27 Fla. L. Weekly Supp. 907a
Online Reference: FLWSUPP 2710TRUJInsurance — Discovery — Depositions — Failure to appear — Sanctions — Where insurer failed to appear for three depositions and did not file or schedule motion for protective order prior to first two depositions, motion for sanctions is granted — Motion for protective order is denied
NATASHA TRUJILLO, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 18-CC-042392. October 21, 2019. Joelle Ann Ober, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff. John Mollaghan and Sean Greenwalt, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTIONS FORSANCTIONS, GRANTING PLAINTIFF’S MOTION TOCOMPEL DISCOVERY AND DENYING DEFENDANT’SMOTION FOR PROTECTIVE ORDER ANDMOTION FOR EXTENSION OF TIME
THIS MATTER having come before the court on September 18, 2019 on Plaintiff’s Motion for Sanctions, Defendant’s Motion for Protective Order, Plaintiff’s Motion to Compel Discovery and Plaintiff’s Objection to Defendant’s Motion for Entry of Final Judgment. Timothy A. Patrick appeared for Plaintiff. John Mollaghan and Sean Greenwalt appeared for Defendant. The court having reviewed the file, considered the motions, the arguments presented by counsel, applicable law, and being otherwise fully advised, finds,
1. Plaintiff’s Motions for Sanctions allege that Defendant failed to timely provide deposition dates and that Defendant subsequently refused to appear for three (3) noticed deposition. Defendant did not file or schedule a Motion for Protective Order prior to the first two (2) depositions.
2. The court finds that a Motion for Protective Order must not only be filed prior to a noticed deposition, but that a party must take all measures to set said motion for hearing with the Court prior to the deposition, including on an emergency basis if necessary. The 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 one (1) hour of attorney’s fees. Defendant shall also pay the unpaid court reporting costs of $125.00. Thus, Defendant must pay Plaintiff’s counsel $625.00 within thirty (30) days of the hearing date.
4. Defendant’s Motion for Protective Order seeks protection from having to respond to discovery, having to produce its claim file and having its Corporate Representative(s) submit to depositions.
4. Defendant’s Motion for Protective Order and Defendant’s Motion for Extension of Time are HEREBY DENIED. The deposition of Defendant’s Corporate Representative shall occur within sixty (60) days of the hearing date. Plaintiff has agreed to take a limited deposition that will not last more than one (1) hour. Plaintiff agreed to postpone the deposition of Defendant’s Underwriting Corporate Representative at this time.
5. Plaintiff’s Motion to Compel Discovery is HEREBY GRANTED. Defendant shall respond to Plaintiff’s Request to Produce within thirty (30) days of the hearing date.
6. Defendant’s Amended Motion for Reconsideration, Defendant’s Motion for Entry of Final Judgment and Plaintiff’s Objection to Defendant’s Motion for Entry of Final Judgment shall be heard by this Court on October 22, 2019 at 11:00 am.
