Auto Glass America LLC (AGA) and its owner, Charles Isaly, filed a response to Allstate Insurance Company’s (Allstate) motion to compel AGA and Isaly’s production of documents in court.
According to previous court documents, Allstate requested all invoices and work orders that were submitted by AGA. However, AGA and Isaly have objected to providing the requested materials. The defendants (AGA and Isaly) stated the requests were not only burdensome, but were also not proportional to the needs of the lawsuit.
“AGA specifically showed through the Isaly affidavit that the request is unduly burdensome in terms of the resources (temporal and financial) it would take to produce the actual work orders and invoices. In addition, the Isaly affidavit made clear that the undue burden is amplified by the fact that Allstate is already in possession of both the invoices and work orders,” a portion of the defendant’s response reads.
Both AGA and Isaly continued by stating the “plaintiff [Allstate] is effectively attempting to wage a war of attrition by seeking to compel AGA to absorb the needless expense of producing this information that they already have and that their lawyers have identified as documents.” The defendants also mentioned Allstate’s request for copies of telephone calls are another burden and are not proportional to the lawsuit in the filed response.
“Plaintiffs do not even attempt to show why this information is relevant or in any way reasonably calculated to lead to the discovery of admissible evidence,” the defendants said when referring to Allstate’s request for invoices, work orders, purchase orders or other documents showing
AGA’s purchase of windshields that were used in replacing windshields on insured vehicles in court documents.
Allstate has requested “[b]usiness plans, analyses, memoranda, policies, guidelines, or other materials reflecting or relating to AGA’s business practices and/or future business plans.” According to AGA’s response, the company and its owner state that this request “is vague, ambiguous, overly broad, and seeks information that is neither relevant nor proportional to the needs of the case.”
According to the response, AGA and Isaly will provide Allstate with a list of all employees and independent contractors that worked for the auto glass company since January 1, 2014. A confidentiality agreement is in place for this request, which served as a contingency for AGA agreeing to provide the information, according to AGA’s response.
The case began last December when Allstate filed a suit that alleged AGA and Isaly, “tried to pressure Allstate’s insureds into hiring them for windshield replacements, obtaining assignments of benefits (AOBs) from insureds, submitting invoices to Allstate for excessive and unreasonable amounts and fil[ing] over 1,400 lawsuits for recovery of excessive and unreasonable amounts.” The court recently responded to a previous motion to dismiss, along with setting a mediation date for March 2020.
Look to future glassBYTEs editions for more updates.