Scott Simon, of our Miami office, obtained a voluntary dismissal in a PIP case. Scott deposed Plaintiff’s corporate representative who admitted there was no evidence to demonstrate that Plaintiff treated within 14 days of the accident. Scott asked for a dismissal, and plaintiff refused. Scott filed a motion for summary judgment and unilaterally set it for hearing after opposing counsel refused to cooperate. Unsurprisingly, Plaintiff moved to continue the summary judgment hearing, claiming they had an affidavit from someone who would provide sworn testimony that treatment took place within 14 days. Scott fought the continuance arguing that Plaintiff had months to obtain this alleged affidavit, and although the judge granted the continuance (due to Plaintiff’s questionable COVID-19 arguments), Scott convinced the judge to require Plaintiff to identify the alleged witness and the content of the affidavit at the continuance hearing, and Scott set the witness for deposition promptly thereafter. Opposing counsel refused to provide the necessary information to serve the witness, but Scott did not relent – he tracked her down and had her served while simultaneously pressuring opposing counsel with his motion for summary judgment. After six years of litigation, Plaintiff dismissed the case with prejudice.