25 Fla. L. Weekly Supp. 182a
Online Reference: FLWSUPP 2502BONEInsurance — Attorney’s fees — Discovery — Billing records of opposing counsel — If insurer disputes reasonableness of amount of time claimed by medical provider, it must produce timesheets of its own counsel for every stage of litigation
FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, M.D., P.A., as assignee of Don Bonesteel, Plaintiff, v. SOUTHERN-OWNERS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2012-SC-12594. March 23, 2017. Eric H. DuBois, Judge. Counsel: William S. England, Bradford Cederberg, P.A., Orlando, for Plaintiff. William J. McFarlane, III, Coral Springs, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO COMPEL BETTERRESPONSES TO PLAINTIFF’S REQUEST TO PRODUCEREGARDING ATTORNEY’S FEES AND COSTS
THIS MATTER having come before this Honorable Court on Plaintiff’s Motion to Compel Better Fee Request to Produce and this Honorable Court having heard arguments of counsel and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion to Compel Better Fee Request to Produce is Granted.
2. The Supreme Court has held that if an insurer disputes the reasonableness of the amount of time claimed by Plaintiff, then “the 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.
3. Within fifteen (15) days of February 20, 2017, Defendant shall either stipulate that the amount of Plaintiff’s time reflected in Plaintiff’s time records is reasonable, or object to same. If Defendant objects within fifteen (15) days, then 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 ten (10) days after objecting to the reasonableness of Plaintiff’s time.
