Order: GRAPPIN CLINIC OF CHIROPRACTIC PA vs PROGRESSIVE SELECT INSURANCE COMPANY

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                                Filing # 156737416 E-Filed 09/02/2022 04:58:44 PM




            IN THE COUNTY COURT IN AND FOR
            MIAMI-DADE COUNTY, FLORIDA

            GRAPPIN CLINIC OF CHIROPRACTIC,                  CASE NO: 2022-014501 SP 26 (05)
            P.A. A/A/O LISA WILLIAMSON,                      CIVIL DIVISION

                  Plaintiff,

            Vs.

            PROGRESSIVE SELECT INSURANCE
            COMPANY,

                  Defendant.

            ___________________________________/

                           DEFENDANT'S MOTION FOR PROTECTIVE ORDER
                  AND/OR MOTION TO STAY DISCOVERY PROPOUNDED BY PLAINTIFF


                  COMES NOW, the Defendant, PROGRESSIVE SELECT INSURANCE COMPANY, by

           and through the undersigned attorney, pursuant to Rule 1.280(c) of the Florida Rules of Civil

           Procedure, and moves this Honorable Court for a Protective Order limiting all discovery and/or an

           Order staying all discovery in the instant action. In support of this motion Defendant states:

                  1.      Plaintiff, GRAPPIN CLINIC OF CHIROPRACTIC, P.A. A/A/O LISA

           WILLIAMSON. The insured purchased a policy of insurance from Progressive. The policy of

           insurance is a contract between Progressive and its insured. The policy provided PIP benefits to

           the insured and those PIP benefits are the basis for this lawsuit, filed by a medical provider that

           provided treatment to the insured, pursuant to an assignment of benefits. The contract of insurance

           includes a mandatory venue provision. Progressive hereby invokes the mandatory venue provision

           of the policy and, requests this Court enforce the mandatory venue clause and dismiss/transfer

           Plaintiff’s Complaint/lawsuit to the appropriate venue in accordance with the terms of the policy.

                  2.      Plaintiff thereafter filed on or about 8/5/2022, initial and supplemental discovery to

                                                                                                     217791267



Filed 02/15/2024 04:41 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
                                                               CASE NO: 2022-014501 SP 26 (05)

Defendant in the instant case.

       3.      On or about 8/1/2022, Defendant served its Motion to Dismiss and/ or

Transfer Venue and to Enforce Mandatory Venue Clause.

       4.      As such, Defendant should not be required to respond to the Plaintiff’s discovery

requests referenced above at this time. Defendant respectfully requests that the Court grant

Defendant’s Motion to stay the above-referenced discovery and/or Motion for Protective Order

limiting Plaintiff’s discovery to the question presented in this matter as stated above or precluding

all pending discovery until such time as the issues raised by Defendant’s Motion to Dismiss are

heard by the Court or are otherwise resolved.

       WHEREFORE Defendant, PROGRESSIVE SELECT INSURANCE COMPANY,

respectfully requests that this Honorable Court enter an order granting its Motion to Stay the

above-referenced discoveries and/or enter a protective order limiting discovery to the issues

presented and precluding all pending discovery.



                                 (Certificate of Service to follow next page)




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                                                                 CASE NO: 2022-014501 SP 26 (05)

                              CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished via E-Mail on September 2, 2022 to Gregory J. Blackburn, Esq., Reifkind, Thompson &
Rudzinski, LLP, Attorney for Plaintiff, Grappin Clinic of Chiropractic, P.A., a/a/o Lisa
Williamson, PipService@rtrlaw.com, (954) 370-5152/(954) 370-1992 (F).

                                            Progressive PIP House Counsel
                                            Attorneys for Defendant
                                            9675 NW 117 Avenue
                                            Suite 200
                                            Medley, FL 33178
                                            (305) 423-3890 (Asst.)/(305) 908-8441 (Direct)
                                            Fax: (305) 887-2781
                                            SERVICE DESIGNATIONS:
                                            Primary: FLPIPHC-Miami@progressive.com
                                            Secondary Andres_Millon@progressive.com

                                            By: Andres Millon___________________________
                                                ANDRES MILLON, ESQUIRE
                                                Florida Bar No. 112649
                                                 “Salaried Employees of Progressive Casualty Insurance Company”




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