25 Fla. L. Weekly Supp. 546a

Online Reference: FLWSUPP 2506TERTInsurance — Discovery — Failure to comply — Sanctions — Where insurer notified medical provider at 4:30 p.m. on day before deposition date that its claims adjuster would not be able to attend deposition, motion to compel deposition is granted and attorney’s fees are awarded to provider

MILLENIA CHIROPRACTIC, LLC., (a/a/o Celimene Tertulien), Plaintiff, v. INFINITY AUTO INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2016-SC-018627. August 18, 2017. David P. Johnson, Judge.

ORDER

THIS MATTER having come before the court on August 14, 2017 on Plaintiff’s Motion to Compel Deposition and Motion for Sanctions and Plaintiff’s Motion for Leave to Amend Complaint. Timothy A. Patrick, Esquire appeared for Plaintiff. L. Allen Gaffney, 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. Defendant notified Plaintiff’s counsel at 4:30 PM on June 19, 2017 that its claim adjuster would not be able to appear for a properly noticed deposition on June 20, 2017.

2. Defendant subsequently failed to appear for said deposition on June 20, 2017, to wit, Plaintiff filed a Motion to Compel Deposition and Motion for Sanctions.

3. Plaintiff’s Motion to Compel Deposition, Motion for Sanctions is HEREBY GRANTED.

4. The Defendant is ordered to provide deposition dates of its Underwriting Corporate Representative to Plaintiff’s counsel in writing within ten (10) day of the date of this hearing.

5. The deposition of Defendant’s Corporate Representative shall occur within seventy-five (75) days of the date of this hearing.

6. The court finds that Plaintiff is entitled to sanctions in the form of attorney’s fees in this matter. Plaintiff’s counsel is entitled to two (2) hours of time at his court awarded rate of $500.00 per hour. As such, Plaintiff’s counsel is entitled to sanctions in the total amount of $1,000.00.

7. Defendant has thirty (30) days from the date of this hearing to pay said sanctions to Plaintiff’s counsel.

8. Plaintiff’s Motion for Leave to Amend is HEREBY GRANTED per agreement of the parties.

9. Plaintiff’s Amended Complaint shall be deemed filed on August 14, 2017.

10. Defendant shall have twenty (20) days in which to file a response to said Amended Complaint.