Auto Glass America LLC, (AGA) revived its motion for a protective order against Allstate this week. The motion is in an effort to “prohibit the disclosure of irrelevant and non-discoverable financial records and information” by AGA’s certified public accountant, Lacy Green. This is the latest move in the ongoing assignment of benefits (AOB) fraud battle 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 stated its renewed subpoena should be granted because the sought after information falls under accountant – client privilege.
“AGA should be granted protection because the subpoena seeks private, prejudgment financial information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, nor is it proportional to the needs of the case. Additionally, the subpoena seeks information that is protected from disclosure from the accountant-client privilege,” a portion of AGA’s renewed motion reads.
The company also claims the information Allstate is looking to obtain is not relevant to the current court proceedings. According to AGA, the financial information Allstate seeks does not appear on its face to involve any specific element of any specific claim or defense as framed by the pleadings.
The presiding judge granted Allstate additional time to respond.
“The deadline to comply with the subpoena is July 24, 2020. Because the plaintiffs’ deadline to respond to the motion is not until well after July 24, 2020, the Court will stay the deadline to comply with the subpoena pending resolution of the motion. The plaintiffs shall respond to the motion in accordance with the deadlines established in the Local Rules of this Court,” a portion of the Judge’s order reads.
Look to a future edition of glassBYTEs for continued coverage of this suit.