25 Fla. L. Weekly Supp. 983b
Online Reference: FLWSUPP 2511JASMInsurance — Discovery — Depositions — Failure to comply — Insurer that failure to timely provide deposition dates and refused to appear for noticed deposition is sanctioned
SOUTH ORLANDO CHIROPRACTIC CARE, (a/a/o Joel Jasmin) Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 17-CC-022034. January 8, 2018. Christopher Sabella, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, Tampa, for Plaintiff. John Mollaghan, for Defendant.
[Editor’s note: Order on Plaintiff’s second motion for sanctions and Defendant’s motion for sanctions at 2609JASM]
ORDER GRANTING PLAINTIFF’SMOTION FOR SANCTIONS
THIS MATTER having come before the court on December 20, 2017 on Plaintiff’s Motion for Sanctions. Timothy A. Patrick appeared for Plaintiff. John Mollaghan 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 $400 per hour is a reasonable hourly rate for Plaintiff’s counsel. As such, Defendant is ordered to pay two hours of attorney’s fees at the rate of $400 per hour, for a total of $800. Defendant shall also pay the court reporting costs of $125.00. Thus, Defendant must pay Plaintiff’s counsel $ 925 within thirty (30) days of the date of this order.
4. The deposition of Defendant’s Corporate Representative shall occur within sixty (60) days of the hearing date.
