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Filing # 145901543 E-Filed 03/17/2022 11:52:46 AM
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR
CITRUS COUNTY, FLORIDA
DORATTA WATT and ALYSSA WATT, a
minor by and through her Parent and Natural
Guardian, DORATTA WATT,
Plaintiffs, CASE NO: 21-CA-513
CIVIL DIVISION
v.
PROGRESSIVE AMERICAN
INSURANCE COMPANY,
Defendant.
/
MOTION TO COMPEL DEPOSITION AND FOR SANCTIONS FOR FAILURE OF
PARTY TO ATTEND DEPOSITION PURSUANT TO FLA. R. CIV. P. 1.380
COMES NOW, Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, by
and through the undersigned counsel, hereby files this Motion to Compel Plaintiff, DORATTA
WATT, to Appear for Deposition and for Sanctions for Failure of a Party to Attend Deposition
Pursuant to Fla. R. Civ. P. 1.380, and states as follows:
1. This cause stems from an automobile accident that occurred on December 13, 2019.
2. Plaintiff, DORATTA WATT, was scheduled for a deposition on February 14, 2022,
(Notice of Taking Deposition attached at Exhibit “A”)
3. On February 10, 2022, counsel for Plaintiff advised the undersigned counsel that
she would not be able to attend the February 14, 2022, deposition because she had a hearing in the
dependency court in the Fifth Judicial Circuit Court in and for Citrus County, case number 2021-
DP-169 on the same date and time. Due to this information and in an effort to amicably resolve
the situation, the undersigned counsel agreed to reschedule the deposition. (Notice of Cancellation
and correspondence between the parties attached as Exhibit “B”)CASE NO: 21-CA-513
4. Plaintiff, DORATTA WATT, was scheduled for deposition again on March 15,
2022. (Notice of Taking Deposition attached as Exhibit “C”)
5. On March 15, 2022, the undersigned counsel, and counsel for Plaintiff appeared for
the deposition along with a court reporter, however the Plaintiff did not appear.
6. At the March 15, 2022, deposition, counsel for Plaintiff advised that his office had
confirmed the deposition with Plaintiff the previous week. No good cause for Plaintiff's failure to
attend the deposition has been provided.
7. Fla. R. Civ. P. 1.380(d) states that upon the failure of a party to attend their own
deposition, “...the court in which the action is pending may take any action authorized under
paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule.”
8. Fla. R. Civ. P. 1.380(b)(2)(A) states that the Court may make “An order that
designated facts shall be taken to be established for the purposes of the action in accordance with
the claim of the party obtaining the order.”
9. Fla. R. Civ. P. 1.380(b)(2)(B) states that the Court may make “An order refusing to
allow the disobedient party to support or oppose designated defenses or prohibiting that party from
introducing designated matters in evidence.”
10. ‘Fla. R. Civ. P. 1.380(b)(2)(C) states that the Court may make “An order striking
out pleadings or parts of them or...dismissing the action or proceeding or any part of it.”
11. Here, Plaintiff has failed to appear for her own deposition and no good cause has
been provided. Furthermore, according to the representations of counsel for Plaintiff, the March
15, 2022 deposition was confirmed with Plaintiff. Counsel for Plaintiff also advised that he had
been unable to contact Plaintiff since then. Plaintiff cannot claim lack of notice due to counsel for
Plaintiff's representations regarding confirmation. These facts make Plaintiffs failure to appearCASE NO: 21-CA-513
for deposition willful and warrant the relief as provided for in Fla. R. Civ. P. 1.380(b)(2) detailed
above.
WHEREFORE, Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY,
requests this Honorable Court enter an order dismissing the Complaint and/or an order prohibiting
the Plaintiff from introducing Plaintiffs testimony at trial and/or an Order compelling the
deposition of Plaintiff, and/or an order awarding Defendant the expenses Defendant has had to
unnecessarily incur, including but not limited to, attendance at the deposition, court reporter’s
costs, and the filing of this motion and/or any such other relief as this Court may deem appropriate.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished via E-Mail on March 17, 2022 to Christopher Borzell, Esquire, Morgan & Morgan,
Tampa, P.A., Attorney for Plaintiffs, Doratta Watt and Alyssa Watt, a minor by and through her
Parent and Natural Guardian, Doratta Watt, CTBPleadings@forthepeople.com;
cborzell@forthepeople.com; RHoward@forthepeople.com.
Law Office of Terry! Blackmon Walker
Attorneys for Defendant
600 North Westshore Blvd., Suite 300
Tampa, FL 33609
(813) 371-4024 (Asst.)/(813) 371-3945 (Direct)
Fax: (866) 516-8617
SERVICE DESIGNATIONS:
Primary: TampaHC@progressive.com
Secondary Christopher_Ballard@progressive.com
By:
CHRISTOPHER M. BALLARD, ESQUIRE
Florida Bar No. 10274
‘Salaried Employees of Progressive Casualty Insurance Company”
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Filing # 145901543 E-Filed 03/17/2022 11:52:46 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA DORATTA WATT and ALYSSA WATT, a minor by and through her Parent and Natural Guardian, DORATTA WATT, Plaintiffs, CASE NO: 21-CA-513 CIVIL DIVISION v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. / MOTION TO COMPEL DEPOSITION AND FOR SANCTIONS FOR FAILURE OF PARTY TO ATTEND DEPOSITION PURSUANT TO FLA. R. CIV. P. 1.380 COMES NOW, Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, by and through the undersigned counsel, hereby files this Motion to Compel Plaintiff, DORATTA WATT, to Appear for Deposition and for Sanctions for Failure of a Party to Attend Deposition Pursuant to Fla. R. Civ. P. 1.380, and states as follows: 1. This cause stems from an automobile accident that occurred on December 13, 2019. 2. Plaintiff, DORATTA WATT, was scheduled for a deposition on February 14, 2022, (Notice of Taking Deposition attached at Exhibit “A”) 3. On February 10, 2022, counsel for Plaintiff advised the undersigned counsel that she would not be able to attend the February 14, 2022, deposition because she had a hearing in the dependency court in the Fifth Judicial Circuit Court in and for Citrus County, case number 2021- DP-169 on the same date and time. Due to this information and in an effort to amicably resolve the situation, the undersigned counsel agreed to reschedule the deposition. (Notice of Cancellation and correspondence between the parties attached as Exhibit “B”)CASE NO: 21-CA-513 4. Plaintiff, DORATTA WATT, was scheduled for deposition again on March 15, 2022. (Notice of Taking Deposition attached as Exhibit “C”) 5. On March 15, 2022, the undersigned counsel, and counsel for Plaintiff appeared for the deposition along with a court reporter, however the Plaintiff did not appear. 6. At the March 15, 2022, deposition, counsel for Plaintiff advised that his office had confirmed the deposition with Plaintiff the previous week. No good cause for Plaintiff's failure to attend the deposition has been provided. 7. Fla. R. Civ. P. 1.380(d) states that upon the failure of a party to attend their own deposition, “...the court in which the action is pending may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule.” 8. Fla. R. Civ. P. 1.380(b)(2)(A) states that the Court may make “An order that designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order.” 9. Fla. R. Civ. P. 1.380(b)(2)(B) states that the Court may make “An order refusing to allow the disobedient party to support or oppose designated defenses or prohibiting that party from introducing designated matters in evidence.” 10. ‘Fla. R. Civ. P. 1.380(b)(2)(C) states that the Court may make “An order striking out pleadings or parts of them or...dismissing the action or proceeding or any part of it.” 11. Here, Plaintiff has failed to appear for her own deposition and no good cause has been provided. Furthermore, according to the representations of counsel for Plaintiff, the March 15, 2022 deposition was confirmed with Plaintiff. Counsel for Plaintiff also advised that he had been unable to contact Plaintiff since then. Plaintiff cannot claim lack of notice due to counsel for Plaintiff's representations regarding confirmation. These facts make Plaintiffs failure to appearCASE NO: 21-CA-513 for deposition willful and warrant the relief as provided for in Fla. R. Civ. P. 1.380(b)(2) detailed above. WHEREFORE, Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, requests this Honorable Court enter an order dismissing the Complaint and/or an order prohibiting the Plaintiff from introducing Plaintiffs testimony at trial and/or an Order compelling the deposition of Plaintiff, and/or an order awarding Defendant the expenses Defendant has had to unnecessarily incur, including but not limited to, attendance at the deposition, court reporter’s costs, and the filing of this motion and/or any such other relief as this Court may deem appropriate. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished via E-Mail on March 17, 2022 to Christopher Borzell, Esquire, Morgan & Morgan, Tampa, P.A., Attorney for Plaintiffs, Doratta Watt and Alyssa Watt, a minor by and through her Parent and Natural Guardian, Doratta Watt, CTBPleadings@forthepeople.com; cborzell@forthepeople.com; RHoward@forthepeople.com. Law Office of Terry! Blackmon Walker Attorneys for Defendant 600 North Westshore Blvd., Suite 300 Tampa, FL 33609 (813) 371-4024 (Asst.)/(813) 371-3945 (Direct) Fax: (866) 516-8617 SERVICE DESIGNATIONS: Primary: TampaHC@progressive.com Secondary Christopher_Ballard@progressive.com By: CHRISTOPHER M. BALLARD, ESQUIRE Florida Bar No. 10274 ‘Salaried Employees of Progressive Casualty Insurance Company”