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Monday, 22 June 2020 22:58

Judge Weighs in on Another Protective Order in Allstate v. AGA Case

Written by Emmariah Holcomb, glassBYTEs.com

Auto Glass Inspection Services Inc. (AGIS) urged the court to grant an order of protection relating to Auto Glass America, LLC’s (AGA) notices of deposition duces tecum.

A duces tecum is a type of subpoena that requires a witness to produce a document relevant to a lawsuit.


This is yet another step in the ongoing 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 AGA and its owner, Charles Isaly.


AGA requested a court summons ordering the recipient, AGIS, to produce relevant documents for use at trial, according to court filings.


Earlier this month, the court denied AGIS’s order of protection request, including a motion to reject a non-party subpoena deposition duces tecum filed by Allstate.


“Auto Glass Inspection Services, Inc., which is not a party to this action, filed a motion for protective order relating to Defendant Auto Glass America, LLC’s notices of deposition duces tecum,” a portion of the court order reads.


The presiding judge noted the certification is “vague and ambiguous” as to whether AGIS’s counsel just attempted to confer but was unable to actually speak with AGA’s counsel, via phone or in person, or if AGIS’s counsel was able to speak with AGA’s counsel and they attempted to resolve the matter, but were unable to reach agreement on the motion.


“Given the lack of clarity, the court finds that AGIS has not complied with Local Rule 3.01(g) and the case management and scheduling order. This is the second time counsel for AGIS has not complied with Local Rule 3.01(g),” a portion of the order reads.


According to the court’s order, it directed AGIS to file an amended Local Rule 3.01(g) certification detailing the date and method its counsel conferred with AGA’s counsel about the motion and whether it is “opposed” or “unopposed.”


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