UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

GOVERNMENT EMPLOYEES INSURANCE 

CO., GEICO INDEMNITY CO., GEICO 

GENERAL INSURANCE COMPANY and 

GEICO CASUALTY CO.,

Plaintiffs,

vs.

MANUEL FEIJOO, M.D., MANUEL V. 

FEIJOO, M.D. P.A., WE CARE MEDICAL 

SERVICES, INC, MANUEL MARTINEZ 

VARELA, TONY NGUYEN, M.D., NEW 

LIFE CLINICAL SERVICES, INC, ALEAN 

MACHADO, CARLOS ALMONTE, M.D., 

JOSE ESTEVEZ, YOANDRA RODRIGUEZ, 

ACCIDENT REHAB ASSOCIATES INC, 

d/b/a AMERICAN MEDICAL & REHAB 

CENTER, ALEJANDRO VAZQUEZ, MARIA 

VAZQUEZ, ERICK SALADO, M.D., MIAMI 

MEDICAL GROUP, INC, JUAN JIMENEZ, 

GRACIELA JIMENEZ, JOSE MARQUEZ, 

M.D., MARIA NODARSE, D.C., YARA 

VAZQUEZ, and HAI UZAN.

Defendants.

__________________________________________

Case No.: 20-CV-22044-JEM

PLAINTIFFS’ RESPONSE

TO DEFENDANTS’ NOTICE OF SUPPLEMENTAL AUTHORITY 

Plaintiffs, Government Employees Insurance Co., GEICO Indemnity Co., GEICO General 

Insurance Company and GEICO Casualty Co. (collectively “GEICO” or “Plaintiffs”) respectfully 

submit this response to Defendants Miami Medical Group, Inc., Juan Jimenez, Graciela Jimenez, 

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

“Miami Medical Defendants”) Notice of Supplemental Authority dated August 10, 2020. See

Docket No. 44.

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As set forth in the Notice of Supplemental Authority, on July 24, 2020, the Honorable 

Charlene Edwards Honeywell held a preliminary conference in an action entitled Government 

Employees Ins. Co., et al. v. Merced, et al, M.D. Fla. Case No. 8:20-cv-00802-CEH-AAS. During 

this conference Judge Honeywell expressed concern that GEICO’s PIP fraud and racketeering 

complaint was too long and gave GEICO the opportunity to replead the complaint into a shorter 

version.

However, and contrary to the Miami Medical Defendants’ misleading account of the 

Merced proceedings – which conveys the false impression that the Merced complaint was in some 

way substantively defective – Judge Honeywell did not dismiss any of GEICO’s claims in the 

Merced case. Rather, Judge Honeywell merely stated that “[o]n or before August 14, 2020 

Plaintiffs may file an amended complaint.” See Docket No. 96. Indeed, Judge Honeywell stated 

during the preliminary conference that “[t]his is not about a merits analysis.”1

In this context, and as the Court may recall, in Gov't Emples. Ins. Co. v. A&C Med. Ctr.

Servs., Corp., 2019 U.S. Dist. LEXIS 133568 (S.D. Fla. 2019)(Martinez, J.) – a very similar PIP

fraud and racketeering case involving a complaint that was pleaded with a substantially similar 

format and level of detail as the complaint in Merced and the complaint in the present case – this

Court likewise ordered GEICO to file a shorter complaint. See A&C Med. Ctr., at Docket No. 114.

However, at the same time, this Court denied the A&C Med. Ctr. defendants’ motion to dismiss 

on the merits. See id. In fact, though this Court directed GEICO to file a shorter version of its 

complaint in the A&C Med. Ctr. case, this Court also ordered the defendants in A&C Medical Ctr.

to answer the amended complaint, rather than allow the defendants to file another motion to 

 1 The Miami Medical Defendants indicated in their notice that they are e-mailing a copy of 

transcript directly to the Court. See Docket No. 44, fn. 1. 

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dismiss. See id. Notably, in A&C Med. Ctr., this Court also denied the defendants motion to sever,

noting that “[i]f practical issues arise at trial,-then the Court will address those concems at that 

time.” See A&C Med. Ctr., at Docket No. 119.

More generally, numerous courts in the 11th Circuit have sustained PIP fraud and

racketeering complaints pleaded in a similar manner, with a similar length and level of detail.

However, to the extent that the Court finds it warranted, GEICO is prepared to file a shorter version

of its Complaint. If the Court orders GEICO to file a shorter version of the Complaint, GEICO

respectfully submits that – as in the A&C Med. Ctr. case – the Court should order the Defendants

to answer the Complaint, rather than file further motions to dismiss.

Respectfully submitted,

/s/ John P. Marino

John P. Marino (FBN 814539) 

Lindsey R. Trowell (FBN 678783)

Kristen L. 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

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 

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CERTIFICATE OF SERVICE

I certify that on August 11, 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 the 

foregoing to the counsel of record in this case. 

/s/ John P. Marino 

Attorney

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