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Wednesday, 12 February 2020 22:17

Judge Weighs in on Emergency Motion In FL Allstate Case

Written by Emmariah Holcomb, glassBYTEs.com

Index

U.S. Magistrate Judge Leslie R. Hoffman issued an order today that both grants and denies parts of an emergency motion filed in the ongoing battle between the plaintiff, Allstate Insurance Company (Allstate) and defendants, Auto Glass America LLC (AGA) and its owner, Charles Isaly.

Hoffman issued the order today which finds two exceptions in Allstate’s arguments.


The legal battle has continued for more than a year, stemming from allegations that both AGA and Isaly allegedly pressured Allstate’s insureds into hiring them for windshield replacements, while obtaining assignments of benefits (AOBs).

 

On February 6, 2020, Allstate filed an “emergency motion” for a protective order for one of its corporate representatives.


“Allstate does not seek to cancel the corporate representative deposition; rather, Allstate asks the court to limit the topics that AGA can inquire about at the deposition.

 

With two exceptions, the court does not find Allstate’s arguments to be well-taken,” a portion of Hoffman’s order reads.


According to the court, a party or person moving for a protective order must show “good cause,” but the need for the motion came into question.


“The court questions whether Allstate’s motion truly constitutes an emergency.

 

Allstate has been aware of almost all of the topics that AGA wishes to inquire about since October and agreed to the deposition date two months in advance.


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