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LOURDES PENA, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant.

28 Fla. L. Weekly Supp. 234a

Online Reference: FLWSUPP 2803PENA

Insurance — Discovery — Depositions — Failure to appear — Sanctions

LOURDES PENA, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 19-CC-011004. April 27, 2020. James S. Moody, III, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff.

ORDER GRANTING PLAINTIFF’S MOTION FOR SANCTIONS

THIS MATTER having come before the court on April 23, 2020 on Plaintiff’s Motion for Sanctions. The Court having reviewed the file, considered the motion, the arguments presented by 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.

2. Defendant filed a Motion for Protective Order but did not schedule it for hearing in violation of the Rules. Parties are not allowed to ignore the Rules and processes for discovery.

3. Plaintiff’s Motion for Sanctions is HEREBY GRANTED. Defendant is ordered to pay sanctions to Plaintiff’s counsel. As such, Defendant is ordered to pay one (1) hour of attorney’s fees at the rate of $500.00 per hour.

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