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Filing # 182521325 E-Filed 09/25/2023 01:17:50 PM
UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11TH
WINTER PARK a/a/o ROB SYNDES , JUDICIAL CIRCUIT, IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
Plaintiff,
vs.
CASE NO: 2023-126470-SP-25
PROGRESSIVE SELECT INSURANCE
COMPANY ,
FLORIDA BAR NO.: 15918
Defendant.
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STATE OF FLORIDA
TO EACH SHERIFF OF SAID STATE:
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YOU ARE COMMANDED to serve this summons and a copy of the Complaint, Request for
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Admissions, Notice of Interrogatories, Request to Produce, and a letter requesting deposition(s), in this
action on Defendant:
PROGRESSIVE SELECT INSURANCE COMPANY
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c/o FLORIDA CHIEF FINANCIAL OFFICER AS RA
SERVICE OF PROCESS SECTION
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200 EAST GAINES STREET
TALLAHASSEE, FLORIDA 32399
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Each Defendant is required to serve written defense(s) to the Complaint on Plaintiff’s Attorney, to wit:
Gregory J. Blackburn, Esq.
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Address: c/o Reifkind, Thompson & Rudzinski, LLP.
3333 W. Commercial Blvd., Ste. 200B
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Ft. Lauderdale, FL 33309
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within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file
the original of the defenses without the clerk of his Court either before service on Plaintiff’s attorney or
immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for
the relief demanded in the Complaint.
A copy of a Complaint, Plaintiff’s First Request for Admissions to Defendant, Plaintiff’s First
Interrogatories to Defendant, Request for Production, and first request for deposition(s), shall be served
with this summons.
JUAN FERNANDEZ-BARQUIN,
CLERK OF THE COURT AND
COMPTROLLER, MIAMI-DADE COUNTY
By
Date: __________________
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Filing # 184443853 E-Filed 10/20/2023 02:27:50 PM
IN THE COUNTY COURT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NUMBER: 2023-126470-SP-25
UNIVERSITY DIAGNOSTIC INSTITUTE
WINTER PARK a/a/o ROB SYNDES,
Plaintiff,
vs.
PROGRESSIVE SELECT INSURANCE
COMPANY,
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Defendant.
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ANSWER AND AFFIRMATIVE DEFENSES
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PROGRESSIVE SELECT INSURANCE COMPANY (“Progressive”), hereby answers
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Plaintiff's Complaint and states:
1.
2.
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Admitted for jurisdictional purposes only.
Admitted as to Defendant maintaining agents in Miami Dade County for the
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3.
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Admitted that the Defendant is authorized to do business in Miami Dade County
and does business in said county, otherwise denied as framed.
4. Denied.
5. Without knowledge and therefore denied.
6. Denied.
7. Denied.
8. Admitted that Defendant issued an automobile policy of insurance, which provided
PIP benefits for reasonable, related, and necessary medical expenses and that said
policy was in full force and effect on the date of the alleged accident; otherwise
denied.
9. Admitted that Defendant issued an automobile policy of insurance, which provided
PIP benefits for reasonable, related, and necessary medical expenses and that said
policy was in full force and effect on the date of the alleged accident; otherwise
denied.
10. Denied.
11. Denied.
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12. Denied.
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13. Denied.
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14. Denied
F I COUNT I – BREACH OF CONTRACT
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15. Defendant re-affirms its responses to paragraphs 1-14 as if fully set forth herein.
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16. Denied.
17. Without knowledge and therefore denied.
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18.
19.
Denied.
All allegations of the Plaintiff’s Complaint that are not expressly admitted are
hereby denied.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
Defendant properly reimbursed the services at issue pursuant to statutory and
policy guidelines.
SECOND AFFIRMATIVE DEFENSE
Plaintiff failed to satisfy all conditions precedent to obtain PIP benefits under the
insurance policy involved in this claim. More specifically, Plaintiff failed to comply with
the statutory condition precedent of §627.736(10), Fla. Stat., by failing to serve a valid
Pre-suit Demand letter prior to filing this suit.
DEMAND FOR JURY TRIAL
Defendant hereby demands a jury trial of all issues triable of right by a jury.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 20th day of October, 2023, I electronically filed the
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foregoing with the Clerk of Courts by using the ECF system which will send a notice of
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electronic filing to: Gregory J. Blackburn, Esq., Reifkind, Thompson & Rudzinski, LLP at
PipService@rtrlaw.com; Gblackburn@rtrlaw.com.
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ANDREWS BIERNACKI DAVIS
F I _/s/ REBECCA L. BROCK
REBECCA L. BROCK, ESQUIRE
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2800 Biscayne Blvd., Suite 900A
Miami, FL 33137
(305) 374-7900
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FBN 0051972
Attorney for Defendant
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Designated service e-mail: rlb.service@abdmplaw.com
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THE ELEVENTH JUDICIAL CIRCUIT
MIAMI-DADE COUNTY, FLORIDA
CASE NO. 1
(Court Administration)
ADMINISTRATIVE ORDER
NO. 23-7
IN RE: REDISTRIBUTION OF CASES IN
THE COUNTY CIVIL DIVISION OF THE
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
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/
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WHEREAS, the Court has determined that it is necessary to redistribute a portion of the
county civil cases filed in the South Dade Justice Center to accommodate the increase in new case
filings and address the inequities in judicial workload in the South Dade Justice Center, location (26).
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NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Eleventh
Judicial Circuit of Florida, under Rule 2.215 of the Florida Rules of General Practice and Judicial
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Administration, it is hereby ORDERED that:
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1. The Clerk of Court shall take the following actions to achieve equity in the distribution
of cases in the County Civil Division of the Court:
a) The Clerk of Court shall make a one-time transfer of Personal Injury Cases, both
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County Court (CC) and Summary Procedure (SP), randomly identified in the
existing caseload from all sections in the South Dade Justice Center filed on or
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after June 1, 2023, and shall reassign said cases as follows:
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• 1,000 cases to judicial Section CL 01 in the Joseph Caleb Center Court.
• 3,000 cases to judicial Section CL 02 in the Joseph Caleb Center Court.
This Administrative Order shall take effect immediately upon signing and shall remain in
effect until further order of the Court.
27th day of
DONE AND ORDERED in Chambers at Miami-Dade County, Florida, this _____
September 2023.
___________________________________________
NUSHIN G. SAYFIE, CHIEF JUDGE
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
Filing # 182403638 E-Filed 09/22/2023 10:01:22 AM
FORM 1.997. CIVIL COVER SHEET
The civil cover sheet and the information contained in it neither replace nor supplement the filing
and service of pleadings or other documents as required by law. This form must be filed by the
plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant
to section 25.075, Florida Statutes. (See instructions for completion.)
I. CASE STYLE
IN THE CIRCUIT/COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
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UNIVERSITY DIAGNOSTIC INSTITUTE WINTER PARK
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Plaintiff Case #
Judge
vs.
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PROGRESSIVE SELECT INSURANCE COMPANY
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Defendant
II.
FFAMOUNT OF CLAIM
Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of
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the claim is requested for data collection and clerical processing purposes only. The amount of the claim
shall not be used for any other purpose.
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☒ $8,000 or less
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☐ $8,001 - $30,000
☐ $30,001- $50,000
☐ $50,001- $75,000
☐ $75,001 - $100,000
☐ over $100,000.00
III. TYPE OF CASE (If the case fits more than one type of case, select the most
definitive category.) If the most descriptive label is a subcategory (is indented under a broader
category), place an x on both the main category and subcategory lines.
-1-
CIRCUIT CIVIL
☐ Condominium
☐ Contracts and indebtedness
☐ Eminent domain
☐ Auto negligence
☐ Negligence—other
☐ Business governance
☐ Business torts
☐ Environmental/Toxic tort
☐ Third party indemnification
☐ Construction defect
☐ Mass tort
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☐ Negligent security
☐ Nursing home negligence
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☐ Premises liability—commercial
☐ Premises liability—residential
☐ Products liability
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☐ Real Property/Mortgage foreclosure
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☐ Commercial foreclosure
☐ Homestead residential foreclosure
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☐ Non-homestead residential foreclosure
☐ Other real property actions
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☐Professional malpractice
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☐ Malpractice—business
☐ Malpractice—medical
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☐ Malpractice—other professional
☐ Other
☐ Antitrust/Trade regulation
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☐ Business transactions
☐ Constitutional challenge—statute or ordinance
☐ Constitutional challenge—proposed amendment
☐ Corporate trusts
☐ Discrimination—employment or other
☐ Insurance claims
☐ Intellectual property
☐ Libel/Slander
☐ Shareholder derivative action
☐ Securities litigation
☐ Trade secrets
☐ Trust litigation
COUNTY CIVIL
☒ Small Claims up to $8,000
☐ Civil
☐ Real property/Mortgage foreclosure
-2-
☐ Replevins
☐ Evictions
☐ Residential Evictions
☐ Non-residential Evictions
☐ Other civil (non-monetary)
COMPLEX BUSINESS COURT
This action is appropriate for assignment to Complex Business Court as delineated and mandated by the
Administrative Order. Yes ☐ No ☒
IV. REMEDIES SOUGHT (check all that apply):
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☒ Monetary;
☐ Nonmonetary declaratory or injunctive relief;
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☐ Punitive
V. NUMBER OF CAUSES OF ACTION: [ ]
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(Specify)
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1
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VI. IS THIS CASE A CLASS ACTION LAWSUIT?
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☐ yes
☒ no
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VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
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☒ no
☐ yes If “yes,” list all related cases by name, case number, and court.
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VIII. IS JURY TRIAL DEMANDED IN COMPLAINT?
☒ yes
☐ no
IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE?
☐ yes
☒ no
I CERTIFY that the information I have provided in this cover sheet is accurate to the best of
my knowledge and belief, and that I have read and will comply with the requirements of
Florida Rule of Judicial Administration 2.425.
Signature: s/ Gregory J Blackburn Fla. Bar # 15918
Attorney or party (Bar # if attorney)
Gregory J Blackburn 09/22/2023
(type or print name) Date
-3-
Filing # 182521325 E-Filed 09/25/2023 01:17:50 PM
UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11TH
WINTER PARK a/a/o ROB SYNDES , JUDICIAL CIRCUIT, IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
Plaintiff,
vs.
CASE NO: 2023-126470-SP-25
PROGRESSIVE SELECT INSURANCE
COMPANY ,
FLORIDA BAR NO.: 15918
Defendant.
/
STATE OF FLORIDA
TO EACH SHERIFF OF SAID STATE:
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YOU ARE COMMANDED to serve this summons and a copy of the Complaint, Request for
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Admissions, Notice of Interrogatories, Request to Produce, and a letter requesting deposition(s), in this
action on Defendant:
PROGRESSIVE SELECT INSURANCE COMPANY
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c/o FLORIDA CHIEF FINANCIAL OFFICER AS RA
SERVICE OF PROCESS SECTION
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200 EAST GAINES STREET
TALLAHASSEE, FLORIDA 32399
F
Each Defendant is required to serve written defense(s) to the Complaint on Plaintiff’s Attorney, to wit:
Gregory J. Blackburn, Esq.
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Address: c/o Reifkind, Thompson & Rudzinski, LLP.
3333 W. Commercial Blvd., Ste. 200B
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Ft. Lauderdale, FL 33309
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within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file
the original of the defenses without the clerk of his Court either before service on Plaintiff’s attorney or
immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for
the relief demanded in the Complaint.
A copy of a Complaint, Plaintiff’s First Request for Admissions to Defendant, Plaintiff’s First
Interrogatories to Defendant, Request for Production, and first request for deposition(s), shall be served
with this summons.
JUAN FERNANDEZ-BARQUIN,
CLERK OF THE COURT AND
COMPTROLLER, MIAMI-DADE COUNTY
9/28/2023 By
Date: __________________
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JUAN FERNANDEZ BARQUIN, CLERK
CLERK OF THE CIRCUIT AND COUNTY COURTS
MIAMI DADE COUNTY, FLORIDA
CORAL GABLES DISTRICT COURT
3100 PONCE DE LEON BLVD
CORAL GABLES, FL 33134
(305) 569-2519
Datez02/21/2024
Re Case No 2023—126470-sp—25 SECTION 02
UNIVERSITY DIAGNOSTIC INSTITUTE WINTER PARK
Plaintiff
Vs
PROGRESSIVE SELECT INSURANCE COMPANY
IAL
Defendant
Dear Mr/Ms Brock
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This is to advise you that this cause is to be transferred to Seminole County. You must contact the
county in which this case is to be transferred for their filing fee amount, the type of payment accepted
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(check or money order), and who payment should be made payable to. Upon receipt of payment, this
case will be transferred to the aforementioned County. We must receive payment within 30 days of the
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date the judge signed the order.
Thank You,
U JUAN FERNANDEZ BARQUIN
CLERK
Circuit and County Courts
Miami Dade County, Florida
By: __ldelky Gonz ' "igzfi
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Cc: Court File
Filing # 186836776 E-Filed 11/27/2023 10:12:08 PM
IN THE COUNTY COURT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NUMBER: 2023-126470-SP-25
UNIVERSITY DIAGNOSTIC INSTITUTE
WINTER PARK a/a/o ROB SYNDES,
Plaintiff,
vs.
PROGRESSIVE SELECT INSURANCE
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COMPANY,
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Defendant.
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DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME
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TO FILE RESPONSES TO PLAINTIFF’S DISCOVERY
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Defendant, PROGRESSIVE SELECT INSURANCE COMPANY, by and through its
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undersigned counsel, and pursuant to Rule 1.090, Fla.R.Civ.P., respectfully requests this
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Honorable Court enter an Order enlarging the time within which Defendant may file responses to
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Plaintiff’s Supplemental Request to Produce regarding Reasonableness, Relatedness, and
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Application of Deductible to Defendant, and in support of said motion, Defendant states the
following:
1. Plaintiff filed a PIP suit against Defendant for unpaid and/or reduced medical bills
for treatment allegedly rendered to Rob Syndes as a result of injuries allegedly
sustained in an automobile accident which occurred on March 16, 2023.
2. Responses to Plaintiff’s Supplemental Request to Produce regarding
Reasonableness, Relatedness, and Application of Deductible to Defendant are due
on November 27, 2023.
3. The undersigned needs an additional sixty (60) days to obtain the claims file from
the client and photocopy same. Without said materials, the undersigned cannot
file meaningful responses to Plaintiff’s discovery on behalf of Defendant.
4. This motion is made in good faith and not for purposes of delay.
WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order
enlarging the time within which Defendant may file responses to Plaintiff’s Supplemental
Request to Produce regarding Reasonableness, Relatedness, and Application of Deductible to
Defendant.
CERTIFICATE OF SERVICE
IAL
I HEREBY CERTIFY that on this 27th day of November, 2023, I electronically filed
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the foregoing with the Clerk of Courts by using the ECF system which will send a notice of
electronic filing to: Gregory J. Blackburn, Esq., Reifkind, Thompson & Rudzinski, LLP at
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PipService@rtrlaw.com; Gblackburn@rtrlaw.com.
O F ANDREWS BIERNACKI DAVIS
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_/s/ REBECCA L. BROCK
REBECCA L. BROCK, ESQUIRE
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2800 Biscayne Blvd., Suite 900A
Miami, FL 33137
(305) 507-6181 x345
FBN 0051972
Attorney for Defendant
Designated service e-mail: rlb.service@abdmplaw.com
Filing # 186836776 E-Filed 11/27/2023 10:12:08 PM
IN THE COUNTY COURT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NUMBER: 2023-126470-SP-25
UNIVERSITY DIAGNOSTIC INSTITUTE
WINTER PARK a/a/o ROB SYNDES,
Plaintiff,
vs.
PROGRESSIVE SELECT INSURANCE
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COMPANY,
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Defendant.
/
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DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME
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TO FILE RESPONSES TO PLAINTIFF’S DISCOVERY
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Defendant, PROGRESSIVE SELECT INSURANCE COMPANY, by and through its
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undersigned counsel, and pursuant to Rule 1.090, Fla.R.Civ.P., respectfully requests this
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Honorable Court enter an Order enlarging the time within which Defendant may file responses to
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Plaintiff’s Request to Produce and Interrogatories to Defendant, and in support of said motion,
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Defendant states the following:
1. Plaintiff filed a PIP suit against Defendant for unpaid and/or reduced medical bills
for treatment allegedly rendered to Rob Syndes as a result of injuries allegedly
sustained in an automobile accident which occurred on March 16, 2023.
2. Responses to Plaintiff’s Request to Produce and Interrogatories to Defendant are
due on November 27, 2023.
3. The undersigned needs an additional sixty (60) days to obtain the claims file from
the client and photocopy same. Without said materials, the undersigned cannot
file meaningful responses to Plaintiff’s discovery on behalf of Defendant.
4. This motion is made in good faith and not for purposes of delay.
WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order
enlarging the time within which Defendant may file responses to Plaintiff’s Request to Produce
and First Set of Interrogatories to Defendant.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 27th day of November, 2023, I electronically filed
the foregoing with the Clerk of Courts by using the ECF system which will send a notice of
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electronic filing to: Gregory J. Blackburn, Esq., Reifkind, Thompson & Rudzinski, LLP at
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PipService@rtrlaw.com; Gblackburn@rtrlaw.com.
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ANDREWS BIERNACKI DAVIS
F I _/s/ REBECCA L. BROCK
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REBECCA L. BROCK, ESQUIRE
2800 Biscayne Blvd., Suite 900A
Miami, FL 33137
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(305) 507-6181 x345
FBN 0051972
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Attorney for Defendant
Designated service e-mail: rlb.service@abdmplaw.com
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Filing # 191107563 E-Filed 02/02/2024 10:04:38 AM
UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th
WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
Plaintiff,
vs. CASE NO.: 2023-126470-SP-25
PROGRESSIVE SELECT INSURANCE
COMPANY,
Defendant.
/
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PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT’S
PROPOSAL FOR SETTLEMENT
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COMES NOW, the Plaintiff, and hereby requests an order granting Plaintiff an extension of
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time in which to respond to Defendant’s Proposal for Settlement, and in support thereof, states as
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follows:
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1. This is an action for PIP benefits wherein Plaintiff claims entitlement to additional
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remuneration for reasonable, related and necessary services rendered to the patient who
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qualified for PIP coverage under the insurance policy issued by Defendant or one of its
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affiliate companies.
2. The Defendant served the Plaintiff with a Proposal for Settlement under Fla. Stat. 768.79 and
Fla.R.Civ.P. 1.442.
3. Without waiving its objections to the terms and conditions of the Proposal for Settlement,
Plaintiff requests an extension of time within which to accept and reject the Proposal for
Settlement.
4. The Court has the inherent authority to grant the requested relief as it pertains to the sanction
under Fla. Stat. 768.79. See Donohoe v. Starned Staffing, Inc., 743 So.2d 623 (Fla. 2d DCA
1999); Goldy v. Cordett Cranes Services, Inc., 692 So.2d 225 (Fla. 5th DCA 1997)(finding
that enlargement is authorized by Fla.R.Civ.P. 1.090); Kneeling v. Puleo, 675 So.2d 593
(Fla. 1996); Gulliver Academy v. Bodek, 694 So.2d 675 (Fla. 1997)(time periods to which
proposal for settlement/offer of judgment refer are procedural in nature and therefore
governed by Fla.R.Civ.P. 1.090); and, Baratta v. Bradford Electric, 34 Fla. L. Weekly D764
(Fla. 4th DCA 2009)(finding it permissive to allow Plaintiff an additional 20 days to
respond to an offer). See, also, Mark T. Macuga, D.C., P.A. a/a/o Charles Andre v. State
Farm Mutual Auto. Ins. Co., 14 Fla. L. Weekly Supp. 588b (Fla. 18th Cir. Cty. Ct.,
2006)(wherein the court granted time to discover essential facts necessary to a determination
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of claim and validity of the motion for sanctions).
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5. This motion is not made in bad faith nor delay, nor for any other dilatory purpose.
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6. The Defendant will suffer no harm or prejudice by the Court granting Plaintiff’s Motion for
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Extension for those reasons set forth above.
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WHEREFORE, Plaintiff, prays that this Honorable Court will enter an Order granting
Plaintiff’s Motion for Extension of Time to Respond to Defendant’s Proposal for Settlement, and
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grant all other and further relief this Court deems just and proper.
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(This Space Was Intentionally Left Blank)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Mail on February 2,
2024 to Rebecca L. Brock, Esq., ANDREWS BIERNACKI DAVIS, at rlb.service@abdmplaw.com.
RTRLAW, LLP
Attorneys for Plaintiff
3333 W. Commercial Blvd., Suite 200B
Ft. Lauderdale, FL 33309
Office: (954) 370-5152
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Fax: (954) 370-1992
Service E-mail: PipService@rtrlaw.com
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By: /s/ Gregory Blackburn_________
Gregory Blackburn, Esq.
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Florida Bar No. 15918
F I
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Filing # 184937369 E-Filed 10/27/2023 03:35:32 PM
UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th
WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
Plaintiff,
CASE NO.: 2023-126470-SP-25
vs.
PROGRESSIVE SELECT INSURANCE
COMPANY,
Defendant.
/
IAL
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PLAINTIFF’S MOTION FOR LEAVE TO SERVE ADDITIONAL
ADMISSIONS REQUESTS
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COMES NOW Plaintiff through their undersigned counsel and pursuant to Fla.R.Civ.P.
1.370 files this Motion for Leave to Serve Additional Admissions and as grounds therefore
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states as follows:
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1. Plaintiff has already served admissions requests to Defendant. Upon information and
belief, it is believed that Plaintiff has or will serve supplemental requests for admissions
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which exceed 30 as permitted by Fla.R.Civ.P. 1.370.
2. Therefore, in effort to resolve this case on the merits and to eliminate unnecessary
proof, Plaintiff seeks leave to serve the additional admissions requests which are
directly related to the issues in this case. The Court has both explicit and inherent
authority to permit service of additional admissions requests under Florida law.
3. Defendant will not suffer any prejudice in granting such relief to the Plaintiff.
4. Plaintiff moves for relief in good faith to resolve this suit on the merits, and not for the
purpose of delay or otherwise. Plaintiff has or will make a good faith effort to resolve
this issue without a hearing.
WHEREFORE, Plaintiff respectfully requests that this Court grant leave to serve
additional admissions, as is reasonable under the circumstances, and grant all other and further
relief this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via
EMail on October 27, 2023 to Rebecca L. Brock, Esq., with Andrews Biernacki Davis, at
rlb.service@abdmplaw.com.
REIFKIND, THOMPSON & RUDZINSKI, LLP
Attorneys for Plaintiff
3333 W. Commercial Blvd., Suite 200B
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Ft. Lauderdale, FL 33309
Office: (954) 370-5152
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Fax: (954) 370-1992
Service E-mail: PipService@rtrlaw.com
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By: /s/ Gregory Blackburn
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Gregory Blackburn, Esq.
Florida Bar No. 15918
FF
NO
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Filing # 184937369 E-Filed 10/27/2023 03:35:32 PM
UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th
WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
Plaintiff,
CASE NO.: 2023-126470-SP-25
vs.
PROGRESSIVE SELECT INSURANCE
COMPANY,
Defendant.
/
IAL
F I C
PLAINTIFF’S MOTION FOR LEAVE TO SERVE ADDITIONAL
INTERROGATORIES REQUESTS
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COMES NOW Plaintiff through their undersigned counsel and pursuant to Fla.R.Civ.P.
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1.340 files this Motion for Leave to Serve Additional Interrogatories and as grounds therefore
states as follows:
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1. Plaintiff has already served interrogatories to Defendant. Upon information and belief,
it is believed that Plaintiff has or will serve supplemental interrogatories which exceed 30 as
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permitted by Fla.R.Civ.P. 1.340.
2. Therefore, in effort to resolve this case on the merits and to eliminate unnecessary
proof, Plaintiff seeks leave to serve the additional interrogatories which are directly related to
the issues in this case. The Court has both explicit and inherent authority to permit service of
additional interrogatories requests under Florida law.
3. Defendant will not suffer any prejudice in granting such relief to the Plaintiff.
4. Plaintiff moves for relief in good faith to resolve this suit on the merits, and not for the
purpose of delay or otherwise. Plaintiff has or will make a good faith effort to resolve this issue
without a hearing.
WHEREFORE, Plaintiff respectfully requests that this Court grant leave to serve
additional interrogatories, as is reasonable under the circumstances, and grant all other and
further relief this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via
EMail on October 27, 2023 to Rebecca L. Brock, Esq., with Andrews Biernacki Davis, at
rlb.service@abdmplaw.com.
REIFKIND, THOMPSON & RUDZINSKI, LLP
Attorneys for Plaintiff
3333 W. Commercial Blvd., Suite 200B
Ft. Lauderdale, FL 33309
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Office: (954) 370-5152
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Fax: (954) 370-1992
Service E-mail: PipService@rtrlaw.com
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By: /s/ Gregory Blackburn
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Gregory Blackburn, Esq.
Florida Bar No. 15918
FF
NO
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Filing # 189822626 E-Filed 01/16/2024 01:35:01 PM
UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th
WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
Plaintiff,
Vs.
CASE NO.: 2023-126470-SP-25
PROGRESSIVE SELECT INSURANCE
COMPANY,
Defendant.
/
MOTION TO COMPEL RESPONSES TO PLAINTIFF’S INITIAL REQUESTS FOR
PRODUCTION
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Plaintiff, by and through their undersigned counsel and pursuant to Rule 1.380, Florida
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Rules of Civil Procedure, files this Motion to Compel Responses to Plaintiff’s Initial Requests
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for Production and as grounds therefore states as follows:
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1. On or about October 27, 2023, Plaintiff propounded these Initial Requests for Production.
2. Responses to Plaintiff’s Initial Requests for Production were due on November 27, 2023.
N
3. Defendant submitted a Motion for Enlargement of Time on November 27, 2023. However,
U
Defendant has yet to set said Motion for hearing, delaying litigation.
4. Defendant’s aforementioned Responses are overdue, and consequently Plaintiff requests
relief.
5. Plaintiff has made a good faith effort to resolve this dispute without unnecessary court
intervention. This motion is not intended for undue expense or delay and is in the interest of
justice and judicial economy.
WHEREFORE, Plaintiff, by and through the undersigned counsel, moves this Honorable
Court to enter an Order to Compel Responses to Plaintiff’s Initial Requests for Production, and any
other relief this Court deems just.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via EMail
on January 16, 2024 to Rebecca L. Brock, Esq., with Andrews Biernacki Davis, at
rlb.service@abdmplaw.com.
L
RTRLAW, LLP.
IA
Attorneys for Plaintiff
3333 W. Commercial Blvd., Suite 200B
Ft. Lauderdale, FL 33309
C
Office: (954) 370-5152
I
Fax: (954) 370-1992
Service E-mail: PipService@rtrlaw.com
FF By: /s/ Gregory Blackburn
Gregory Blackburn, Esq.
Florida Bar No. 15918
NO
U
Filing # 189822626 E-Filed 01/16/2024 01:35:01 PM
UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th
WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
Plaintiff,
Vs.
CASE NO.: 2023-126470-SP-25
PROGRESSIVE SELECT INSURANCE
COMPANY,
Defendant.
/
MOTION TO COMPEL RESPONSES TO PLAINTIFF’S SUPPLEMENTAL REQUESTS
FOR PRODUCTION REGARDING APPLICATION OF THE DEDUCTIBLE
IAL
Plaintiff, by and through their undersigned counsel and pursuant to Rule 1.380, Florida
I C
Rules of Civil Procedure, files this Motion to Compel Responses to Plaintiff’s Supplemental
F
Requests for Production Regarding Application of the Deductible and as grounds therefore states
F
as follows:
O
1. On or about October 27, 2023, Plaintiff propounded these Supplemental Requests for
N
Production Regarding Application of the Deductible.
U
2. Responses to Plaintiff’s Supplemental Requests for Production Regarding Application of the
Deductible were due on November 27, 2023.
3. Defendant submitted a Motion for Enlargement of Time on November 27, 2023. However,
Defendant has yet to set said Motion for hearing, delaying litigation.
4. Defendant’s aforementioned Responses are overdue, and consequently Plaintiff requests
relief.
5. Plaintiff has made a good faith effort to resolve this dispute without unnecessary court
intervention. This motion is not intended for undue expense or delay and is in the interest of
justice and judicial economy.
WHEREFORE, Plaintiff, by and through the undersigned counsel, moves this Honorable
Court to enter an Order to Compel Responses to Plaintiff’s Supplemental Requests for Production
Regarding Application of the Deductible, and any other relief this Court deems just.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via EMail
on January 16, 2024 to Rebecca L. Brock, Esq., with Andrews Biernacki Davis, at
rlb.service@abdmplaw.com.
RTRLAW, LLP.
Attorneys for Plaintiff
IAL
3333 W. Commercial Blvd., Suite 200B
C
Ft. Lauderdale, FL 33309
I
Office: (954) 370-5152
Fax: (954) 370-1992
F
Service E-mail: PipService@rtrlaw.com
F
By: /s/ Gregory Blackburn
Gregory Blackburn, Esq.
O
Florida Bar No. 15918
U N
Filing # 189822626 E-Filed 01/16/2024 01:35:01 PM
UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th
WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
Plaintiff,
Vs.
CASE NO.: 2023-126470-SP-25
PROGRESSIVE SELECT INSURANCE
COMPANY,
Defendant.
/
MOTION TO COMPEL RESPONSES TO PLAINTIFF’S SUPPLEMENTAL REQUESTS
FOR PRODUCTION REGARDING REASONABLENESS
IAL
Plaintiff, by and through their undersigned counsel and pursuant to Rule 1.380, Florida
I C
Rules of Civil Procedure, files this Motion to Compel Responses to Plaintiff’s Supplemental
F
Requests for Production Regarding Reasonableness and as grounds therefore states as follows:
O F
1. On or about October 27, 2023, Plaintiff propounded these Supplemental Requests for
Production Regarding Reasonableness.
N
2. Responses to Plaintiff’s Supplemental Requests for Production Regarding Reasonableness
U
were due on November 27, 2023.
Preview
IA L F I C O F U N IA L F I C O F U N Filing # 182521325 E-Filed 09/25/2023 01:17:50 PM UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11TH WINTER PARK a/a/o ROB SYNDES , JUDICIAL CIRCUIT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA Plaintiff, vs. CASE NO: 2023-126470-SP-25 PROGRESSIVE SELECT INSURANCE COMPANY , FLORIDA BAR NO.: 15918 Defendant. / STATE OF FLORIDA TO EACH SHERIFF OF SAID STATE: L YOU ARE COMMANDED to serve this summons and a copy of the Complaint, Request for IA Admissions, Notice of Interrogatories, Request to Produce, and a letter requesting deposition(s), in this action on Defendant: PROGRESSIVE SELECT INSURANCE COMPANY I C c/o FLORIDA CHIEF FINANCIAL OFFICER AS RA SERVICE OF PROCESS SECTION F 200 EAST GAINES STREET TALLAHASSEE, FLORIDA 32399 F Each Defendant is required to serve written defense(s) to the Complaint on Plaintiff’s Attorney, to wit: Gregory J. Blackburn, Esq. O Address: c/o Reifkind, Thompson & Rudzinski, LLP. 3333 W. Commercial Blvd., Ste. 200B N Ft. Lauderdale, FL 33309 U within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses without the clerk of his Court either before service on Plaintiff’s attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the Complaint. A copy of a Complaint, Plaintiff’s First Request for Admissions to Defendant, Plaintiff’s First Interrogatories to Defendant, Request for Production, and first request for deposition(s), shall be served with this summons. JUAN FERNANDEZ-BARQUIN, CLERK OF THE COURT AND COMPTROLLER, MIAMI-DADE COUNTY By Date: __________________ 1 Filing # 184443853 E-Filed 10/20/2023 02:27:50 PM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NUMBER: 2023-126470-SP-25 UNIVERSITY DIAGNOSTIC INSTITUTE WINTER PARK a/a/o ROB SYNDES, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, L Defendant. IA / ANSWER AND AFFIRMATIVE DEFENSES I C PROGRESSIVE SELECT INSURANCE COMPANY (“Progressive”), hereby answers F Plaintiff's Complaint and states: 1. 2. O F Admitted for jurisdictional purposes only. Admitted as to Defendant maintaining agents in Miami Dade County for the U 3. N purpose of selling automobile insurance policies; otherwise, denied. Admitted that the Defendant is authorized to do business in Miami Dade County and does business in said county, otherwise denied as framed. 4. Denied. 5. Without knowledge and therefore denied. 6. Denied. 7. Denied. 8. Admitted that Defendant issued an automobile policy of insurance, which provided PIP benefits for reasonable, related, and necessary medical expenses and that said policy was in full force and effect on the date of the alleged accident; otherwise denied. 9. Admitted that Defendant issued an automobile policy of insurance, which provided PIP benefits for reasonable, related, and necessary medical expenses and that said policy was in full force and effect on the date of the alleged accident; otherwise denied. 10. Denied. 11. Denied. L 12. Denied. IA 13. Denied. C 14. Denied F I COUNT I – BREACH OF CONTRACT F 15. Defendant re-affirms its responses to paragraphs 1-14 as if fully set forth herein. O 16. Denied. 17. Without knowledge and therefore denied. U N 18. 19. Denied. All allegations of the Plaintiff’s Complaint that are not expressly admitted are hereby denied. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Defendant properly reimbursed the services at issue pursuant to statutory and policy guidelines. SECOND AFFIRMATIVE DEFENSE Plaintiff failed to satisfy all conditions precedent to obtain PIP benefits under the insurance policy involved in this claim. More specifically, Plaintiff failed to comply with the statutory condition precedent of §627.736(10), Fla. Stat., by failing to serve a valid Pre-suit Demand letter prior to filing this suit. DEMAND FOR JURY TRIAL Defendant hereby demands a jury trial of all issues triable of right by a jury. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 20th day of October, 2023, I electronically filed the L foregoing with the Clerk of Courts by using the ECF system which will send a notice of IA electronic filing to: Gregory J. Blackburn, Esq., Reifkind, Thompson & Rudzinski, LLP at PipService@rtrlaw.com; Gblackburn@rtrlaw.com. C ANDREWS BIERNACKI DAVIS F I _/s/ REBECCA L. BROCK REBECCA L. BROCK, ESQUIRE F 2800 Biscayne Blvd., Suite 900A Miami, FL 33137 (305) 374-7900 O FBN 0051972 Attorney for Defendant N Designated service e-mail: rlb.service@abdmplaw.com U THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA CASE NO. 1 (Court Administration) ADMINISTRATIVE ORDER NO. 23-7 IN RE: REDISTRIBUTION OF CASES IN THE COUNTY CIVIL DIVISION OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA L / IA WHEREAS, the Court has determined that it is necessary to redistribute a portion of the county civil cases filed in the South Dade Justice Center to accommodate the increase in new case filings and address the inequities in judicial workload in the South Dade Justice Center, location (26). I C NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Eleventh Judicial Circuit of Florida, under Rule 2.215 of the Florida Rules of General Practice and Judicial F Administration, it is hereby ORDERED that: F 1. The Clerk of Court shall take the following actions to achieve equity in the distribution of cases in the County Civil Division of the Court: a) The Clerk of Court shall make a one-time transfer of Personal Injury Cases, both O County Court (CC) and Summary Procedure (SP), randomly identified in the existing caseload from all sections in the South Dade Justice Center filed on or N after June 1, 2023, and shall reassign said cases as follows: U • 1,000 cases to judicial Section CL 01 in the Joseph Caleb Center Court. • 3,000 cases to judicial Section CL 02 in the Joseph Caleb Center Court. This Administrative Order shall take effect immediately upon signing and shall remain in effect until further order of the Court. 27th day of DONE AND ORDERED in Chambers at Miami-Dade County, Florida, this _____ September 2023. ___________________________________________ NUSHIN G. SAYFIE, CHIEF JUDGE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA Filing # 182403638 E-Filed 09/22/2023 10:01:22 AM FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) I. CASE STYLE IN THE CIRCUIT/COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA L UNIVERSITY DIAGNOSTIC INSTITUTE WINTER PARK IA Plaintiff Case # Judge vs. C PROGRESSIVE SELECT INSURANCE COMPANY I Defendant II. FFAMOUNT OF CLAIM Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of O the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose. N ☒ $8,000 or less U ☐ $8,001 - $30,000 ☐ $30,001- $50,000 ☐ $50,001- $75,000 ☐ $75,001 - $100,000 ☐ over $100,000.00 III. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x on both the main category and subcategory lines. -1- CIRCUIT CIVIL ☐ Condominium ☐ Contracts and indebtedness ☐ Eminent domain ☐ Auto negligence ☐ Negligence—other ☐ Business governance ☐ Business torts ☐ Environmental/Toxic tort ☐ Third party indemnification ☐ Construction defect ☐ Mass tort L ☐ Negligent security ☐ Nursing home negligence IA ☐ Premises liability—commercial ☐ Premises liability—residential ☐ Products liability C ☐ Real Property/Mortgage foreclosure I ☐ Commercial foreclosure ☐ Homestead residential foreclosure F ☐ Non-homestead residential foreclosure ☐ Other real property actions F ☐Professional malpractice O ☐ Malpractice—business ☐ Malpractice—medical N ☐ Malpractice—other professional ☐ Other ☐ Antitrust/Trade regulation U ☐ Business transactions ☐ Constitutional challenge—statute or ordinance ☐ Constitutional challenge—proposed amendment ☐ Corporate trusts ☐ Discrimination—employment or other ☐ Insurance claims ☐ Intellectual property ☐ Libel/Slander ☐ Shareholder derivative action ☐ Securities litigation ☐ Trade secrets ☐ Trust litigation COUNTY CIVIL ☒ Small Claims up to $8,000 ☐ Civil ☐ Real property/Mortgage foreclosure -2- ☐ Replevins ☐ Evictions ☐ Residential Evictions ☐ Non-residential Evictions ☐ Other civil (non-monetary) COMPLEX BUSINESS COURT This action is appropriate for assignment to Complex Business Court as delineated and mandated by the Administrative Order. Yes ☐ No ☒ IV. REMEDIES SOUGHT (check all that apply): L ☒ Monetary; ☐ Nonmonetary declaratory or injunctive relief; IA ☐ Punitive V. NUMBER OF CAUSES OF ACTION: [ ] C (Specify) I 1 F VI. IS THIS CASE A CLASS ACTION LAWSUIT? F ☐ yes ☒ no O VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? N ☒ no ☐ yes If “yes,” list all related cases by name, case number, and court. U VIII. IS JURY TRIAL DEMANDED IN COMPLAINT? ☒ yes ☐ no IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE? ☐ yes ☒ no I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425. Signature: s/ Gregory J Blackburn Fla. Bar # 15918 Attorney or party (Bar # if attorney) Gregory J Blackburn 09/22/2023 (type or print name) Date -3- Filing # 182521325 E-Filed 09/25/2023 01:17:50 PM UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11TH WINTER PARK a/a/o ROB SYNDES , JUDICIAL CIRCUIT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA Plaintiff, vs. CASE NO: 2023-126470-SP-25 PROGRESSIVE SELECT INSURANCE COMPANY , FLORIDA BAR NO.: 15918 Defendant. / STATE OF FLORIDA TO EACH SHERIFF OF SAID STATE: L YOU ARE COMMANDED to serve this summons and a copy of the Complaint, Request for IA Admissions, Notice of Interrogatories, Request to Produce, and a letter requesting deposition(s), in this action on Defendant: PROGRESSIVE SELECT INSURANCE COMPANY I C c/o FLORIDA CHIEF FINANCIAL OFFICER AS RA SERVICE OF PROCESS SECTION F 200 EAST GAINES STREET TALLAHASSEE, FLORIDA 32399 F Each Defendant is required to serve written defense(s) to the Complaint on Plaintiff’s Attorney, to wit: Gregory J. Blackburn, Esq. O Address: c/o Reifkind, Thompson & Rudzinski, LLP. 3333 W. Commercial Blvd., Ste. 200B N Ft. Lauderdale, FL 33309 U within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses without the clerk of his Court either before service on Plaintiff’s attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the Complaint. A copy of a Complaint, Plaintiff’s First Request for Admissions to Defendant, Plaintiff’s First Interrogatories to Defendant, Request for Production, and first request for deposition(s), shall be served with this summons. JUAN FERNANDEZ-BARQUIN, CLERK OF THE COURT AND COMPTROLLER, MIAMI-DADE COUNTY 9/28/2023 By Date: __________________ 1 JUAN FERNANDEZ BARQUIN, CLERK CLERK OF THE CIRCUIT AND COUNTY COURTS MIAMI DADE COUNTY, FLORIDA CORAL GABLES DISTRICT COURT 3100 PONCE DE LEON BLVD CORAL GABLES, FL 33134 (305) 569-2519 Datez02/21/2024 Re Case No 2023—126470-sp—25 SECTION 02 UNIVERSITY DIAGNOSTIC INSTITUTE WINTER PARK Plaintiff Vs PROGRESSIVE SELECT INSURANCE COMPANY IAL Defendant Dear Mr/Ms Brock F I C F This is to advise you that this cause is to be transferred to Seminole County. You must contact the county in which this case is to be transferred for their filing fee amount, the type of payment accepted O (check or money order), and who payment should be made payable to. Upon receipt of payment, this case will be transferred to the aforementioned County. We must receive payment within 30 days of the N date the judge signed the order. Thank You, U JUAN FERNANDEZ BARQUIN CLERK Circuit and County Courts Miami Dade County, Florida By: __ldelky Gonz ' "igzfi * , T?! ‘39" Cc: Court File Filing # 186836776 E-Filed 11/27/2023 10:12:08 PM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NUMBER: 2023-126470-SP-25 UNIVERSITY DIAGNOSTIC INSTITUTE WINTER PARK a/a/o ROB SYNDES, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE L COMPANY, IA Defendant. / C DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME I TO FILE RESPONSES TO PLAINTIFF’S DISCOVERY F Defendant, PROGRESSIVE SELECT INSURANCE COMPANY, by and through its F undersigned counsel, and pursuant to Rule 1.090, Fla.R.Civ.P., respectfully requests this O Honorable Court enter an Order enlarging the time within which Defendant may file responses to N Plaintiff’s Supplemental Request to Produce regarding Reasonableness, Relatedness, and U Application of Deductible to Defendant, and in support of said motion, Defendant states the following: 1. Plaintiff filed a PIP suit against Defendant for unpaid and/or reduced medical bills for treatment allegedly rendered to Rob Syndes as a result of injuries allegedly sustained in an automobile accident which occurred on March 16, 2023. 2. Responses to Plaintiff’s Supplemental Request to Produce regarding Reasonableness, Relatedness, and Application of Deductible to Defendant are due on November 27, 2023. 3. The undersigned needs an additional sixty (60) days to obtain the claims file from the client and photocopy same. Without said materials, the undersigned cannot file meaningful responses to Plaintiff’s discovery on behalf of Defendant. 4. This motion is made in good faith and not for purposes of delay. WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order enlarging the time within which Defendant may file responses to Plaintiff’s Supplemental Request to Produce regarding Reasonableness, Relatedness, and Application of Deductible to Defendant. CERTIFICATE OF SERVICE IAL I HEREBY CERTIFY that on this 27th day of November, 2023, I electronically filed I C the foregoing with the Clerk of Courts by using the ECF system which will send a notice of electronic filing to: Gregory J. Blackburn, Esq., Reifkind, Thompson & Rudzinski, LLP at F PipService@rtrlaw.com; Gblackburn@rtrlaw.com. O F ANDREWS BIERNACKI DAVIS N _/s/ REBECCA L. BROCK REBECCA L. BROCK, ESQUIRE U 2800 Biscayne Blvd., Suite 900A Miami, FL 33137 (305) 507-6181 x345 FBN 0051972 Attorney for Defendant Designated service e-mail: rlb.service@abdmplaw.com Filing # 186836776 E-Filed 11/27/2023 10:12:08 PM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NUMBER: 2023-126470-SP-25 UNIVERSITY DIAGNOSTIC INSTITUTE WINTER PARK a/a/o ROB SYNDES, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE L COMPANY, IA Defendant. / C DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME I TO FILE RESPONSES TO PLAINTIFF’S DISCOVERY F Defendant, PROGRESSIVE SELECT INSURANCE COMPANY, by and through its F undersigned counsel, and pursuant to Rule 1.090, Fla.R.Civ.P., respectfully requests this O Honorable Court enter an Order enlarging the time within which Defendant may file responses to N Plaintiff’s Request to Produce and Interrogatories to Defendant, and in support of said motion, U Defendant states the following: 1. Plaintiff filed a PIP suit against Defendant for unpaid and/or reduced medical bills for treatment allegedly rendered to Rob Syndes as a result of injuries allegedly sustained in an automobile accident which occurred on March 16, 2023. 2. Responses to Plaintiff’s Request to Produce and Interrogatories to Defendant are due on November 27, 2023. 3. The undersigned needs an additional sixty (60) days to obtain the claims file from the client and photocopy same. Without said materials, the undersigned cannot file meaningful responses to Plaintiff’s discovery on behalf of Defendant. 4. This motion is made in good faith and not for purposes of delay. WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order enlarging the time within which Defendant may file responses to Plaintiff’s Request to Produce and First Set of Interrogatories to Defendant. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 27th day of November, 2023, I electronically filed the foregoing with the Clerk of Courts by using the ECF system which will send a notice of L electronic filing to: Gregory J. Blackburn, Esq., Reifkind, Thompson & Rudzinski, LLP at IA PipService@rtrlaw.com; Gblackburn@rtrlaw.com. C ANDREWS BIERNACKI DAVIS F I _/s/ REBECCA L. BROCK F REBECCA L. BROCK, ESQUIRE 2800 Biscayne Blvd., Suite 900A Miami, FL 33137 O (305) 507-6181 x345 FBN 0051972 N Attorney for Defendant Designated service e-mail: rlb.service@abdmplaw.com U Filing # 191107563 E-Filed 02/02/2024 10:04:38 AM UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA Plaintiff, vs. CASE NO.: 2023-126470-SP-25 PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. / L PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT’S PROPOSAL FOR SETTLEMENT IA COMES NOW, the Plaintiff, and hereby requests an order granting Plaintiff an extension of I C time in which to respond to Defendant’s Proposal for Settlement, and in support thereof, states as F follows: F 1. This is an action for PIP benefits wherein Plaintiff claims entitlement to additional O remuneration for reasonable, related and necessary services rendered to the patient who N qualified for PIP coverage under the insurance policy issued by Defendant or one of its U affiliate companies. 2. The Defendant served the Plaintiff with a Proposal for Settlement under Fla. Stat. 768.79 and Fla.R.Civ.P. 1.442. 3. Without waiving its objections to the terms and conditions of the Proposal for Settlement, Plaintiff requests an extension of time within which to accept and reject the Proposal for Settlement. 4. The Court has the inherent authority to grant the requested relief as it pertains to the sanction under Fla. Stat. 768.79. See Donohoe v. Starned Staffing, Inc., 743 So.2d 623 (Fla. 2d DCA 1999); Goldy v. Cordett Cranes Services, Inc., 692 So.2d 225 (Fla. 5th DCA 1997)(finding that enlargement is authorized by Fla.R.Civ.P. 1.090); Kneeling v. Puleo, 675 So.2d 593 (Fla. 1996); Gulliver Academy v. Bodek, 694 So.2d 675 (Fla. 1997)(time periods to which proposal for settlement/offer of judgment refer are procedural in nature and therefore governed by Fla.R.Civ.P. 1.090); and, Baratta v. Bradford Electric, 34 Fla. L. Weekly D764 (Fla. 4th DCA 2009)(finding it permissive to allow Plaintiff an additional 20 days to respond to an offer). See, also, Mark T. Macuga, D.C., P.A. a/a/o Charles Andre v. State Farm Mutual Auto. Ins. Co., 14 Fla. L. Weekly Supp. 588b (Fla. 18th Cir. Cty. Ct., 2006)(wherein the court granted time to discover essential facts necessary to a determination L of claim and validity of the motion for sanctions). IA 5. This motion is not made in bad faith nor delay, nor for any other dilatory purpose. C 6. The Defendant will suffer no harm or prejudice by the Court granting Plaintiff’s Motion for I Extension for those reasons set forth above. F F WHEREFORE, Plaintiff, prays that this Honorable Court will enter an Order granting Plaintiff’s Motion for Extension of Time to Respond to Defendant’s Proposal for Settlement, and O grant all other and further relief this Court deems just and proper. N U (This Space Was Intentionally Left Blank) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Mail on February 2, 2024 to Rebecca L. Brock, Esq., ANDREWS BIERNACKI DAVIS, at rlb.service@abdmplaw.com. RTRLAW, LLP Attorneys for Plaintiff 3333 W. Commercial Blvd., Suite 200B Ft. Lauderdale, FL 33309 Office: (954) 370-5152 L Fax: (954) 370-1992 Service E-mail: PipService@rtrlaw.com IA By: /s/ Gregory Blackburn_________ Gregory Blackburn, Esq. C Florida Bar No. 15918 F I O F U N Filing # 184937369 E-Filed 10/27/2023 03:35:32 PM UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA Plaintiff, CASE NO.: 2023-126470-SP-25 vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. / IAL F I C PLAINTIFF’S MOTION FOR LEAVE TO SERVE ADDITIONAL ADMISSIONS REQUESTS F COMES NOW Plaintiff through their undersigned counsel and pursuant to Fla.R.Civ.P. 1.370 files this Motion for Leave to Serve Additional Admissions and as grounds therefore O states as follows: N 1. Plaintiff has already served admissions requests to Defendant. Upon information and belief, it is believed that Plaintiff has or will serve supplemental requests for admissions U which exceed 30 as permitted by Fla.R.Civ.P. 1.370. 2. Therefore, in effort to resolve this case on the merits and to eliminate unnecessary proof, Plaintiff seeks leave to serve the additional admissions requests which are directly related to the issues in this case. The Court has both explicit and inherent authority to permit service of additional admissions requests under Florida law. 3. Defendant will not suffer any prejudice in granting such relief to the Plaintiff. 4. Plaintiff moves for relief in good faith to resolve this suit on the merits, and not for the purpose of delay or otherwise. Plaintiff has or will make a good faith effort to resolve this issue without a hearing. WHEREFORE, Plaintiff respectfully requests that this Court grant leave to serve additional admissions, as is reasonable under the circumstances, and grant all other and further relief this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via EMail on October 27, 2023 to Rebecca L. Brock, Esq., with Andrews Biernacki Davis, at rlb.service@abdmplaw.com. REIFKIND, THOMPSON & RUDZINSKI, LLP Attorneys for Plaintiff 3333 W. Commercial Blvd., Suite 200B L Ft. Lauderdale, FL 33309 Office: (954) 370-5152 IA Fax: (954) 370-1992 Service E-mail: PipService@rtrlaw.com C By: /s/ Gregory Blackburn I Gregory Blackburn, Esq. Florida Bar No. 15918 FF NO U Filing # 184937369 E-Filed 10/27/2023 03:35:32 PM UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA Plaintiff, CASE NO.: 2023-126470-SP-25 vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. / IAL F I C PLAINTIFF’S MOTION FOR LEAVE TO SERVE ADDITIONAL INTERROGATORIES REQUESTS F COMES NOW Plaintiff through their undersigned counsel and pursuant to Fla.R.Civ.P. O 1.340 files this Motion for Leave to Serve Additional Interrogatories and as grounds therefore states as follows: N 1. Plaintiff has already served interrogatories to Defendant. Upon information and belief, it is believed that Plaintiff has or will serve supplemental interrogatories which exceed 30 as U permitted by Fla.R.Civ.P. 1.340. 2. Therefore, in effort to resolve this case on the merits and to eliminate unnecessary proof, Plaintiff seeks leave to serve the additional interrogatories which are directly related to the issues in this case. The Court has both explicit and inherent authority to permit service of additional interrogatories requests under Florida law. 3. Defendant will not suffer any prejudice in granting such relief to the Plaintiff. 4. Plaintiff moves for relief in good faith to resolve this suit on the merits, and not for the purpose of delay or otherwise. Plaintiff has or will make a good faith effort to resolve this issue without a hearing. WHEREFORE, Plaintiff respectfully requests that this Court grant leave to serve additional interrogatories, as is reasonable under the circumstances, and grant all other and further relief this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via EMail on October 27, 2023 to Rebecca L. Brock, Esq., with Andrews Biernacki Davis, at rlb.service@abdmplaw.com. REIFKIND, THOMPSON & RUDZINSKI, LLP Attorneys for Plaintiff 3333 W. Commercial Blvd., Suite 200B Ft. Lauderdale, FL 33309 L Office: (954) 370-5152 IA Fax: (954) 370-1992 Service E-mail: PipService@rtrlaw.com C By: /s/ Gregory Blackburn I Gregory Blackburn, Esq. Florida Bar No. 15918 FF NO U Filing # 189822626 E-Filed 01/16/2024 01:35:01 PM UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA Plaintiff, Vs. CASE NO.: 2023-126470-SP-25 PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. / MOTION TO COMPEL RESPONSES TO PLAINTIFF’S INITIAL REQUESTS FOR PRODUCTION IAL Plaintiff, by and through their undersigned counsel and pursuant to Rule 1.380, Florida I C Rules of Civil Procedure, files this Motion to Compel Responses to Plaintiff’s Initial Requests F for Production and as grounds therefore states as follows: O F 1. On or about October 27, 2023, Plaintiff propounded these Initial Requests for Production. 2. Responses to Plaintiff’s Initial Requests for Production were due on November 27, 2023. N 3. Defendant submitted a Motion for Enlargement of Time on November 27, 2023. However, U Defendant has yet to set said Motion for hearing, delaying litigation. 4. Defendant’s aforementioned Responses are overdue, and consequently Plaintiff requests relief. 5. Plaintiff has made a good faith effort to resolve this dispute without unnecessary court intervention. This motion is not intended for undue expense or delay and is in the interest of justice and judicial economy. WHEREFORE, Plaintiff, by and through the undersigned counsel, moves this Honorable Court to enter an Order to Compel Responses to Plaintiff’s Initial Requests for Production, and any other relief this Court deems just. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via EMail on January 16, 2024 to Rebecca L. Brock, Esq., with Andrews Biernacki Davis, at rlb.service@abdmplaw.com. L RTRLAW, LLP. IA Attorneys for Plaintiff 3333 W. Commercial Blvd., Suite 200B Ft. Lauderdale, FL 33309 C Office: (954) 370-5152 I Fax: (954) 370-1992 Service E-mail: PipService@rtrlaw.com FF By: /s/ Gregory Blackburn Gregory Blackburn, Esq. Florida Bar No. 15918 NO U Filing # 189822626 E-Filed 01/16/2024 01:35:01 PM UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA Plaintiff, Vs. CASE NO.: 2023-126470-SP-25 PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. / MOTION TO COMPEL RESPONSES TO PLAINTIFF’S SUPPLEMENTAL REQUESTS FOR PRODUCTION REGARDING APPLICATION OF THE DEDUCTIBLE IAL Plaintiff, by and through their undersigned counsel and pursuant to Rule 1.380, Florida I C Rules of Civil Procedure, files this Motion to Compel Responses to Plaintiff’s Supplemental F Requests for Production Regarding Application of the Deductible and as grounds therefore states F as follows: O 1. On or about October 27, 2023, Plaintiff propounded these Supplemental Requests for N Production Regarding Application of the Deductible. U 2. Responses to Plaintiff’s Supplemental Requests for Production Regarding Application of the Deductible were due on November 27, 2023. 3. Defendant submitted a Motion for Enlargement of Time on November 27, 2023. However, Defendant has yet to set said Motion for hearing, delaying litigation. 4. Defendant’s aforementioned Responses are overdue, and consequently Plaintiff requests relief. 5. Plaintiff has made a good faith effort to resolve this dispute without unnecessary court intervention. This motion is not intended for undue expense or delay and is in the interest of justice and judicial economy. WHEREFORE, Plaintiff, by and through the undersigned counsel, moves this Honorable Court to enter an Order to Compel Responses to Plaintiff’s Supplemental Requests for Production Regarding Application of the Deductible, and any other relief this Court deems just. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via EMail on January 16, 2024 to Rebecca L. Brock, Esq., with Andrews Biernacki Davis, at rlb.service@abdmplaw.com. RTRLAW, LLP. Attorneys for Plaintiff IAL 3333 W. Commercial Blvd., Suite 200B C Ft. Lauderdale, FL 33309 I Office: (954) 370-5152 Fax: (954) 370-1992 F Service E-mail: PipService@rtrlaw.com F By: /s/ Gregory Blackburn Gregory Blackburn, Esq. O Florida Bar No. 15918 U N Filing # 189822626 E-Filed 01/16/2024 01:35:01 PM UNIVERSITY DIAGNOSTIC INSTITUTE IN THE COUNTY COURT OF THE 11th WINTER PARK a/a/o ROB SYNDES, JUDICIAL CIRCUIT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA Plaintiff, Vs. CASE NO.: 2023-126470-SP-25 PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. / MOTION TO COMPEL RESPONSES TO PLAINTIFF’S SUPPLEMENTAL REQUESTS FOR PRODUCTION REGARDING REASONABLENESS IAL Plaintiff, by and through their undersigned counsel and pursuant to Rule 1.380, Florida I C Rules of Civil Procedure, files this Motion to Compel Responses to Plaintiff’s Supplemental F Requests for Production Regarding Reasonableness and as grounds therefore states as follows: O F 1. On or about October 27, 2023, Plaintiff propounded these Supplemental Requests for Production Regarding Reasonableness. N 2. Responses to Plaintiff’s Supplemental Requests for Production Regarding Reasonableness U were due on November 27, 2023.