Order: THE RIGHT SPINAL CLINIC, INC. VS GEICO GENERAL INS. CO.

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                                Filing # 147289787 E-Filed 04/07/2022 05:11:25 PM



                                                           IN THE COUNTY COURT IN AND FOR
                                                           MIAMI-DADE COUNTY FLORIDA
                                                           CASE NO. 21-009772-CC-21

        THE RIGHT SPINAL CLINIC, INC.
        A/A/O (HERNANDEZ, LOIDA)

                       Plaintiff,
        vs.

        GEICO GENERAL INS. CO.,

                    Defendant.
        _________________________________/

              PLAINTIFF’S MOTION FOR PROTECTIVE ORDER/MOTION TO DETERMINE
                                        LOCATION

                COMES NOW the Plaintiff, THE RIGHT SPINAL CLINIC, INC.

        A/A/O (HERNANDEZ, LOIDA) ., by and through their undersigned counsel, and moves this

        Honorable Court, pursuant to Rule 1.310 of the Florida Rule of Civil Procedure, for a Protective

        Order Prohibiting the Deposition of Plaintiff’s Corporate Representative and/or Billing Clerk

        from going forward at any other location except those to be mutually agreed upon by the parties,

        and as grounds thereof, states:

                1.     This is a PIP lawsuit based on an alleged breach of automobile insurance contract.

                2.     Plaintiff anticipates that pursuant to the applicable Case Management Order

        and/or PIP Scheduling Order entered in the above styled cause the Defendant will be requesting

        and conducting the deposition of Plaintiff’s Corporate Representative and/or Billing Clerk in

        order to comply with applicable deadlines.

                3.     Defendant is now being put on notice that Plaintiff prefers for the deposition of

        Plaintiff’s Corporate Representative and/or Billing Clerk to take place at its counsel’s office or at

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a court reporter’s office in close proximity to the Plaintiff.

       4.      It is customary for attorneys to travel close to or nearby the Plaintiff’s place of

business for depositions scheduled by the Defendant instead of forcing the Plaintiff’s

representative to effectively miss an entire day of work. A deposition of a Plaintiff’s

representative can effectively prevent a clinic from operating smoothly for an entire day, due to

the travel required to attend deposition and the actual time incurred during deposition. The same

rationale should apply to the scheduling of the deposition of any potential witness.

       5.      Plaintiff respectfully requests for this Honorable Court to Order to have any future

depositions of Plaintiff’s Corporate Representative and/or Billing Clerk to take place at its

counsel’s office or at a court reporter’s office in close proximity to the Plaintiff in an effort to

accommodate Plaintiff and minimize interruptions to the Plaintiff’s work day.

       WHEREFORE, for the foregoing reasons, Plaintiff, THE RIGHT SPINAL CLINIC, INC.

A/A/O (HERNANDEZ, LOIDA) , respectfully requests that this Honorable Court grant this

Motion in its entirety, and asks for any further relief the Court deems just.


                               CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy was submitted to the Florida Courts E-Filing
Portal to be served upon the following persons as the designated email address(es) for service:
Edward K. Cottrell, Esq., SMITH, GAMBRELL & RUSSELL, LLP., 50 N. Laura Street, Suite
2600, Jacksonville, FL 32202, Pipservice@Sgrlaw.Com; Marcus Griggs, Esq., Law Office Of
Haydee De La Rosa Tolgyesi, 2600 Douglas Road, Suite#700, Coral Gables, FL 33134,
Miamipipgeico@Geico.Com, this 7th day of April, 2022.

                                                             The Evolution Law Group, P.A.
                                                             2700 Glades Cir, Suite#145
                                                             Weston, Fl 33327
                                                             (954) 840-6665 Phone
                                                             (954) 840-6997 Fax
                                                             serviceelg@theevolutionlawgroup.com
                                                             Attorneys for Plaintiff

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/s/ Kelly M. Arias
Kelly M. Arias, Esquire.
Florida Bar No. 0013980




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