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

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                                Filing # 147203950 E-Filed 04/06/2022 05:30:29 PM


                                                            IN THE COUNTY COURT OF THE
                                                            ELEVENTH JUDICIAL CIRCUIT, IN AND
                                                            FOR MIAMI-DADE COUNTY, FLORIDA

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

               Plaintiff,                                     Case No.:      2021-009772-CC-21
                                                              Division:      HI01
        v.

        GEICO GENERAL INSURANCE COMPANY,

              Defendant.
        _______________________________________/

                DEFENDANT’S RESPONSE AND OBJECTION TO PLAINTIFF’S FIRST
                        REQUEST FOR ADMISSIONS TO DEFENDANT

               Defendant, GEICO General Insurance Company (“GEICO”), pursuant to Rule 1.370,

        Florida Rules of Civil Procedure, responds to Plaintiff’s First Request for Admissions to Defendant

        as follows:

               1.      Plaintiff filed its Complaint against GEICO, broadly seeking PIP benefits for

        medical services allegedly provided by Plaintiff.

               2.      Plaintiff filed its First Request for Admissions to Defendant (the “Request for

        Admissions”) on March 15, 2022.

               3.      On January 19, 2022, GEICO filed its Motion and Supporting Memorandum to

        Stay Proceedings (“Motion to Stay”) and Motion for Protective Order and Supporting

        Memorandum of Law (“Motion for Protective Order”). GEICO’s Motion to Stay and Motion for

        Protective Order seek a stay of these proceedings including any and all discovery. GEICO’s

        Motions are based upon the principle of priority, which requires that the latter court to assume

        jurisdiction is precluded from prosecuting a lawsuit, requiring the action be stayed – including all

        discovery – while the prior action remains pending.
       4.      Based on the pending Motion to Stay and Motion for Protective Order, GEICO

objects to each request in Plaintiff’s Request for Admissions, and reserves the right to file amended

responses should the Court deny GEICO’s Motion to Stay and Motion for Protective Order and

allow discovery to proceed in this matter.

       5.      GEICO further objects to any discovery related to inquiries claiming that the

services were lawfully rendered or were reasonable, related and/or medically necessary as this case

should be stayed and to the extent that the services were provided at all.

       6.      GEICO files this response out of an abundance of caution, and contends that

GEICO’s Motion to Stay and Motion for Protective Order should be heard before any discovery

is conducted in this action.

       Dated: April 6, 2022.

                                              Respectfully submitted,

                                              SMITH, GAMBRELL & RUSSELL, LLP

                                              /s/ E. K. Cottrell
                                              Edward K. Cottrell (FBN 13579)
                                              ecottrell@sgrlaw.com
                                              Drew Krieger (FBN 117800)
                                              dkrieger@sgrlaw.com
                                              50 N. Laura Street, Suite 2600
                                              Jacksonville, Florida 32202
                                              Telephone: (904) 598-6100
                                              Facsimile: (904) 598-6300
                                              Primary Service Email: PIPeservice@sgrlaw.com

                                                      And

                                              LAW OFFICE OF HAYDEE DE LA ROSA-
                                              TOLGYESI
                                              2600 Douglas Road, Suite 700
                                              Coral Gables, Florida 33134
                                              Telephone: (786) 483-1830
                                              Facsimile: (305) 373-3661
                                              Primary Service Email: miamipipgeico@geico.com
                                              Attorneys for Defendant


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                               CERTIFICATE OF SERVICE

        I HEREBY CERTIFY a true and correct copy of the foregoing has been filed through the

Florida Court’s E-filing Portal this 6th day of April, 2022, which will send a copy of the filed

document to:

    Kelly M Arias, Esq.
    THE EVOLUTION LAW GROUP, P.A.
    2700 Glades Circle, Suite 145
    Weston, Florida 33327
    Telephone: (954) 840-6665
    Facsimile: (954) 840-6997
    E-Mail: serviceelg@theevolutionlawgroup.com; george@bgelegal.com
    Attorneys for Plaintiff

                                                    /s/ E. K. Cottrell
                                                            Attorney




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