26 Fla. L. Weekly Supp. 687a
Online Reference: FLWSUPP 2608PENNInsurance — Discovery — Depositions — Plaintiff has right to take deposition of corporate representative who filed affidavit in support of summary judgment — Plaintiff’s motion to continue summary judgment hearing is granted, and insurer’s motion for protective order regarding deposition is denied
CIELO SPORTS & FAMILY CHIROPRACTIC CENTRE, LLC., a/a/o Bryan Pennington, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 18-CC-031943. October 12, 2018. Jared Smith, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff. Jesse Groves, for Defendant.
ORDER DENYING DEFENDANT’S MOTION FORPROTECTIVE ORDER AND GRANTINGPLAINTIFF’S MOTION FOR CONTINUANCE
THIS MATTER having come before the court on October 8, 2018 on the parties competing Motions. The court having considered the arguments presented by the parties, applicable statutes and case law, and being otherwise fully advised, finds,
1. Defendant filed its Motion for Summary Judgment, along with an affidavit of Christopher Alonso in support thereof.
2. Defendant noticed its Motion for Summary Judgment for hearing on October 8, 2018 at 2:00 PM.
3. Plaintiff noticed the deposition of Defendant’s Corporate Representative for October 25, 2018 at 11:30 AM.
4. Defendant filed a Motion for Protective Order asserting that said deposition was not reasonably calculated to lead to the discovery of admissible evidence.
5. Plaintiff filed a Motion to Strike and Motion for Continuance as to the hearing on Defendant’s Motion for Summary Judgment asserting that discovery was still pending and that Plaintiff had a right to conduct the deposition of Christopher Alonso.
6. The court finds that a party has the right to test the personal knowledge of an affiant who files an affidavit in support of summary judgment.
7. Defendant’s Motion for Protective Order is HEREBY DENIED.
8. Plaintiff’s Motion for Continuance is HEREBY GRANTED.
