On January 09, 2019 a
Request,Application
was filed
involving a dispute between
Leyva, Aracelys,
Multimed Care, Inc.,
and
Geico General Insurance Company,
for Personal Injury Protection ($8,001 - $15,000)
in the District Court of Miami-Dade County.
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Filing # 84581662 E-Filed 02/07/2019 02:01:36 PM
IN THE COUNTY COURT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE # 19-000629 CC 26
MULTIMED CARE, INC.
AIAIO ARACELYS LEYVA,
Plaintiff,
v.
GEICO GENERAL
INSURANCE COMPANY,
Defendant.
f
!
PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS
The Plaintiff, hereinafter referred to as “Plaintiff, by and through its undersigned
counsel, and pursuant to Fla. R. Civ. Pro. 1.370, hereby requests the Defendant,
hereinafter referred to as “Defendant”, to admit the truth of these matters in writing within
the time prescribed.
4. Admit that Aracelys Leyva was involved in an automobile accident on the
date described in the Complaint.
2. Admit that the Defendant does not have any evidence to support an
argument that Aracelys Leyva was not involved in an automobile accident on the date
described in the Complaint.
3. Admit that Aracelys Leyva had an insurance contract or was otherwise
covered by an insurance contract with Defendant on the date described in the Compiaint.
4. Admit that said insurance cantract and policy with the Defendant provided
personal injury protection ("PIP") benefits fo Aracelys Leyva.& Admit that Aracelys Leyva is entitled to PIP benefits pursuant to said
insurance contract and policy with the Defendant.
6. Admit that said insurance contract and policy with the Defendant was in full
force and effect on the date of the accident described in the Complaint.
7. Admit that the prices charged by Plaintiff were reasonable for the services
rendered by the Plaintiff to Aracelys Leyva.
8. Admit that the Defendant did not provide the Plaintiff with any documents
which would reflect the arnounts charged by the Plaintiff for the services rendered by the
Plaintiff to Aracelys Leyva were unreasonabie.
9. Admit that the treatment rendered by the Plaintiff to Aracelys Leyva was
related to the car accident described in Plaintiff's Complaint.
10. Admit that the services rendered by the Plaintiff were reasonably performed
and medically necessary for injuries sustained by Aracelys Leyva in the car accident
described in Plaintiffs Complaint.
11. Admit that the Defendant does not have any reports prepared by a doctor of
the same licensing chapter of the treating physician(s) in this case stating that the
treatment rendered by the Plaintiff was “not reasonable," “not related,” of “not medically
necessary".
12. Admit that the Defendant prior to filing its initial answer in this case, did not
obtain a report from a physician licensed under the same licensing chapter as the
physician(s) that provided or ordered the treatment rendered by the Plaintiff stating that the
treatment rendered by the Plaintiff was “not reasonable,” “not related,” or “not medically
necessary".13. Admit that the Defendant has not provided the Plaintiff with any report stating
that the treatment provided to Aracelys Leyva was "not reasonable,” "not related,” or "not
medically necessary”.
14. Admit that the treatment rendered by Plaintiff to Aracelys Leyva was
“reasonable,” “related,” and "necessary" to the loss alleged within Plaintiff Complaint.
15. Admit that all medical expenses submitted by Plaintiff, which have not yet
been paid were “reasonable,” “related,” and “necessary” to the loss alleged within Plaintiff
Complaint.
46. Admit that the sole reason the Defendant did not pay the Plaintiff's medical
bill(s) which are the subject of this litigation was based on a paper review by a physician
retained by or on behalf of the Defendant.
17. Admit that a compulsory insurance medical examination (a/k/a independent
medical examination or insurance defense examination) was scheduled by the Defendant
and performed on Aracelys Leyva.
18. Admit that PIP benefits are due payable as loss accrues, upon receipt of
reasonable proof of such loss and the amount of expense and loss incurred which are
covered under the policy.
19. Admit that personal injury protection benefits are overdue if not paid within
thirty (20) days after Defendant is furnished with written notice of the fact of a covered loss
and the amount of the same unless Defendant has reasonable proof to establish it is not
responsible for the payment.
20, Admit defendant failed to pay Plaintiff's medical bills which are the subject
matter of this controversy within the statutory thirty day time period without havingreasonable proof to establish that Defendant was not responsible for the payment
21. Admit that coverage is not a defense to this case.
22. Admit that the Plaintiff complied with all conditions precedent prior to the filing
of this lawsuit.
23, Admit that Aracelys Leyva complied with all conditions precedent prior to the
filing of this lawsuit.
24, Admit that Plaintiff furnished Defendant with timely notice of its claim for no-
fault PIP benefits.
25. Admit that tate notice in the reporting of the motor vehicle accident is not a
defense in this case.
26. Admit that Plaintiff complied with the billing requirements contained within
Fla. Stat. 627.736 with respect to its medical bills which are the subject of this lawsuit.
27, Admit that the Defendant is not alleging the bills at issue were submitted to
the Defendant in an untimely fashion.
28. Admit that the Plaintiff has standing to file suit in this case.
28. Admit that lack of coaperation by Aracelys Leyva is not a defense to this
case.
30. Admit that the Defendant does not have photographs concerning the Plaintiff,
Aracelys Leyva, or of the vehicles involved in the accident.
31, Admit that the Defendant owes Plaintiff PIP benefits under the above-
referenced insurance contract that to date have not been paid.
32. Admit that a multiplier of the Lodestar for attorney's fees would be
appropriate if Plaintiff has a contingent fee contract with the undersigned law firm.33. Admit that the provisions of Florida Statute 627.428 apply to any dispute
between Plaintiff and Defendant conceming the coverage and the provisions of Florida
Statutes 627.730 - 627.7405.
34. Admit that, in the event Plaintiff is the prevailing party in this action, the law
firm of Majid Vossoughi, P_A., and its associate counsel{s), are entitled to recover,
pursuant to Fla, Stat, 627.428, their reasonable atiomey's fees and costs expended in
obtaining payment of medical benefits for the Plaintiff in this matter.
35. Admit that four hundred seventy five dollars ($475.00) per hour is a
reasonable hourly rate for legal services expended by attorney Majid Vossoughi, Esq. in
this case.
PLEASE BE ADVISED THAT PURSUANT TO FLA. R. CIV. PRO. 1.380{C) IF
DEFENDANT FAILS TO ADMIT THE GENUINENESS OF ANY DOCUMENTS
ATTACHED HERETO OR THE TRUTH OF ANY MATTER REQUESTED PURSUANT TO
RULE 1.370 AND PLAINTIFF THEREAFTER PROVES THE GENUINENESS OF THE
DOCUMENT OR THE TRUTH OF THE MATTER, PLAINTIFF MAY FILE A MOTION FOR
AN ORDER REQUIRING DEFENDANT TO PAY PLAINTIFF THE REASONABLE
EXPENSES IN MAKING THAT PROOF, WHICH MAY INCLUDE ATTORNEY’S FEES.
CERTIFICATE OF SERVICE
PT HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
with initial service of process to Defendant.
MAJID VOSSOUGHI, P.A.
Attomeys for Plaintiff
3620 N.W. 7° Street
Miami, Florida 33125
Telephone: (305) 642-2661
Facsimile: (305) 642-6881
wet
MAJIb Vossouenr
N
” Ela. Bar No. 0277370
Document Filed Date
February 07, 2019
Case Filing Date
January 09, 2019
Category
Personal Injury Protection ($8,001 - $15,000)
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Filing # 84581662 E-Filed 02/07/2019 02:01:36 PM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE # 19-000629 CC 26 MULTIMED CARE, INC. AIAIO ARACELYS LEYVA, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant. f ! PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS The Plaintiff, hereinafter referred to as “Plaintiff, by and through its undersigned counsel, and pursuant to Fla. R. Civ. Pro. 1.370, hereby requests the Defendant, hereinafter referred to as “Defendant”, to admit the truth of these matters in writing within the time prescribed. 4. Admit that Aracelys Leyva was involved in an automobile accident on the date described in the Complaint. 2. Admit that the Defendant does not have any evidence to support an argument that Aracelys Leyva was not involved in an automobile accident on the date described in the Complaint. 3. Admit that Aracelys Leyva had an insurance contract or was otherwise covered by an insurance contract with Defendant on the date described in the Compiaint. 4. Admit that said insurance cantract and policy with the Defendant provided personal injury protection ("PIP") benefits fo Aracelys Leyva.& Admit that Aracelys Leyva is entitled to PIP benefits pursuant to said insurance contract and policy with the Defendant. 6. Admit that said insurance contract and policy with the Defendant was in full force and effect on the date of the accident described in the Complaint. 7. Admit that the prices charged by Plaintiff were reasonable for the services rendered by the Plaintiff to Aracelys Leyva. 8. Admit that the Defendant did not provide the Plaintiff with any documents which would reflect the arnounts charged by the Plaintiff for the services rendered by the Plaintiff to Aracelys Leyva were unreasonabie. 9. Admit that the treatment rendered by the Plaintiff to Aracelys Leyva was related to the car accident described in Plaintiff's Complaint. 10. Admit that the services rendered by the Plaintiff were reasonably performed and medically necessary for injuries sustained by Aracelys Leyva in the car accident described in Plaintiffs Complaint. 11. Admit that the Defendant does not have any reports prepared by a doctor of the same licensing chapter of the treating physician(s) in this case stating that the treatment rendered by the Plaintiff was “not reasonable," “not related,” of “not medically necessary". 12. Admit that the Defendant prior to filing its initial answer in this case, did not obtain a report from a physician licensed under the same licensing chapter as the physician(s) that provided or ordered the treatment rendered by the Plaintiff stating that the treatment rendered by the Plaintiff was “not reasonable,” “not related,” or “not medically necessary".13. Admit that the Defendant has not provided the Plaintiff with any report stating that the treatment provided to Aracelys Leyva was "not reasonable,” "not related,” or "not medically necessary”. 14. Admit that the treatment rendered by Plaintiff to Aracelys Leyva was “reasonable,” “related,” and "necessary" to the loss alleged within Plaintiff Complaint. 15. Admit that all medical expenses submitted by Plaintiff, which have not yet been paid were “reasonable,” “related,” and “necessary” to the loss alleged within Plaintiff Complaint. 46. Admit that the sole reason the Defendant did not pay the Plaintiff's medical bill(s) which are the subject of this litigation was based on a paper review by a physician retained by or on behalf of the Defendant. 17. Admit that a compulsory insurance medical examination (a/k/a independent medical examination or insurance defense examination) was scheduled by the Defendant and performed on Aracelys Leyva. 18. Admit that PIP benefits are due payable as loss accrues, upon receipt of reasonable proof of such loss and the amount of expense and loss incurred which are covered under the policy. 19. Admit that personal injury protection benefits are overdue if not paid within thirty (20) days after Defendant is furnished with written notice of the fact of a covered loss and the amount of the same unless Defendant has reasonable proof to establish it is not responsible for the payment. 20, Admit defendant failed to pay Plaintiff's medical bills which are the subject matter of this controversy within the statutory thirty day time period without havingreasonable proof to establish that Defendant was not responsible for the payment 21. Admit that coverage is not a defense to this case. 22. Admit that the Plaintiff complied with all conditions precedent prior to the filing of this lawsuit. 23, Admit that Aracelys Leyva complied with all conditions precedent prior to the filing of this lawsuit. 24, Admit that Plaintiff furnished Defendant with timely notice of its claim for no- fault PIP benefits. 25. Admit that tate notice in the reporting of the motor vehicle accident is not a defense in this case. 26. Admit that Plaintiff complied with the billing requirements contained within Fla. Stat. 627.736 with respect to its medical bills which are the subject of this lawsuit. 27, Admit that the Defendant is not alleging the bills at issue were submitted to the Defendant in an untimely fashion. 28. Admit that the Plaintiff has standing to file suit in this case. 28. Admit that lack of coaperation by Aracelys Leyva is not a defense to this case. 30. Admit that the Defendant does not have photographs concerning the Plaintiff, Aracelys Leyva, or of the vehicles involved in the accident. 31, Admit that the Defendant owes Plaintiff PIP benefits under the above- referenced insurance contract that to date have not been paid. 32. Admit that a multiplier of the Lodestar for attorney's fees would be appropriate if Plaintiff has a contingent fee contract with the undersigned law firm.33. Admit that the provisions of Florida Statute 627.428 apply to any dispute between Plaintiff and Defendant conceming the coverage and the provisions of Florida Statutes 627.730 - 627.7405. 34. Admit that, in the event Plaintiff is the prevailing party in this action, the law firm of Majid Vossoughi, P_A., and its associate counsel{s), are entitled to recover, pursuant to Fla, Stat, 627.428, their reasonable atiomey's fees and costs expended in obtaining payment of medical benefits for the Plaintiff in this matter. 35. Admit that four hundred seventy five dollars ($475.00) per hour is a reasonable hourly rate for legal services expended by attorney Majid Vossoughi, Esq. in this case. PLEASE BE ADVISED THAT PURSUANT TO FLA. R. CIV. PRO. 1.380{C) IF DEFENDANT FAILS TO ADMIT THE GENUINENESS OF ANY DOCUMENTS ATTACHED HERETO OR THE TRUTH OF ANY MATTER REQUESTED PURSUANT TO RULE 1.370 AND PLAINTIFF THEREAFTER PROVES THE GENUINENESS OF THE DOCUMENT OR THE TRUTH OF THE MATTER, PLAINTIFF MAY FILE A MOTION FOR AN ORDER REQUIRING DEFENDANT TO PAY PLAINTIFF THE REASONABLE EXPENSES IN MAKING THAT PROOF, WHICH MAY INCLUDE ATTORNEY’S FEES. CERTIFICATE OF SERVICE PT HEREBY CERTIFY that a true and correct copy of the foregoing was furnished with initial service of process to Defendant. MAJID VOSSOUGHI, P.A. Attomeys for Plaintiff 3620 N.W. 7° Street Miami, Florida 33125 Telephone: (305) 642-2661 Facsimile: (305) 642-6881 wet MAJIb Vossouenr N ” Ela. Bar No. 0277370