando, for Defendant.
AGREED 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 January 7, 2015 and Defendant Motion to Vacate Hearing Order and this Honorable Court having reviewed the motions 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 Comply with Court Order Executed on January 7, 2015 is hereby GRANTED in part.
2. The Court finds that Defendant, State Farm Mutual Automobile Insurance Company failed to comply with the Court’s Order executed on January 7, 2015 in this matter.
3. Pursuant to Fla. R. Civ. P. 1.380(b), the Court finds that Plaintiff is hereby entitled to all attorney’s fees and costs expended by counsel for Plaintiff associated in anyway with Defendant’s failure to comply with the Court’s Order executed on January 7, 2015. The Court hereby reserves ruling as to the amount of said attorney’s fees and costs. The Plaintiff is permitted to schedule a hearing to determine the attorney’s fees and costs amount prior to the conclusion of this lawsuit and regardless of the final outcome of this litigation, Plaintiff shall be entitled to said attorney’s fees and costs against Defendant and this Court retains complete jurisdiction to determine said amount.
4. The deposition of Defendant’s Corporate Representative pursuant to Fla. R. Civ. P. 1.310(b)(6) shall be coordinated by the parties within ten (10) days from the date of this Order and shall occur within a reasonable time from the date of this Order. If the Defendant fails to coordinate the deposition of Defendant’s Corporate Representative or if the Defendant fails to produce its Corporate Representative for deposition as noted, Plaintiff may file yet another motion for sanctions and the Court will entertain additional sanctions, including but not limited to striking of Defendant’s pleadings from the record without further hearing.
5. Defendant has agreed that Defendant no longer wishes to take the deposition of Plaintiff’s Corporate Representative or anyone associated with Plaintiff surrounding the date of loss and date of service at issue in this matter. Therefore, Defendant shall not be permitted to take the deposition of Plaintiff in this matter.
6. Defendant Motion to Vacate Hearing Order is hereby DENIED.
