The beginning of May saw new movement in the ongoing assignment of benefits (AOB) fraud lawsuit 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 LLC (AGA) and its owner, Charles Isaly.
According to court documents, Allstate requested an extension for its scheduled mediation, which the judge did not approve.
“The plaintiffs (Allstate) respectfully request that the Court extend the mediation deadline set out in the Court’s March 16, 2020 order, and the discovery and dispositive and Daubert motion deadlines set out in the Court’s amended case management and scheduling Order as follows: (a) the parties’ deadline to complete mediation to be extended to August 21, 2020; (b) the parties’ deadline to complete discovery to be extended to September 10, 2020; and (c) the parties’ deadline for dispositive and Daubert motions to be extended to October 1, 2020. Plaintiffs do not seek any change to the Court’s trial term set to begin on February 1, 2021,” a portion of Allstate’s extension motion reads.
The court issued a mediation notice May 5 that stated the mediation is to take place May 27, with Stanford Blake serving as the mediator. The mediation, according to the court’s notice, is to take place virtually via Zoom.
In addition to the mediation notice, the court also issued a new set of dates for the ongoing legal battle:
- Disclosure of expert reports: June 30 (plaintiff), July 30 (defendants);
- Discovery deadline: August 28;
- Dispositive motions and Daubert motions: Oct. 1;
- Meeting in person to prepare joint final pretrial statements: Jan. 22, 2021; and
- Joint final pretrial statement: February 1, 2021.
The lawsuit began with Allstate’s complaint alleging that both AGA and Isaly pressured its insureds into hiring them for windshield replacements, while obtaining assignment of benefits (AOBs.)
The lawsuit began to heat up, as AGA and Isaly responded to Allstate’s emergency motion 24 hours before the presiding judge issued an order, to which AGA and Isaly filed another motion against Allstate. Shortly after a mediation was scheduled.