Several Updates Made in AOB Suit

A Florida Middle courtroom has been filled with filings lately in the legal assignment of benefits (AOB) battle between Allstate Insurance Company, Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company and Allstate Property and Casualty Insurance Company (collectively Allstate) and defendants Auto Glass America (AGA) and its owner Charles Isaly. Those filings include: an order on two order of protection motions from Auto Glass Inspection Services (AGIS), Allstate’s withdrawal its motion for a mediation deadline extension, and a joint motion requesting an extension to the discovery deadline.

Protective Order Motions

According to court documents, AGIS filed two motions for protection orders following the defendant’s request for additional information about “non-party AGIS and its relationship with Allstate.” The presiding judge denied the second motion as moot, the first motion was granted in part and denied in part.

“AGIS’s request for protective order against the subpoena is granted to the extent that the topics of inquiry and requests for production listed in the Subpoena are narrowed and limited solely to questions and documents related to Robert Kirk’s or Frank Egger’s windshield replacement claims addressed in AGA’s third and fifth counterclaims,” a portion of the order reads. “In other words … AGA is limited to asking questions and obtaining documents related solely to Robert Kirk’s or Frank Egger’s windshield replacement claims.”

The judge noted that, in the event a topic of inquiry or request for production cannot be limited, then AGA is prohibited from addressing those topics. The judge denied AGIS’s second motion for a protective order in all other respects.

Joint Motion

Both parties jointly requested a one-month extension of the discovery deadline, which is currently set for August 28, 2020, for the sole purpose of completing depositions, as well as a one-month extension of the dispositive and Daubert motions deadline, currently set for October 1, 2020.

“The parties have agreed to the scheduling of depositions through the month of September and will ensure that they complete all of the depositions during that time frame,” a portion of the joint motion reads.

Look to a future edition of glassBYTEs for continued coverage of this suit.

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