Allstate Insurance Company et al v. Vizcay et al

Filing 167

ORDER dismissing the contempt of court charge against Eusevio Aquina 130 subject to compliance with the requirements of the attached order. See order for further details. Signed by Judge Elizabeth A. Kovachevich on 8/23/2012. (SN)

UNITED STATE DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ALLSTATE INSURANCE COMPANY;
ALLSTATE INDEMNITY COMPANY;

Case No.: 8:11-cv-00804-EAE-EAJ

ALLSTATE PROPERTY AND CASUALTY

INSURANCE COMPANY; ALLSTATE FIRE
AND CASUALTY INSURANCE COMPANY;
And ALLSTATE VEHICLE AND PROPERTY

INSURANCE COMPANY, SUCCESSOR BY
MERGER TO NORTHBROOK INDEMNITY

COMPANY),
Plaintiffs,
vs.

SARA C. VIZCAY, M.D., et al,
Defendants.
/

AGREED ORDER ON CONTEMPT PROCEEDINGS REGARDING NON
PARTY WITNESS EUSEVIO AQUINA

This matter having come before the Court on August 22, 2012 on the
Plaintiffs' Motion

for Contempt for non-appearance at a duly scheduled

deposition Order compel by non-party witness, Eusevio Aquina (Dkt. 130), the
Court having reviewed the Motion and the previously entered Certificate of Facts

Constituting Contempt (Dkt. 144) and having heard the argument of counsel for
Eusevio Aquina and Plaintiffs, and responses by Eusevio Aquina who personally
appeared before the Court, it is
ORDERED AND ADJUDGED AS FOLLOWS:

1.

Eusevio Aquina shall appear at his deposition scheduled for September

24, 2012 at 9am.

2.

Eusevio Aquina shall compensate Plaintiffs for costs incurred in the

amount of S755.00 (seven hundred fifty-five dollars) due to his failure to appear

at his deposition scheduled for February 29, 2012, specifically:
Court Reporter: $80.00
Videographer: $225.00
Translator: $400.00

Process Server: $50.00

3.

Additionally, Eusevio Aquina shall compensate Plaintiffs for the attorney's

fees incurred as the result of having to bring the motion for contempt before the
Court and having to appear before the Court in relation to this matter on July 17,
2012 and August 22, 2012. The total fees to be compensated are: $912.50 (nine
hundred twelve and 50/100 dollars).
4.

Eusevio Aquina shall forward to counsel for Plaintiffs the payment of the

costs and fees referenced in paragraphs 2 and 3 above, by December 21, 2012.

5.

The Court hereby dismisses the contempt of court charge against Eusevio

Aquina, subject to his compliance with this Order.

Should he fail to comply with

this Order, the Court may issue further sanctions against him, including
incarceration and fines.
DONE AND ORDERED IN CHAMBERS AT thi
2012.

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