25 Fla. L. Weekly Supp. 827b

Online Reference: FLWSUPP 2509TORRInsurance — Discovery — Failure to comply — Sanctions — Insurer that failed to provide deposition dates or appear for noticed deposition is ordered to pay attorney’s fees and court reporting costs

NOVA CARE REHAB SERVICES, INC. (a/a/o Carlos E. Torres), Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 17-CC-001564. November 21, 2017. Joelle Ann Ober, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff. Birdy Vanusupa, for Defendant.

ORDER GRANTING PLAINTIFF’SMOTION FOR SANCTIONS

THIS MATTER having come before the court on November 15, 2017 on Plaintiff’s Motion for Sanctions. Timothy A. Patrick appeared for Plaintiff. Birdy Vanusupa 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 for Sanctions alleges that Defendant failed to timely provide deposition dates and that Defendant subsequently refused to appear for a noticed deposition. Defendant did not file or schedule a Motion for Protective Order.

2. The court finds that this Defendant has been similarly sanctioned for this same type of conduct on numerous occasions by Hillsborough County courts.

3. Plaintiff’s Motion for Sanctions is HEREBY GRANTED. Defendant is ordered to pay sanctions to Plaintiff’s counsel. This court finds that $500.00 is a reasonable hourly rate for Plaintiff’s counsel. As such, Defendant is ordered to pay two (2) hours of attorney’s fees at the rate of $500.00 per hour, for a total of $1,000.00. Defendant shall also pay the court reporting costs of $125.00. Thus, Defendant must pay Plaintiff’s counsel $1,125.00 within thirty (30) days of the date of this order.

4. The deposition of Defendant’s Corporate Representative shall occur within sixty (60) days