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Filing # 116343302 E-Filed 11/09/2020 10:35:15 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-20-010138 (02)
PRESGAR IMAGING OF CMI NORTH,
L.cC. AND BEACHES OPEN MRI OF
TAMARAC, LLC, as assignees, individually,
and on behalf of all similarly situated persons,
Plaintiffs,
Vv.
LM GENERAL INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ MOTION TO CONSOLIDATE IDENTICAL CASES
COMES NOW, the Plaintiffs, Presgar Imaging of CMI North, L.C. and Beaches
Open MRI of Tamarac, LLL, as assignees, individually, and on behalf of all similarly
situated persons, by and through undersigned counsel, hereby move this Honorable Court to
enter an order consolidating several related cases and respectfully states as follows:
1 The above-styled cause of action arises out of a dispute concerning the
amount of personal injury protection (“PIP”) coverage available under identical insurance
policies issued in Florida by the Liberty Mutual group of affiliated insurance companies.
The gravamen of the dispute is whether the terms of the policy afford PIP coverage in the
amount of $12,500, as Plaintiffs contend, or $10,000, as Defendant contends.
2. Including the above-styled case, the Plaintiffs have filed the following four
identical class action lawsuits against different affiliated Liberty Mutual companies,
addressing the same exact issue:
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/09/2020 10:35:15 AM.*##*
Plaintiff(s) Defendant Case Number
Presgar Imaging of CMI North, L.C. and LM General Insurance | CACE-20-010138
Beaches Open MRI of Tamarac, LLC Company (02)
Liberty Mutual CACE-20-013306
Beaches Open MRI of Tamarac, LLC
Insurance Company (18)
Beaches Open MRI of the Treasure The First Liberty CACE-20-014759
Coast, LLC Insurance Corporation (21)
LM Insurance CACE-20-014646
Presgar Imaging of CMI North, L.C.
Corporation (14)
3 All Plaintiffs and Defendants in the above-referenced cases are respectively
represented by the same attorneys.
4 The complaint in each case is virtually identical in all material respects and
seeks the same remedies. Further, in each case, the Defendant filed materially identical
motions to dismiss.
5 As such, Plaintiffs respectfully requests that the Court consolidate the four
cases to avoid inconsistent results, unnecessary costs or delay, to promote judicial economy,
and for the convenience of the witnesses and parties.
6. Florida Rule of Civil Procedure 1.270(a) governs consolidation and provides
in pertinent part:
(a) Consolidation. When actions involving common
question of law or fact are pending before the court, it
may order a joint hearing or trial of any or all the matters
in issue in the actions; it may order all the actions
consolidated; an it may make such orders conceming
proceedings therein as may tend to avoid unnecessary
costs or delay.
7
This Court’s Administrative Order 2018-100-Civ also addresses
consolidation, and provides:
(4) If cases are filed and assigned to different civil divisions
which concern the same subject matter or common issues the
2
cases may be consolidated as follows:
(a) The plaintiff or defendant shall file a notice in
each case setting forth the parties and case number of
the similar case(s).
(b)The party seeking consolidation shall file a motion
and set a hearing in the division with the
lowest/earliest case number.
8 The instant case has been assigned the lowest case number. Further, the
Plaintiffs in the related cases previously complied with subsection (4)(a) of Administrative
Order 2018-100-Civ by giving notice of the related cases on the Civil Cover Sheet filed with
each complaint.
9. The requested consolidation is made in good faith and will not result in
prejudice to any party.
10. Prior to setting the instant motion for hearing, the undersigned attomeys will
attempt to confer with Defense counsel.
WHEREFORE, the Plaintiffs, Presgar Imaging of CMI NORTH, L.C. and Beaches
Open MRI of Tamarac, LLC, as assignees, individually, and on behalf of all similarly
situated persons, respectfully request this Honorable Court enter an order consolidating the
above-referenced cases and for any further relief deemed proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
filed and served through the Court’s ePortal system on Gary J. Guzzi, Esq., Akerman
LLP, 98 Southeast 7" Street, Suite 1100, Miami, FL 33131, gary.guzzi@akerman.com,
antonio.morin@akerman.com, and maria.revoredo@akerman.com on November 9,
2020.
Respectfully submitted,
/s/ Thomas J. Wenzel
Thomas J. Wenzel, FBN 104117
STEINGER, GREENE & FEINER
2727 NW 62nd St.
Ft. Lauderdale, FL 33309
Telephone: (954) 491-7701
Email: pleadings@injurylawyers.com
J. Daniel Clark, FBN 0106471
CLARK & MARTINO, P.A.
3407 W. Kennedy Boulevard
Tampa, FL 33609
Telephone: (813) 879-0700
Primary: delark@clarkmartino.com
Secondary: rsmith@clarkmartino.com
David M. Caldevilla, FBN 654248
de la PARTE & GILBERT, P.A.
Post Office Box 2350
Tampa, FL 33601-2350
Telephone: (813) 229-2775
Primary: dcaldevilla@dgfirm.com
Secondary: serviceclerk@dgfirm.com
Chad A. Barr, FBN 55365
CHAD BARR LAW
238 N. Westmonte Dr., Suite 200
Altamonte Springs, FL 32714
Telephone: (407) 599-9036
Primary: service@chadbarrlaw.com
Secondary: chad@chadbarrlaw.com
Kimberly P. Simoes, FBN 109479
The Simoes Law Group, P.A.
117 North Broadway Street
Tupelo, MS 38804
Telephone: (662) 842-5345
Primary: kimberly@simoeslaw.com
Secondary: service@simoeslaw.com
COUNSEL FOR PLAINTIFF
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Filing # 116343302 E-Filed 11/09/2020 10:35:15 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-20-010138 (02) PRESGAR IMAGING OF CMI NORTH, L.cC. AND BEACHES OPEN MRI OF TAMARAC, LLC, as assignees, individually, and on behalf of all similarly situated persons, Plaintiffs, Vv. LM GENERAL INSURANCE COMPANY, Defendant. / PLAINTIFFS’ MOTION TO CONSOLIDATE IDENTICAL CASES COMES NOW, the Plaintiffs, Presgar Imaging of CMI North, L.C. and Beaches Open MRI of Tamarac, LLL, as assignees, individually, and on behalf of all similarly situated persons, by and through undersigned counsel, hereby move this Honorable Court to enter an order consolidating several related cases and respectfully states as follows: 1 The above-styled cause of action arises out of a dispute concerning the amount of personal injury protection (“PIP”) coverage available under identical insurance policies issued in Florida by the Liberty Mutual group of affiliated insurance companies. The gravamen of the dispute is whether the terms of the policy afford PIP coverage in the amount of $12,500, as Plaintiffs contend, or $10,000, as Defendant contends. 2. Including the above-styled case, the Plaintiffs have filed the following four identical class action lawsuits against different affiliated Liberty Mutual companies, addressing the same exact issue: #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/09/2020 10:35:15 AM.*##* Plaintiff(s) Defendant Case Number Presgar Imaging of CMI North, L.C. and LM General Insurance | CACE-20-010138 Beaches Open MRI of Tamarac, LLC Company (02) Liberty Mutual CACE-20-013306 Beaches Open MRI of Tamarac, LLC Insurance Company (18) Beaches Open MRI of the Treasure The First Liberty CACE-20-014759 Coast, LLC Insurance Corporation (21) LM Insurance CACE-20-014646 Presgar Imaging of CMI North, L.C. Corporation (14) 3 All Plaintiffs and Defendants in the above-referenced cases are respectively represented by the same attorneys. 4 The complaint in each case is virtually identical in all material respects and seeks the same remedies. Further, in each case, the Defendant filed materially identical motions to dismiss. 5 As such, Plaintiffs respectfully requests that the Court consolidate the four cases to avoid inconsistent results, unnecessary costs or delay, to promote judicial economy, and for the convenience of the witnesses and parties. 6. Florida Rule of Civil Procedure 1.270(a) governs consolidation and provides in pertinent part: (a) Consolidation. When actions involving common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; an it may make such orders conceming proceedings therein as may tend to avoid unnecessary costs or delay. 7 This Court’s Administrative Order 2018-100-Civ also addresses consolidation, and provides: (4) If cases are filed and assigned to different civil divisions which concern the same subject matter or common issues the 2 cases may be consolidated as follows: (a) The plaintiff or defendant shall file a notice in each case setting forth the parties and case number of the similar case(s). (b)The party seeking consolidation shall file a motion and set a hearing in the division with the lowest/earliest case number. 8 The instant case has been assigned the lowest case number. Further, the Plaintiffs in the related cases previously complied with subsection (4)(a) of Administrative Order 2018-100-Civ by giving notice of the related cases on the Civil Cover Sheet filed with each complaint. 9. The requested consolidation is made in good faith and will not result in prejudice to any party. 10. Prior to setting the instant motion for hearing, the undersigned attomeys will attempt to confer with Defense counsel. WHEREFORE, the Plaintiffs, Presgar Imaging of CMI NORTH, L.C. and Beaches Open MRI of Tamarac, LLC, as assignees, individually, and on behalf of all similarly situated persons, respectfully request this Honorable Court enter an order consolidating the above-referenced cases and for any further relief deemed proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed and served through the Court’s ePortal system on Gary J. Guzzi, Esq., Akerman LLP, 98 Southeast 7" Street, Suite 1100, Miami, FL 33131, gary.guzzi@akerman.com, antonio.morin@akerman.com, and maria.revoredo@akerman.com on November 9, 2020. Respectfully submitted, /s/ Thomas J. Wenzel Thomas J. Wenzel, FBN 104117 STEINGER, GREENE & FEINER 2727 NW 62nd St. Ft. Lauderdale, FL 33309 Telephone: (954) 491-7701 Email: pleadings@injurylawyers.com J. Daniel Clark, FBN 0106471 CLARK & MARTINO, P.A. 3407 W. Kennedy Boulevard Tampa, FL 33609 Telephone: (813) 879-0700 Primary: delark@clarkmartino.com Secondary: rsmith@clarkmartino.com David M. Caldevilla, FBN 654248 de la PARTE & GILBERT, P.A. Post Office Box 2350 Tampa, FL 33601-2350 Telephone: (813) 229-2775 Primary: dcaldevilla@dgfirm.com Secondary: serviceclerk@dgfirm.com Chad A. Barr, FBN 55365 CHAD BARR LAW 238 N. Westmonte Dr., Suite 200 Altamonte Springs, FL 32714 Telephone: (407) 599-9036 Primary: service@chadbarrlaw.com Secondary: chad@chadbarrlaw.com Kimberly P. Simoes, FBN 109479 The Simoes Law Group, P.A. 117 North Broadway Street Tupelo, MS 38804 Telephone: (662) 842-5345 Primary: kimberly@simoeslaw.com Secondary: service@simoeslaw.com COUNSEL FOR PLAINTIFF