26 Fla. L. Weekly Supp. 311a
Online Reference: FLWSUPP 2604MGUEInsurance — Discovery — Failure to comply — Sanctions — Where insurer responded to discovery more than 200 days after deadline imposed in agreed order, any and all objections to discovery other than privilege have been waived — Insurer is ordered to serve amended discovery response without asserting objections other than privilege — Monetary sanctions imposed
COQUI ENTERPRISE CORP FORMERLY d/b/a PREMIER HEALTH CENTER OF DORAL (a/a/o Guerrero, Marilu), Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2017 8748 CC 23. June 28, 2018. Linda Singer Stein, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff. Cristina Lombillo, Staff Counsel for Windhaven Insurance Company, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTIONTO ENFORCE COURT ORDER AND AWARDING SANCTIONS
THIS CAUSE came before the Court on June 26, 2018 upon Plaintiff’s Motion to Enforce Court Order and for an Award of Sanctions, and the Court having considered the motion, having heard argument of counsel and being otherwise fully advised, it is hereby
ORDERED that Plaintiff’s motion is GRANTED, for the following reasons:
On October 12, 2017, Plaintiff propounded discovery requests to Defendant, consisting of an Initial Request to Produce and Initial Interrogatories (the “discovery”). On October 13, 2017, the Court entered an Agreed Order (the “Agreed Order”), requiring Defendant to respond to the discovery within forty (40) days, including production of documents. On November 13, 2017, Defendant filed a motion for extension of time, seeking an additional forty-five (45) days to respond to the discovery.
As of January 31, 2018, when Defendant had still not responded to the discovery or provided responsive documents, Plaintiff filed its motion to enforce court order and for sanctions. As of April 20, 2018, when Plaintiff and Defendant mutually coordinated the hearing on Plaintiff’s motion to enforce court order and for sanctions, Defendant had still not responded to the discovery or provided responsive documents. The day prior to the hearing (more than 200 days after the deadline imposed by the Agreed Order), Defendant served its discovery responses.
Any and all objections to the discovery, other than privilege, have been waived by virtue of the Defendant’s failure to lodge any timely objections. American Funding, Ltd. v. Hill, 402 So.2d 1369 (Fla. 1st DCA 1981); Insurance Co. of North America v. Nova, 398 So.2d 836 (Fla. 5th DCA 1981); Hollywood Pain & Rehab Center, Inc. (a/a/o Ospina, Carlos) v. GEICO General Ins. Co., 23 Fla. L. Weekly Supp. 576a (Broward County, September 29, 2015); Air & Water Technology, Inc. v. Advanced Construction Services Group, 21 Fla. L. Weekly Supp. 155b (Miami-Dade County, November 6, 2013).
Accordingly, within twenty (20) days from June 26, 2018, Defendant shall serve amended discovery responses, without asserting objections other than privilege.
FURTHER ORDERED that sanctions in the amount of $800 (2 hours @ $400/hour) are hereby awarded, payment to be made by the Defendant forthwith.
