The ongoing lawsuit between Geico Insurance Co. (Geico) and Shazam Auto Glass, LLC, (Shazam) and its owner, Sean Martineau has newly proposed court dates following requests for additional time. According to court documents, both parties met and filed a joint document requesting additional time to submit a case management report, which outlines future dates for the lawsuit, last month. Now there are dates that have yet to be approved by the court.
Some of the new court dates requested include:
- Mandatory initial disclosures due October 11, 2019;
- Motions to add parties or to amend pleadings on December 1, 2019;
- A discovery deadline of August 21, 2020; and
- Joint Final Pretrial Statements due February 22, 2021.
“The purpose of this order is to discourage wasteful pretrial activities, and to secure the just, speedy, and inexpensive determination of the action,” a portion of court documents read.
Both parties met to file a joint document requesting additional time ahead of Hurricane Dorian, according to court documents.
“The Parties were able to meet in person and have continued to confer since regarding scheduling and the other matters to be addressed in their case management report. Due to the effects of the hurricane and the personal travel of Plaintiffs’ (Geico’s) counsel, the parties request a short extension so that they may continue to confer and complete their case management report. This requested extension is made in good faith and will not delay this case or prejudice any party,” a portion of court documents read.
The case began when Geico filed a complaint against Shazam and Martineau alleging they were responsible for a fraudulent scheme that involved falsifying windshield replacement services totaling more than $340,000. The insurance company sought to recover $340,000 in financial damages under the civil racketeer influenced and corrupt organizations act (RICO) statutes it believes it is owed, according to court documents.
Both Shazam and Martineau requested additional time to respond to Geico’s allegations against them in June 2019. Shazam and Martineau responded by filing a motion to dismiss Geico’s original complaint, which would also dismiss the lawsuit. The pair claimed the lawsuit should be dismissed “for lack of subject matter jurisdiction and failure to state a cause of action.”
Currently both parties in the Geico v. Shazam and Martineau lawsuit are waiting for the court’s decision on the proposed future court deadlines. The court has yet to announce when a decision will be made.
Check glassBYTEs.com for continuing coverage of this suit.