8 Fla. L. Weekly Supp. 650c
Civil procedure — Discovery — Sanctions — Where defendant insurance company which was noticed for deposition duces tecum of its person with most knowledge failed to file a motion for protective order, and person with most knowledge appeared at deposition without claims notes and was, therefore, unable to answer standard questions on events of the claim, plaintiff was unable to conduct meaningful deposition — Motion to compel granted — Defendant to pay costs of transcript and costs associated with upcoming deposition — Any motion for protective order must be filed and scheduled to be heard before deposition
DUKES CHIROPRACTIC HEALTH CLINIC, P.A., (As assignee of Tressa Thomas), Plaintiff, vs. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 2000-17430 SC, Division J. July 9, 2001. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa. Jay M. Walker.
[Order granting final summary judgment in this case at 9 Fla. L. Weekly Supp. 629b.]
ORDER
THIS CAUSE having come before the Court on June 14, 2001, on Plaintiff’s Motion To Compel Discovery and Motion for Sanctions, both parties appearing through counsel and the Court having heard argument, the court finds the following findings:
The Court finds that after Plaintiff properly noticed Defendant with a notice for deposition duces tecum for the person with the most knowledge for January 19, 2001, Defendant failed to file a Motion for Protective Order. A Motion for Protective Order must be filed and heard prior to the pending discovery in order for the motion to have any effect. Generally, where a party fails to respond to discovery and does not give a sound reason for its failure to do so, sanctions should be imposed. Ford Motor Co. v. Garrison, 415 So.2d 843 (Fla. 1st DCA 1982).
Ms. Jackie Williams, being Defendant’s person with the most knowledge, failed to bring with her the claim notes and/or computer generated claim notes to the deposition. For this reason, Ms. Williams was unable to answer standard questions as to the events of the claim. Thus, Plaintiff was unable to conduct a meaningful deposition.
The Court finds that Plaintiff has been prejudiced by Defendant’s failure to properly respond to the standard questions and Plaintiff is unable to proceed with this lawsuit adequately without this information. Therefore;
It is ORDERED and ADJUDGED that Plaintiff’s Motion to Compel and Motion for Sanctions are GRANTED. Plaintiff is awarded the costs for the ordering of the transcript in the amount of $224.04. Defendant shall pay any future costs associated with the upcoming deposition. Should Defendant feel the need to file a Motion for Protective Order as to any aspects of the deposition, he will file and schedule same to be heard prior to the date of the deposition.
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