Roster v. Geovera Specialty Ins. Co.

Full title: JANET ROSTER, Plaintiff, v. GEOVERA SPECIALTY INSURANCE COMPANY, Defendant.

Court: United States District Court, Middle District of Florida

Date published: Apr 6, 2023

2:21-cv-806-JLB-KCD (M.D. Fla. Apr. 6, 2023)

Opinion

2:21-cv-806-JLB-KCD

04-06-2023

JANET ROSTER, Plaintiff, v. GEOVERA SPECIALTY INSURANCE COMPANY, Defendant.

KYLE C. DUDEK UNITED STATES MAGISTRATE JUDGE

ORDER

KYLE C. DUDEK UNITED STATES MAGISTRATE JUDGE

Before the Court is Defendant GeoVera Specialty Company's Motion to Compel Deposition of Plaintiff and Rule 37 Sanctions (Doc. 60) and Motion to Compel Deposition of Jessica Toolan (Doc. 61.) For the reasons stated on the record during oral argument for these motions, it is now ORDERED:

1. Defendant's Motion to Compel Deposition of Plaintiff and Rule 37 Sanctions is GRANTED IN PART AND DENIED IN PART;

2. As a sanction for the failure to appear at her duly noticed and scheduled deposition, the Court will require Plaintiff to pay the court reporter fee of $189.75;

3. The Court declines to award any further sanctions for Plaintiff's nonappearance at this time given counsel's representation that she was displaced from her home. But the Court reserves the right to readdress this issue should Plaintiff fail to appear at her rescheduled deposition or if counsel's hardship representation is not borne out by Plaintiff's testimony;

4. Defendant's Motion to Compel Deposition of Jessica Toolan is DENIED.