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

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                                Filing # 142210997 E-Filed 01/19/2022 09:22:40 AM


                                                            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 BOECHER-
                      EXPERT INTERROGATORIES TO DEFENDANT

               Defendant, GEICO General Insurance Company (“GEICO”), pursuant to Rule 1.340,

        Florida Rules of Civil Procedure, hereby responds to Plaintiff’s Boecher-Expert Interrogatories 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 Boecher-Expert Interrogatories to Defendant (the “Expert

        Interrogatories”) on November 11, 2021.

               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.



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        4.      Based on the pending Motion to Stay and Motion for Protective Order, GEICO

objects to each Interrogatory in Plaintiff’s Expert Interrogatories, 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.      Further, GEICO objects to the number of interrogatories filed to date by Plaintiff.

Plaintiff has exceeded the allowable number of interrogatories as provided under Rule 1.340,

Florida Rule of Civil Procedure, which states “[t]he interrogatories must not exceed 30 requests,

including all subparts, unless the court permits a larger number on motion and notice and for good

cause . . .” Plaintiff has failed to request leave of this Court to file additional interrogatory requests,

and this Court has not permitted Plaintiff to grossly exceed the number of interrogatory requests

than permitted under the Rules. Therefore, GEICO requests the Court to strike these Expert

Interrogatories.

        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: January 19, 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



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                                                      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

                                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 19th day of January, 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
    Service Email: serviceelg@theevolutionlawgroup.com; george@bgelegal.com

    Attorney for Plaintiff

                                             /s/ E. K. Cottrell
                                             Attorney




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