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Filing # 75149233 E-Filed 07/18/2018 02:28:12 PM
IN THE COUNTY COURT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
LUIS GARCIA CASE NO.: 17-1430-CC-21
VS.
Plaintiff,
GEICO GENERAL INSURANCE COMPANY
COMPANY
Defendant.
RESPONSE TO REQUEST FOR PRODUCTION
Defendant, GEICO GENERAL INSURANCE COMPANY COMPANY, by and through
their undersigned attorneys, hereby responds to Plaintiff's, LUIS GARCIA, Request for Production
and states as follows:
we ONDA Fw N
AR wWwN SF Oo
The PIP log has been requested and will be provided upon receipt.
The policy of insurance is attached.
Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.
. Please refer to the non-privileged portions of the claim file attached.
. Please refer to the non-privileged portions of the claim file attached.
. Please refer to the non-privileged portions of the claim file attached.
. Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.16.
17.
18.
19,
20.
21
22.
23.
24.
25
26.
27
Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information. Subject to and without waiving any objection, an
IME has not been conducted in this matter.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information. Subject to and without waiving any objection, a peer
review has not been conducted in this matter.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information. Subject to and without waiving any objection, a peer
review has not been conducted in this matter.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.28.
29.
30.
33.
34.
38.
39.
40.
4l
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
An EUO has not been conducted in this matter.
Objection. Irrelevant, immaterial, not germane to the issues of this case, not reasonably
calculated to lead to the discovery of admissible evidence. Subject to and without
waiving any objection, an EUO has not been taken in this matter.
Objection. Irrelevant, immaterial, not germane to the issues of this case, not reasonably
calculated to lead to the discovery of admissible evidence. Subject to and without
waiving any objection, an EUO has not been taken in this matter.
Objection. Irrelevant, immaterial, not germane to the issues of this case, not reasonably
calculated to lead to the discovery of admissible evidence. Subject to and without
waiving any objection, an EUO has not been taken in this matter.
. Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information. Subject to and without waiving any objection, none.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information. Subject to and without waiving any objection, none.
Please refer to the non-privileged portions of the claim file attached.
Please refer to the non-privileged portions of the claim file attached.
Objection. Irrelevant, immaterial, not germane to the issues of this case, not reasonably
calculated to lead to the discovery of admissible evidence.42.
43
44
4S.
40.
47.
48.
49,
50
Objection. Irrelevant, immaterial, not germane to the issues of this case, not reasonably
calculated to lead to the discovery of admissible evidence.
GEICO objects to this request as it is overly broad in scope, vague, and ambiguous. Said
request appears to be seeking information that is confidential and protected by the work
product privilege and attorney-client privilege. State Farm Fla. Ins. Co. v. Gallmon, 835
So.2d 389, 390 (Fla 2d DCA 2003), finding that “claim files, investigative reports,
adjusters notes” and other documents are “either irrelevant to the first party dispute that
this case presents or are privileged work product.”
GEICO objects to this request as it is overly broad in scope, vague, and ambiguous. Said
request appears to be seeking information that is confidential and protected by the work
product privilege and attorney-client privilege. State Farm Fla. Ins. Co. v. Gallmon, 835
So.2d 389, 390 (Fla 2d DCA 2003), finding that “claim files, investigative reports,
adjusters notes” and other documents are “either irrelevant to the first party dispute that
this case presents or are privileged work product.”
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
Objection; improper burden shifting. Pursuant to Derius v. Allstate Indenmity Co., 723
So.2d 271 (Fla. 4th DCA 1998), it is Plaintiffs burden to prove treatment and bills for
treatment are reasonable, related and necessary
Objection; improper burden shifting. Pursuant to Derius v. Allstate Indemnity Co., 723
So.2d 271 (Fla. 4th DCA 1998), it is Plaintiffs burden to prove treatment and bills for
treatment are reasonable, related and necessary.
GEICO objects to producing underwriting information on the ground that it is not
relevant to any issue in the underlying claim, nor is it reasonably calculated to lead to51
52
53
54.
55
56.
57.
58
the discovery of relevant information, because there is no dispute that the applicable
policy was in effect on the date of loss.
GEICO objects to this request as it is overly broad in scope, vague, and ambiguous. Said
request appears to be seeking information that is confidential and protected by the work
product privilege and attorney-client privilege. State Farm Fla. Ins. Co. v. Gallmon, 835
So.2d 389, 390 (Fla 2d DCA 2003), finding that “claim files, investigative reports,
adjusters notes” and other documents are “either irrelevant to the first party dispute that
this case presents or are privileged work product.”
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
GEICO objects to this request as overbroad, vague, ambiguous, and as seeking information
that is neither relevant nor reasonably calculated to lead to the discovery of admissible
evidence. Further, the documents sought may also violate the attorney-client privilege, work
product doctrine and GEICO's right to claim file protection. Without waiving any objection,
please refer to the non-privileged portions of the claim file attached.
GEICO objects to this request as overbroad, vague, ambiguous, and as seeking information
that is neither relevant nor reasonably calculated to lead to the discovery of admissible
evidence. Further, the documents sought may also violate the attorney-client privilege, work
product doctrine and GEICO's right to claim file protection. Without waiving any objection,
please refer to the non-privileged portions of the claim file attached.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of
admissible evidence, overly broad, vague, contains privileged trade secrets and
confidential proprietary information.
The subject policy of insurance is attached.59
60.
61
62.
63
64.
65.
66.
67.
68.
69.
Please refer to the non-privileged portions of the claim file attached.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the
admissible evidence, overly broad, vague, contains privileged trade
confidential proprietary information.
. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the
admissible evidence, overly broad, vague, contains privileged trade
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the
admissible evidence, overly broad, vague, contains privileged trade
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the
admissible evidence, overly broad, vague, contains privileged trade
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the
admissible evidence, overly broad, vague, contains privileged trade
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the
admissible evidence, overly broad, vague, contains privileged trade
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the
admissible evidence, overly broad, vague, contains privileged trade
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the
admissible evidence, overly broad, vague, contains privileged trade
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the
admissible evidence, overly broad, vague, contains privileged trade
confidential proprietary information.
Objection. Irrelevant, immaterial, not reasonably calculated to lead to the
admissible evidence, overly broad, vague, contains privileged trade
confidential proprietary information.
discovery of
secrets and
discovery of
secrets and
discovery of
secrets and
discovery of
secrets and
discovery of
secrets and
discovery of
secrets and
discovery of
secrets and
discovery of
secrets and
discovery of
secrets and
discovery of
secrets andCERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Mail on this the 18" day of July, 2018 to the following designated service email
address: Paul Schrier, Esq., Paul K. Schrier, P.A., paul@paulschrierpa.com
LAW OFFICE OF HAYDEE DE LA ROSA-TOLGYESI
By: /s/ Lisa-Ann Terry, Esq.
Lisa-Ann Terry, Esq
(Employees of GEICO General Insurance Company)
Florida Bar No.: 0156817
2600 Douglas Road, Suite 700
Coral Gables, FL 33134
Phone: 786-483-1802
Facsimile: 305-373-3661
Service Email: Miamipipgeico@geico.com
Preview
Filing # 75149233 E-Filed 07/18/2018 02:28:12 PM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION LUIS GARCIA CASE NO.: 17-1430-CC-21 VS. Plaintiff, GEICO GENERAL INSURANCE COMPANY COMPANY Defendant. RESPONSE TO REQUEST FOR PRODUCTION Defendant, GEICO GENERAL INSURANCE COMPANY COMPANY, by and through their undersigned attorneys, hereby responds to Plaintiff's, LUIS GARCIA, Request for Production and states as follows: we ONDA Fw N AR wWwN SF Oo The PIP log has been requested and will be provided upon receipt. The policy of insurance is attached. Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached. . Please refer to the non-privileged portions of the claim file attached. . Please refer to the non-privileged portions of the claim file attached. . Please refer to the non-privileged portions of the claim file attached. . Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached.16. 17. 18. 19, 20. 21 22. 23. 24. 25 26. 27 Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Subject to and without waiving any objection, an IME has not been conducted in this matter. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Subject to and without waiving any objection, a peer review has not been conducted in this matter. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Subject to and without waiving any objection, a peer review has not been conducted in this matter. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information.28. 29. 30. 33. 34. 38. 39. 40. 4l Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. An EUO has not been conducted in this matter. Objection. Irrelevant, immaterial, not germane to the issues of this case, not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving any objection, an EUO has not been taken in this matter. Objection. Irrelevant, immaterial, not germane to the issues of this case, not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving any objection, an EUO has not been taken in this matter. Objection. Irrelevant, immaterial, not germane to the issues of this case, not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving any objection, an EUO has not been taken in this matter. . Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Subject to and without waiving any objection, none. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Subject to and without waiving any objection, none. Please refer to the non-privileged portions of the claim file attached. Please refer to the non-privileged portions of the claim file attached. Objection. Irrelevant, immaterial, not germane to the issues of this case, not reasonably calculated to lead to the discovery of admissible evidence.42. 43 44 4S. 40. 47. 48. 49, 50 Objection. Irrelevant, immaterial, not germane to the issues of this case, not reasonably calculated to lead to the discovery of admissible evidence. GEICO objects to this request as it is overly broad in scope, vague, and ambiguous. Said request appears to be seeking information that is confidential and protected by the work product privilege and attorney-client privilege. State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389, 390 (Fla 2d DCA 2003), finding that “claim files, investigative reports, adjusters notes” and other documents are “either irrelevant to the first party dispute that this case presents or are privileged work product.” GEICO objects to this request as it is overly broad in scope, vague, and ambiguous. Said request appears to be seeking information that is confidential and protected by the work product privilege and attorney-client privilege. State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389, 390 (Fla 2d DCA 2003), finding that “claim files, investigative reports, adjusters notes” and other documents are “either irrelevant to the first party dispute that this case presents or are privileged work product.” Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Objection; improper burden shifting. Pursuant to Derius v. Allstate Indenmity Co., 723 So.2d 271 (Fla. 4th DCA 1998), it is Plaintiffs burden to prove treatment and bills for treatment are reasonable, related and necessary Objection; improper burden shifting. Pursuant to Derius v. Allstate Indemnity Co., 723 So.2d 271 (Fla. 4th DCA 1998), it is Plaintiffs burden to prove treatment and bills for treatment are reasonable, related and necessary. GEICO objects to producing underwriting information on the ground that it is not relevant to any issue in the underlying claim, nor is it reasonably calculated to lead to51 52 53 54. 55 56. 57. 58 the discovery of relevant information, because there is no dispute that the applicable policy was in effect on the date of loss. GEICO objects to this request as it is overly broad in scope, vague, and ambiguous. Said request appears to be seeking information that is confidential and protected by the work product privilege and attorney-client privilege. State Farm Fla. Ins. Co. v. Gallmon, 835 So.2d 389, 390 (Fla 2d DCA 2003), finding that “claim files, investigative reports, adjusters notes” and other documents are “either irrelevant to the first party dispute that this case presents or are privileged work product.” Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. GEICO objects to this request as overbroad, vague, ambiguous, and as seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Further, the documents sought may also violate the attorney-client privilege, work product doctrine and GEICO's right to claim file protection. Without waiving any objection, please refer to the non-privileged portions of the claim file attached. GEICO objects to this request as overbroad, vague, ambiguous, and as seeking information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Further, the documents sought may also violate the attorney-client privilege, work product doctrine and GEICO's right to claim file protection. Without waiving any objection, please refer to the non-privileged portions of the claim file attached. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the discovery of admissible evidence, overly broad, vague, contains privileged trade secrets and confidential proprietary information. The subject policy of insurance is attached.59 60. 61 62. 63 64. 65. 66. 67. 68. 69. Please refer to the non-privileged portions of the claim file attached. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the admissible evidence, overly broad, vague, contains privileged trade confidential proprietary information. . Objection. Irrelevant, immaterial, not reasonably calculated to lead to the admissible evidence, overly broad, vague, contains privileged trade confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the admissible evidence, overly broad, vague, contains privileged trade confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the admissible evidence, overly broad, vague, contains privileged trade confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the admissible evidence, overly broad, vague, contains privileged trade confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the admissible evidence, overly broad, vague, contains privileged trade confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the admissible evidence, overly broad, vague, contains privileged trade confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the admissible evidence, overly broad, vague, contains privileged trade confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the admissible evidence, overly broad, vague, contains privileged trade confidential proprietary information. Objection. Irrelevant, immaterial, not reasonably calculated to lead to the admissible evidence, overly broad, vague, contains privileged trade confidential proprietary information. discovery of secrets and discovery of secrets and discovery of secrets and discovery of secrets and discovery of secrets and discovery of secrets and discovery of secrets and discovery of secrets and discovery of secrets and discovery of secrets andCERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail on this the 18" day of July, 2018 to the following designated service email address: Paul Schrier, Esq., Paul K. Schrier, P.A., paul@paulschrierpa.com LAW OFFICE OF HAYDEE DE LA ROSA-TOLGYESI By: /s/ Lisa-Ann Terry, Esq. Lisa-Ann Terry, Esq (Employees of GEICO General Insurance Company) Florida Bar No.: 0156817 2600 Douglas Road, Suite 700 Coral Gables, FL 33134 Phone: 786-483-1802 Facsimile: 305-373-3661 Service Email: Miamipipgeico@geico.com