UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No.: 20-cv-22044-MARTINEZ/OTAZO-REYES

GOVERNMENT EMPLOYEES INSURANCE CO., et al.

 Plaintiffs,

vs.

MANUEL FEIJOO, M.D., et al., 

 Defendants. ___________________________________________________/

PLAINTIFFS’ MOTION FOR LEAVE TO FILE

RESPONSE TO DEFENDANTS’ NOTICE OF SUPPLEMENTAL AUTHORITY

Defendant, Government Employees Insurance Company, GEICO Indemnity Company, 

GEICO General Insurance Company and GEICO Casualty Company (collectively, “GEICO”),

pursuant to Local Rule 7.1, moves for leave to file a response to the Notice of Supplemental 

Authority (Dkt. 61) filed by Defendants, Miami Medical Group, Inc., Juan Jimenez, Graciela 

Jimenez, Jose Marquez, M.D., Maria Nodarse, D.C., Yara Vazquez and Hai Uzan (collectively, 

the “Miami Medical Defendants”), relating to their pending Motion to Dismiss Plaintiffs’ 

Complaint (Dkt. 24). GEICO states as follows in support of this motion:

1. GEICO filed its Complaint on May 15, 2020 (Dkt. 1). The Miami Medical 

Defendants’ Motion to Dismiss was filed on July 10, 2020. GEICO filed its Opposition to the 

Miami Medical Defendants’ Motion to Dismiss on July 22, 2020 (Dkt. 27) (“GEICO’s 

Opposition”). 

2. In its Complaint, GEICO alleges – among other things – that the Miami Medical

Defendants billed inflated amounts for medically unnecessary and illusory services, unlawfully 

misrepresented the identities of the actual service providers, and concealed the fact that they were 

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unlawfully billing GEICO for “physical therapy” services that were performed – to the extent that 

they were performed at all – by unsupervised massage therapists.

3. On September 28, 2020, the Miami Medical Defendants filed a Notice of 

Supplemental Authority submitting a decision by the Broward County Circuit Court, sitting in its 

appellate capacity, in Star Casualty Ins. Co. v. South Florida Pain and Rehabilitation of Hialeah, 

LLC as Assignee of Justin Rodriguez; Broward County Case No. CACE-17-000545 (Sept. 24, 

2020) (the “Star Casualty Decision”). The Star Casualty Decision involved supervised massage 

therapists.

4. The Miami Medical Defendants’ Notice of Supplemental Authority 

mischaracterizes the holding in the Star Casualty Decision and further makes improper (and 

incorrect) legal argument regarding its applicability to the facts at issue in this case. 

5. The Star Casualty Decision was issued on September 24, 2020. The Star Casualty

Decision is therefore new authority that did not exist when GEICO’s Opposition was filed. GEICO 

further disagrees with the Miami Medical Defendants’ characterization of the Star Casualty 

Decision and its applicability to this case contained in the Notice of Supplemental Authority. 

Accordingly, GEICO should be given the opportunity to briefly respond. 

6. GEICO therefore respectfully requests that the Court grant permission for it to file 

a brief response of no more than two pages to the Miami Medical Defendants’ Notice of 

Supplemental Authority and unauthorized supplemental argument. A proposed order granting this 

motion accompanies this filing as Exhibit “1”.

LOCAL RULE 7.1(a)(3) CERTIFICATE

The undersigned certifies that, on September 29, 2020, Plaintiffs’ counsel conferred in 

writing with counsel for the Miami Medical Defendants regarding the relief sought through this 

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motion. Counsel for the Miami Medical Defendants indicated that they would not immediately 

consent to GEICO’s response to the Notice of Supplemental Authority, and further indicated that 

they would not be available to confer by telephone until later in the week. Counsel will update the 

Court should counsel for the Miami Medical Defendants later consent to the relief requested by 

this motion.

Respectfully submitted,

/s/ Yonatan Bernstein

Yonatan Bernstein (admitted pro hac vice)

RIVKIN RADLER LLP

926 RXR Plaza

Uniondale, New York 11550 

Phone: (516) 357-3000

Facsimile: (516) 357-3333

yonatan.bernstein@rivkin.com

John P. Marino (FBN 814539) 

Lindsey R. Trowell (FBN 678783)

Kristen Wenger (FBN 92136)

SMITH, GAMBRELL & RUSSELL, LLP 

50 North Laura Street, Suite 2600

Jacksonville, Florida 32202

Phone: (904) 598-6100

Facsimile: (904) 598-6204

ltrowell@sgrlaw.com

jmarino@sgrlaw.com

kwenger@sgrlaw.com

Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE

I certify that on September 29, 2020, I electronically filed the foregoing document with the 

Clerk of the Court using the CM/ECF system, which will provide notice and a copy of this document 

to the counsel of record in this case. 

/s/ Yonatan Bernstein 

Attorney 

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