Is It a Secret? Florida Court Decides Confidentiality Issues

After more than two years in litigation, the case of Allstate* v. Auto Glass America and its owner Charles Isaly continues in court.

“Having waded through page upon page of ad hominem attacks and accusations of lies, “contumacious” and “perfidious” conduct levier against both sides, it has become clear that the parties are now arguing over the meaning and enforcement of their agreed upon and fully executed confidentiality agreement,” wrote Judge Leslie Hoffman in her order dated July 30, 2021.

As previously reported by glassBYTEs.com, Allstate filed a lawsuit against Auto Glass America, owned by Charles Isaly, in December 2018 alleging that the glass company engaged in a plan to unlawfully obtain payment for excessive and/or unreasonable charges by submitting inflated invoices. Allstate also alleged that AGA sued them 1,400 times when the insurance company paid less than the invoice amount, a practice known as “short payment.”

Allstate contended that AGA billed the insurance company on average $900 per invoice between January 1, 2015 and September 30, 2018. However, Allstate reported the average invoice amount from other glass companies in Florida during the same time was $350.

Friday’s order by the Judge denied AGA’s motion for sanctions against Allstate. It partially granted an alternative motion by Allstate to leave the file under seal. It allowed certain exhibits to be filed under seal by Tuesday, August 4, 2021 at 4 p.m. The court will then review the documents and decide which are and are not properly subject to seal.

Rather than grant AGA’s request for confidentiality seal to the full depositions of Don Joslin and Joseph Scauzillo, the Judge wants to know the exact pages and exhibits AGA wants sealed, also by August 3, 2021.

Judge Hoffman said these deadlines will not be extended.

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