On June 16, 2017 a
Order
was filed
involving a dispute between
Luis Garcia,
and
Geico General Insurance Company C O Fdfs,
for Personal Injury Protection ($8,001 - $15,000)
in the District Court of Miami-Dade County.
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Filing # 65724977 E-Filed 12/21/2017 04:33:08 PM
IN THE COUNTY COURT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA.
LUIS GARCIA GENERAL JURISDICTION DIVISION
CASE NO. 17-001430-CC-21
Plaintiff's, FLORIDA BAR NO. 525251
vs.
GEICO GENERAL INSURANCE COMPANY
Defendant/s.
MOTION FOR PROTECTIVE ORDER FOR
DEPOSITION OF DEFENDANT’S PIP MANAGER SCOTT JONES
SCHEDULED FOR JANUARY 5, 2018 AT 10:00 AM
The Defendant, GEICO GENERAL INSURANCE COMPANY, by and through the
undersigned attorney, and pursuant to Rule 1.280 of the Florida Rules of Civil Procedure, hereby
moves this Court for a Protective Order concerning Plaintiff's Notice of Taking Deposition of
Defendant’s PIP MANAGER, SCOTT JONES.
1. On or around December 19, 2017, Defendant was served with a unilaterally set
Notice of Taking Deposition of Defendant’s PIP Manager, Scott Jones, to occur on January 5,
2018 at 10:00 AM.
2. Additionally, the deposition was not coordinated with Defendants Counsel’s
office, and the attorney handling this matter has conflicts on said date and time.
3. The deposition of PIP Manager, Scott Jones in this matter is totally irrelevant to the
issues in the case at hand. Furthermore, it is unduly burdensome and only being requested for the
purpose of harassment to the Defendant.
12-46894. Rule 1.110 (b) of the Florida Rules of Civil Procedure sets forth what constitutes a
claim for relief as an original claim, a counterclaim, crossclaim, or third-party claim, while an
affirmative defense is delineated in a separate section of the rule: Fla. Rules Civ. Pro. 1.110 (d).
5. For the foregoing reasons, Defendant asks this court to grant a protective order
prohibiting the deposition of PIP Manager, Scott Jones from going forward.
6. The undersigned counsel further certifies that a good faith effort to agree or to
narrow the issues on the foregoing motion has been made with opposing counsel or that such an
effort shall be made prior to the hearing on the motion.
WHEREFORE, the Defendant, respectfully requests that this Court enter an Order
canceling the deposition of the PIP Manager, Scott Jones scheduled for January 5, 2018 at
10:00 AM, and prohibit the Plaintiff from taxing any costs and/or fees related to these
depositions to the Defendant.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Mail on this the_21‘ day of December, 2017 to the following designated service
email address(es): Paul Schrier, Esq., Paul K. Schrier, P.A., paul@paulschrierpa.com,
david@paulschrierpa.com, servicebyemail@mydefenselawyers.com.
LAW OFFICE OF HAYDEE DE LA ROSA-TOLGYESI
/s/Karen Baez, Esq.
KAREN BAEZ, ESQ.
(Employees of GEICO General Insurance Company)
Florida Bar No.: 525251
2600 Douglas Road, Suite 700
Coral Gables, FL 33134
Phone: (786) 483-1809
Facsimile: (305) 373-3661
Attorney for Defendant: GEICO
Service Email: miamipipgeico@geico.com
12-4689
Document Filed Date
December 21, 2017
Case Filing Date
June 16, 2017
Category
Personal Injury Protection ($8,001 - $15,000)
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Filing # 65724977 E-Filed 12/21/2017 04:33:08 PM IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. LUIS GARCIA GENERAL JURISDICTION DIVISION CASE NO. 17-001430-CC-21 Plaintiff's, FLORIDA BAR NO. 525251 vs. GEICO GENERAL INSURANCE COMPANY Defendant/s. MOTION FOR PROTECTIVE ORDER FOR DEPOSITION OF DEFENDANT’S PIP MANAGER SCOTT JONES SCHEDULED FOR JANUARY 5, 2018 AT 10:00 AM The Defendant, GEICO GENERAL INSURANCE COMPANY, by and through the undersigned attorney, and pursuant to Rule 1.280 of the Florida Rules of Civil Procedure, hereby moves this Court for a Protective Order concerning Plaintiff's Notice of Taking Deposition of Defendant’s PIP MANAGER, SCOTT JONES. 1. On or around December 19, 2017, Defendant was served with a unilaterally set Notice of Taking Deposition of Defendant’s PIP Manager, Scott Jones, to occur on January 5, 2018 at 10:00 AM. 2. Additionally, the deposition was not coordinated with Defendants Counsel’s office, and the attorney handling this matter has conflicts on said date and time. 3. The deposition of PIP Manager, Scott Jones in this matter is totally irrelevant to the issues in the case at hand. Furthermore, it is unduly burdensome and only being requested for the purpose of harassment to the Defendant. 12-46894. Rule 1.110 (b) of the Florida Rules of Civil Procedure sets forth what constitutes a claim for relief as an original claim, a counterclaim, crossclaim, or third-party claim, while an affirmative defense is delineated in a separate section of the rule: Fla. Rules Civ. Pro. 1.110 (d). 5. For the foregoing reasons, Defendant asks this court to grant a protective order prohibiting the deposition of PIP Manager, Scott Jones from going forward. 6. The undersigned counsel further certifies that a good faith effort to agree or to narrow the issues on the foregoing motion has been made with opposing counsel or that such an effort shall be made prior to the hearing on the motion. WHEREFORE, the Defendant, respectfully requests that this Court enter an Order canceling the deposition of the PIP Manager, Scott Jones scheduled for January 5, 2018 at 10:00 AM, and prohibit the Plaintiff from taxing any costs and/or fees related to these depositions to the Defendant. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail on this the_21‘ day of December, 2017 to the following designated service email address(es): Paul Schrier, Esq., Paul K. Schrier, P.A., paul@paulschrierpa.com, david@paulschrierpa.com, servicebyemail@mydefenselawyers.com. LAW OFFICE OF HAYDEE DE LA ROSA-TOLGYESI /s/Karen Baez, Esq. KAREN BAEZ, ESQ. (Employees of GEICO General Insurance Company) Florida Bar No.: 525251 2600 Douglas Road, Suite 700 Coral Gables, FL 33134 Phone: (786) 483-1809 Facsimile: (305) 373-3661 Attorney for Defendant: GEICO Service Email: miamipipgeico@geico.com 12-4689