27 Fla. L. Weekly Supp. 407a
Online Reference: FLWSUPP 2704JETIInsurance — Discovery — Depositions — Failure to provide deposition dates and failure to appear for noticed deposition — Sanctions
REGIONS ALL CARE HEALTH CENTER, (a/a/o Jocelyn Etienne), Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 18-CC-054837. June 18, 2019. Daryl Manning, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff.
ORDER GRANTING PLAINTIFF’S MOTIONFOR SANCTIONS AND MOTION TO COMPELDISCOVERY AND DENYING DEFENDANT’SMOTION FOR PROTECTIVE ORDER
THIS MATTER having come before the court on June 12, 2019 on Plaintiff’s Motion for Sanctions, Plaintiff’s Motion to Compel Discovery and Defendant’s Motion for Protective Order. The court having reviewed the file, considered the motions, 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 after repeated requests and that Defendant subsequently refused to appear for a noticed deposition.
2. The Court finds that subsequent to Plaintiff’s numerous requests for deposition dates of Defendant’s Corporate Representative, Defendant did not timely respond with legitimate & adequate responses to said requests. The Defendant did not comply with the Rules of Civil Procedure in resisting Plaintiff’s numerous requests for deposition dates. The Court is troubled by the amount of time and delay that occurred.
3. The Court finds that Defendant’s eleventh hour tactics are not the proper way to practice under the Rules.
4. Based upon all of the factors enumerated herein, Plaintiff’s Motion for Sanctions is HEREBY GRANTED. Defendant is ordered to pay sanctions to Plaintiff’s counsel in the amount of $1,000.00 within thirty (30) days of the Order.
5. The deposition of Defendant’s Corporate Representative shall occur within thirty (30) days of the Order. Defendant shall provide timely deposition dates to Plaintiff’s counsel.
5. Plaintiff’s Motion to Compel Discovery is HEREBY GRANTED. Defendant shall file full, complete and legitimate responses to Plaintiff’s discovery requests within fifteen (15) days from the date of the Order. Objections based upon privilege are not waived
6. Defendant’s Motion for Protective Order is HEREBY DENIED.
