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Filing# 173763313 E-Filed 05/23/2023 10:52:47 AM
IN THE CIRCUITCOURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
IRMA QURESHI, et. al., CASE NO- CACE 2021-007238
Plaintiffs,
VS.
UNIVERSAL PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendant.
i
NOTICE OF FILING TRIAL TRANSCRIPTS IN SUPPORT OF POST TRIAL
MOTIONS
Defendant, Universal Property and Casualty Insurance Company, by and through the undersigned
counsel, hereby gives Notice of Filing to Plaintiff,Irma Qureshi & George Guerrero, that
Defendant has filed Trial Transcriptsin Support o f Post Trial Motions on the date o f this Notice.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoinghas been furnished by electronic
to:
filing Amy E. Ruiz, Esq., Ruiz IGetmanirdLaw, PLLC, ARuiz@RuizGetmanLaw.com;
SGetman@RuizGetmanLaw.com) on the 23 day o f May, 2023.
Attorneysfor Defendant
Universal Property & Casualty Ins. Co.
P.O. Box 9388
Fort Lauderdale FL 33310
Telephone: 1-833-658-8594
Facsimile: 954-958-1262
By: /s/ Patrick J. Walkington, Esq.
Patrick Walkington, Esq.
Florida Bar No. 1011470
For Service of Court Documents onlv:
Primary: upciceservice08@universalproperty.com
Secondary: jr0531@universalproperty.com
Tertiary:
pw0517@universalproperty.com
Page 1 of 1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/23/2023 10:52:46 AM.****
1
1 IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, IN
2 AND FOR BROWARD COUNTY, FLORIDA
3
CASE NO.: CACE21007238
4
5 Irma Qureshi, et al.,
6 Plaintiffs,
7 VS.
8 Universal Property & Casualty Insurance
Company,
9
Defendant.
10
1
11
12
Broward County Courthouse
13 201 S.E. 6th Street
Fort Lauderdale, Florida
14 February 21, 2023
15
16 EXCERPT TRANSCRIPT OF THE
RECORDED CALL DISCUSSIONS
17
18
19 The above-entitled cause came on for
20 hearing before the Honorable Judge David A. Haimes,
21 before Ashley Mufioz, Florida Professional Reporter,
22 Notary Public for the State of Florida at Large.
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1 APPEARANCES:
2
ON BEHALF OF THE PLAINTIFFS:
3 RUIZ I GETMAN LAW, PLLC
6800 Bird Rd # 394
4 Miami, Florida 33155
BY: Amy E. Ruiz, Esquire
5 Steven J. Getman, Esquire
6 ON BEHALF OF THE DEFENDANT:
UNIVERSAL PROPERTY & CASUALTY INSURANCE
7 1110 W Commercial Blvd
Fort Lauderdale, Florida 33309
8 BY: Patrick J. Walkington, Esquire
Ryan Galka, Esquire
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1 (The following is an excerpt of these proceedings.)
2
3 THE COURT: We're on the record of CACE
4 21-7238, Irma Qureshi and George Guerrero vs.
5 Universal Property & Casualty Insurance Company.
6 Let the record reflect, the attorneys
7 are present, the parties are present. I think
8 we're checked in. Hopefully we'11 get all our
9 jurors shortly.
10 Anything to take up before we bring the
11 jury in?
12 MS. RUIZ: Yes, your Honor. Last night
13 we received for the very first time in this case
14 a recorded statement of our client, not only for
15 her reporting the claim to Universal. First
16 time I had ever heard of it, late last night.
17 They e-mailed it to us saying they intend to use
18 it today. If they bring it up, I will be
19 seeking sanctions from your Honor, but I wanted
20 to make your Honor aware of it. We requested it
21 in discovery. They actually -- instead of
22 objecting, they didn't say objecti on, you know,
23 not relevant or we re going to have it in our
24 privilege log, it's our. They said none.
25 Then we deposed the defendant and the
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1 defendant said it doesn't exist. There's no
2 telephone call. Now, the last on the eve --
3 or the last night of trial is when they produce
4 it. So I don't think they just miraculously
5 stumbled upon this document.
6 So I'm going to ask, just like the other
7 document you had to exclude for this piece of
8 discovery tactics, I would ask that your Honor
9 exclude that as well and prohibit them from even
10 mentioning a telephone reporting of the
11 reporting of the claim of the recorded statement
12 of my client, your Honor.
13 MR. WALKINGTON: Your Honor,
14 respectfully, it was true when we said we did
15 not have it, because the phone call was in the
16 possession of a separate party.
17 THE COURT: Who is the separate party?
18 They are calling Universal.
19 MR. WALKINGTON: The recording itself is
20 not something that's in Universal's possession.
21 There's a phone call that is made.
22 THE COURT: That's a different question.
23 MR. WALKINGTON: Pilot is the name.
24 THE COURT: It's in your custody and
25 control, right? All you have to do is pick up
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1 the phone and say, hey, here's the copy of the
2 statement.
3 MR. WALKINGTON: It's within Pilot's
4 control, and it's something we would have to
5 request from them.
6 THE COURT: Who's Pilot?
7 MR. WALKINGTON: And that's not
8 THE COURT: Let me ask you a question.
9 So Pilot called -- this is Irma Qureshi or is
10 this Dr. Guerrero?
11 MS. RUIZ: Yes, Irma Qureshi.
12 THE COURT: So Pilot called Irma Qureshi
13 and said, hey, we'd like a recorded statement of
14 you.
15 MR. WALKINGTON: It's not a recorded
16 statement, your Honor. It's a phone call that
17 was recorded by Pilot when Irma Qureshi reported
18 the claim.
19 THE COURT: To Pilot. So why was she
20 calling Pilot?
21 MS. GALKA: I'm sorry, your Honor. My
22 client is whispering to me because I didn't even
23 know the answer. There is a third party that
24 records when a call is made to Universal to
25 report a claim.
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1 THE COURT: So a call was made to
2 Universal?
3 MS. GALKA: Correct.
4 THE COURT: And Universal recorded it?
5 MS. GALKA: Well, Pi the third party
6 company.
7 THE COURT: So Universal recorded it.
8 They asked somebody else to record it for them?
9 MS. GALKA: Correct.
10 THE COURT: So this is Universal S
11 recording?
12 MS. GALKA: It's not a recorded
13 statement, though, and that's part of the issue.
14 Discovery asked for a recorded statement. This
15 is just a call.
16 THE COURT: Hopefully the recording
17 started out with, you now, that this call may be
18 recorded for quality assurance.
19 MS. RUIZ: That's the issue. It
20 doesn't. So it's a violation.
21 MS. GALKA: Quality assurance only.
22 I'm asking my client, because my
23 client
24 THE COURT: No, I understand that.
25 You're recording people's conversation and you
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1 don't tell them, you've got a bigger issue here
2 other than paying money, right?
3 MS. GALKA: Here's the issue, your
4 Honor oh, I'm sorry.
5 THE COURT: Yeah. So you understand
6 that?
7 MS. GALKA: No, I understand. And my
-
8 paralegal is I guess one of the few people in
9 Universal that know we can request this call,
10 that actually exists. She requested the call on
11 February 14th. We received it on the 15th. I
12 was the one that said, you know what, it's too
13 late. We picked a jury, we're starting trial,
14 we re not going to try to introduce it. And
15 then Ms. Qureshi got on the stand, and for lack
16 of a better term, completely contradicted the
17 call. And in all frankness, I will be moving
18 for a motion for sanctions and fraud on the
19 Court, because she was emphatic about things
20 that she said in that call, in that seven and a
21 half minute call where there's three very main
22 elements where she completely contradicted
23 herself.
24 So the issue for me, your Honor, is to
25 allow the jury to not know that information is a
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1 problem. I'm not saying the jury needs to know
2 that she didn't tell the truth.
3 THE COURT: So let's think about this
4 for a second.
5 MS. GALKA: She can recant her
6 testimony.
7 THE COURT: Okay. Let's think about
8 this for a second. Say Mr. Casas was about to
9 testify, right, and there was a recorded
10 conversation out there.
11 MS. GALKA: Sure.
12 THE COURT: And after he is done
13 testifying they came up and said, oh, by the
14 way, we have this recorded, you know, the
15 statement from Mr. Casas.
16 MS. GALKA: Recorded call.
17 MS. RUIZ: It's a statement by the
18 client.
19 THE COURT: Call, whatever. You
20 understand. And he'd be like, wow, if we would
21 have known about this we would have had him
22 review it beforehand, and you wouldn't have to
23 worry about somebody on the other side screaming
24 fraud and we're going to call the authorities.
25 Wouldn't you think that you had an
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1 obligation to let Ms. Qureshi review that phone
2 call that took place probably three years ago
3 before she got on the stand yesterday?
4 MS. GALKA: So, your Honor, my
5 position --
6 THE COURT: In all fairness, think about
7 that. Take a step back there.
8 MS. GALKA: If I can go back in time, I
9 would have rather just sent her the call,
10 because I would have rather her testified to the
11 call.
12 THE COURT: Not only that, you had an
13 obligation to, but...
14 MS. GALKA: I don't think there was an
15 obligation because we didn't intend on
16 introducing it. My prosecutor brain says
17 there's an obligation, but the civil brain, I
18 don't believe there is based on the discovery
19 request.
20 THE COURT: Let's make this easy. Take
21 that and get it out of here. We're not using
22 it.
23 MS. GALKA: Your Honor, for the record,
24 I will be filing --
25 THE COURT: There is a record, and if
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1 you want to go forward with it you're going to
2 have to deal with sanctions, because you had the
3 discovery responses that said none existed.
4 MS. GALKA: For recorded statements.
5 THE COURT: And for you to be able to
6 say that, oh, it wasn't us, it was Pilot, a
7 third party. You've got to be kidding.
8 MS. GALKA: And that's not what I'm
9 trying to say, your Honor. I'm not trying to
10 say that we didn't have it. What I'm trying to
11 say was they asked for recorded statements.
12 They never said give us the call where my client
13 reported the claim.
14 THE COURT: If we're going forward with
15 any of it I'm going to start with discovery
16 sanctions. So you want to go forward with this
17 phone call?
18 That's going to be the first question.
19 We're going to go down the road of should there
20 be sanctions for violation of discovery, okay.
21 Before you even get to the point of where you
22 sandbagged a witness who is now taking the stand
23 without having the benefit of being able to
24 review their prior statement. I'm sure if
25 Mr. Casas had given a deposition, you're going
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1 to let him read his deposition before he gets on
2 the stand, especially if it was a deposition
3 taken years ago.
4 MS. GALKA: And I would ask --
5 THE COURT: Any witness in any
6 situation. And it's not fair to put somebody
7 out there on the stand and then after the fact
8 go, oh, by the way, we have a recording and now
9 there's fraud, and there's all kinds of -
10 MS. GALKA: There is fraud. That's the
11 problem.
12 THE COURT: How do you know there's
13 fraud? Is she refusing in light to refresh her
14 recollection?
15 MS. GALKA: And that's the thing. If
16 she wants to recant her testimony, we don't have
17 any issue with that.
18 THE COURT: Again, this is so
19 problematic on all kinds of different grounds.
20 All right.
21 MS. RUIZ: And, your Honor, just to put
22 on the record. It wasn't just the discovery
23 responses where they said it doesn't exist.
24 They also said in the corporate representative S
25 deposition, Universal's deposition that it
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1 doesn't exist.
2 THE COURT: Read the question and
3 answer.
4 MS. GALKA: Please.
5 MS. RUIZ: Page 14, lines 14 through 18.
6 "Is there a recording of the reporting
7 of the claim or is it just a claim note that
8 you're referring to for that information as to
9 what was stated?
10 "It is through the property loss notice,
11 which is the form."
12 Okay. And then it continues 19
13 through 20. Same page.
14 "Is that the first notice of loss form?
15 "Yes.
16 "Who prepared that form?
17 "The claim file does not reflect."
18 Then earlier in the deposition, page 13.
19 "
When was the claim reported?
20 "Claim was reported to Universal on
21 October 15, 2020.
22 "Was the claim reported via telephone,
23 e-mail or some other method?
"
24 By telephone.
25 "You said probably? I'm sorry, I didn't
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1 know if you said probably or by telephone.
2 "No. My testimony was by telephone" --
3 Oh, I'm sorry. I'm reading the wrong page.
4 Page 11, 1 through 19.
5 "With regard to the documents within the
6 claim file that you reviewed, what specific
7 documents did you review?
8 "
The claim file is a very -- is a pretty
9 general statement.
10 "Answer: Well, it includes various
11 documentation. It includes correspondence sent
12 to the insured and its representatives. Any
13 correspondence received from the field adjuster
14 such as the report, estimate, photographs, any
15 correspondence from the insured, and its
16 representatives, and that is all. And,
17 obviously, any telephone calls, communication
18 between the insured, public adjuster, and
19 Universal.
20 "Question: Are those recorded, the
21 telephone calls?
22 "Answer: I don't know, the file doesn't
23 reflect."
24 Their own file doesn't reflect whether
25 there was a recorded phone call. I'm assuming
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1 they always record phone calls, that's how the
2 paralegal knew to reach out to obtain it from
3 this other company who is instructed by
4 Universal to make these recordings.
5 THE COURT: No, I understand that. It's
6 a little bit different. He said there was none
7 and then he said he didn 't know, and I think at
8 that time he answered that he didn't know.
9 MS. RUIZ: And the discovery responses
10 say none.
11 THE COURT: I understand. That's a
12 different story. And so this is highly, highly
13 problematic for Universal to come in here after
14 a witness has already testified and then say,
15 oh, by the way, we've got you recorded. We
16 never told you it was being recorded.
17 MS. GALKA: We did tell her at the time
18 it was being recorded, but I agree. She didn't
19 have it before her testimony. I agree.
20 MS. RUIZ: That's not true, your Honor.
21 THE COURT: Do you have a transcript of
22 that?
23 You don't even have a transcript of the
24 call.
25 MS. GALKA: No, I have a phone call.
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1 THE COURT: This is so wrong in so many
2 levels, but you want to go down this road, I'll
3 roll up my sleeves, we'11 do some research, and
4 we'11 start with discovery sanctions, okay.
5 Let me see the discovery.
6 MS. GALKA: Your Honor, is there any
7 way -- before we do this, if we want to address
8 the other housekeeping matters.
9 MS. RUIZ: Let's do one at a time.
10 MS. GALKA: And then I can just step out
11 while Mr. Walkington is addressing the
12 housekeeping matters I just want to call my
13 direct boss, because I know my opinion on going
14 down this road is yes, but I would just like to
15 confirm that. Otherwise, I'm prepared to go
16 down this road.
17 MS. RUIZ: Your Honor, I'll also hand
18 you the privilege log, which obviously contains
19 documents from - Universal has many companies,
20 Prodigy, RiskAdvisor --
21 MS. GALKA: They don't have Prodigy.
22 It's an outside company.
23 MS. RUIZ: So they do list documents
24 that are within their control, Prodigy
25 Acknowledgement Assignment. So that form that
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1 was prepared by another company under their
2 control, that's in there but the recorded
3 statement is not contained in the privilege log.
4 MR. WALKINGTON: That was documents that
5 were provided to us from Prodigy. This phone
6 call was not provided to us. It's the same as
7 when you have your company has -- the courthouse
8 has a phone call that's recorded that you go
9 through that phone call. It's not within their
10 possession, it's maintained by a separate
11 entity.
12 MS. RUIZ: May I approach, your Honor?
13 THE COURT: Yes.
14 "Question: Any and all" this is
15 defendant's response to plaintiff's first
16 request for production. And so this was done
17 back on August 19, 2021.
18 "Question: For request, with any and
19 all recorded statements and any transcripts of
20 any recorded statements taken of plaintiffs by
21 defendant for the claim as described in the
22 complaint.
" "
23 Response: None.
24 Okay. So, obviously, that's wrong,
25 right?
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1 "Any and all recorded statements and any
2 transcripts of any recorded statements taken of
3 plaintiffs by defendant for the claim as
4 described in the complaint.
" "
5 Response: None.
6 That's wrong.
7 MS. GALKA: So, respectfully, the policy
8 talks about a recorded statement and it
9 specifically asks for a record statement, it
10 doesn't say recorded calls. I know I'm being
11 picky and semantical, but that is the fact.
12 Recorded statement, we don't have a recorded
13 statement.
14 MS. RUIZ: Your Honor, it's a record
15 statement.
16 MS. GALKA: I understand that the Court
17 is saying this was a statement, but it was a
18 call. It wasn't that we coordinated a time to
19 take her statement. She called us to tell us
20 about a claim. It's a recorded call.
21 MS. RUIZ: And, your Honor, whatever
22 form the statement comes in this is the form it
23 happens to be in. It's a phone call that the
24 statement is recorded. So that's how they
25 recorded it. It is a recorded statement of the
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1 insured, and they said there was none. They
2 didn't say objecti on, they didn't say outside of
3 our control, we don't have it at this time, we
4 don't have it in our possession. I didn't even
5 know it existed, so I would have liked to have
6 had that years ago.
7 THE COURT: Let me hear the recorded
8 statement. How long is this call?
9 MS. GALKA: Seven and a half minutes.
10 THE COURT: Let me hear it.
11 You know what, we'11 take this up after
12 we finish. This is not going to affect
13 plaintiff's case, right?
14 MS. RUIZ: No, it's not.
15 THE COURT: I understand. Let's go
16 ahead and grab our jurors and then we'11 take a
17 break.
18 MS. GALKA: Your Honor, the only other
19 issue, which we can do at any time is there's a
20 couple of e-mails. One references a serenity S
21 notice and one referenced, Universal always does
22 this, something to that effect. So I just think
23 that needs to be redacted. It's not relevant.
24 THE COURT: Do you agree?
25 MS. RUIZ: We'11 take that up after,
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1 your Honor.
2 THE COURT: Okay.
3 MS. GALKA: That's it for now, your
4 Honor.
5 THE COURT: I understand that everybody
6 gets excited and you have to fight for your
7 clients and all of that, but sometimes you have
8 to take a step back and put things into
9 perspective when you start to now throw out
10 everybody's reputation when you're dealing with
11 attorneys that have licenses and things of that
12 nature. And so, obviously, you've got discovery
13 responses. I mean, you can argue semantics and
14 whatnot. Obviously, this is a little bit
15 different. This isn't a homeowner who - this
16 is a homeowner who is an attorney and who has a
17 license and you're making accusations that are
18 serious. She's a party here, I understand that.
19 But, again, you're talking about
20 reputations here on both sides and sometimes you
21 have to be very cautious and careful before you
22 go down that road.
23 MS. GALKA: I don't take it lightly,
24 which is why I didn't want to file a written
25 motion which is why I wanted to address this
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1 orally.
2 MS. RUIZ: Your Honor, I'm the one who
3 brought it up, not her. So I don't know why
4 she's saying that.
5 MS. GALKA: I'm talking about my motion.
6 MS. RUIZ: And she didn't want to bring
7 it up because then we would have had an
8 opportunity to have it beforehand --
9 MS. GALKA: I wish they did.
10 MS. RUIZ: It's trial by ambush, your
11 Honor. BAM.
12 THE COURT: I understand. There's times
13 where I get sides that are so excited about this
14 issue and all that not realizing that, you know,
15 you put the Court in a position where the
16 Court's got to make credibility findings and
17 things where - I've had situations, not this
18 one here, in other cases where you're putting
19 something in front of me where I have to make a
20 credibility determination where one attorney or
21 the other attorney is a liar. I've got a motion
22 to enforce the settlement, and that's the last
23 thing in the world anybody wants is a finding by
24 a Court that somebody is lying or committing
25 fraud, and so just any way.
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1 THE BAILIFF: Jury entering.
2
3 (End of excerpt.)
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1 CERTIFICATE OF SHORTHAND REPORTER
2
3 STATE OF FLORIDA )
4 ) SS.
5 COUNTY OF DADE
6
7 I, Ashley Mufioz, Notary Public, do
8 hereby certify that I was authorized to and did
9 stenographically report the foregoing proceedings
10 and that the transcript is a true and correct
11 transcription of my stenotype notes of the
12 proceedings
13
14 Dated this 25th day of February,
15 2023.
16
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'-01
21 Ashley Mufioz
22 Shorthand Reporter
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eannte;
Your -Wisli Is
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Filing# 173763313 E-Filed 05/23/2023 10:52:47 AM IN THE CIRCUITCOURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA IRMA QURESHI, et. al., CASE NO- CACE 2021-007238 Plaintiffs, VS. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. i NOTICE OF FILING TRIAL TRANSCRIPTS IN SUPPORT OF POST TRIAL MOTIONS Defendant, Universal Property and Casualty Insurance Company, by and through the undersigned counsel, hereby gives Notice of Filing to Plaintiff,Irma Qureshi & George Guerrero, that Defendant has filed Trial Transcriptsin Support o f Post Trial Motions on the date o f this Notice. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoinghas been furnished by electronic to: filing Amy E. Ruiz, Esq., Ruiz IGetmanirdLaw, PLLC, ARuiz@RuizGetmanLaw.com; SGetman@RuizGetmanLaw.com) on the 23 day o f May, 2023. Attorneysfor Defendant Universal Property & Casualty Ins. Co. P.O. Box 9388 Fort Lauderdale FL 33310 Telephone: 1-833-658-8594 Facsimile: 954-958-1262 By: /s/ Patrick J. Walkington, Esq. Patrick Walkington, Esq. Florida Bar No. 1011470 For Service of Court Documents onlv: Primary: upciceservice08@universalproperty.com Secondary: jr0531@universalproperty.com Tertiary: pw0517@universalproperty.com Page 1 of 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/23/2023 10:52:46 AM.**** 1 1 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN 2 AND FOR BROWARD COUNTY, FLORIDA 3 CASE NO.: CACE21007238 4 5 Irma Qureshi, et al., 6 Plaintiffs, 7 VS. 8 Universal Property & Casualty Insurance Company, 9 Defendant. 10 1 11 12 Broward County Courthouse 13 201 S.E. 6th Street Fort Lauderdale, Florida 14 February 21, 2023 15 16 EXCERPT TRANSCRIPT OF THE RECORDED CALL DISCUSSIONS 17 18 19 The above-entitled cause came on for 20 hearing before the Honorable Judge David A. Haimes, 21 before Ashley Mufioz, Florida Professional Reporter, 22 Notary Public for the State of Florida at Large. 23 24 25 ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 2 1 APPEARANCES: 2 ON BEHALF OF THE PLAINTIFFS: 3 RUIZ I GETMAN LAW, PLLC 6800 Bird Rd # 394 4 Miami, Florida 33155 BY: Amy E. Ruiz, Esquire 5 Steven J. Getman, Esquire 6 ON BEHALF OF THE DEFENDANT: UNIVERSAL PROPERTY & CASUALTY INSURANCE 7 1110 W Commercial Blvd Fort Lauderdale, Florida 33309 8 BY: Patrick J. Walkington, Esquire Ryan Galka, Esquire 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 3 1 (The following is an excerpt of these proceedings.) 2 3 THE COURT: We're on the record of CACE 4 21-7238, Irma Qureshi and George Guerrero vs. 5 Universal Property & Casualty Insurance Company. 6 Let the record reflect, the attorneys 7 are present, the parties are present. I think 8 we're checked in. Hopefully we'11 get all our 9 jurors shortly. 10 Anything to take up before we bring the 11 jury in? 12 MS. RUIZ: Yes, your Honor. Last night 13 we received for the very first time in this case 14 a recorded statement of our client, not only for 15 her reporting the claim to Universal. First 16 time I had ever heard of it, late last night. 17 They e-mailed it to us saying they intend to use 18 it today. If they bring it up, I will be 19 seeking sanctions from your Honor, but I wanted 20 to make your Honor aware of it. We requested it 21 in discovery. They actually -- instead of 22 objecting, they didn't say objecti on, you know, 23 not relevant or we re going to have it in our 24 privilege log, it's our. They said none. 25 Then we deposed the defendant and the ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 4 1 defendant said it doesn't exist. There's no 2 telephone call. Now, the last on the eve -- 3 or the last night of trial is when they produce 4 it. So I don't think they just miraculously 5 stumbled upon this document. 6 So I'm going to ask, just like the other 7 document you had to exclude for this piece of 8 discovery tactics, I would ask that your Honor 9 exclude that as well and prohibit them from even 10 mentioning a telephone reporting of the 11 reporting of the claim of the recorded statement 12 of my client, your Honor. 13 MR. WALKINGTON: Your Honor, 14 respectfully, it was true when we said we did 15 not have it, because the phone call was in the 16 possession of a separate party. 17 THE COURT: Who is the separate party? 18 They are calling Universal. 19 MR. WALKINGTON: The recording itself is 20 not something that's in Universal's possession. 21 There's a phone call that is made. 22 THE COURT: That's a different question. 23 MR. WALKINGTON: Pilot is the name. 24 THE COURT: It's in your custody and 25 control, right? All you have to do is pick up ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 5 1 the phone and say, hey, here's the copy of the 2 statement. 3 MR. WALKINGTON: It's within Pilot's 4 control, and it's something we would have to 5 request from them. 6 THE COURT: Who's Pilot? 7 MR. WALKINGTON: And that's not 8 THE COURT: Let me ask you a question. 9 So Pilot called -- this is Irma Qureshi or is 10 this Dr. Guerrero? 11 MS. RUIZ: Yes, Irma Qureshi. 12 THE COURT: So Pilot called Irma Qureshi 13 and said, hey, we'd like a recorded statement of 14 you. 15 MR. WALKINGTON: It's not a recorded 16 statement, your Honor. It's a phone call that 17 was recorded by Pilot when Irma Qureshi reported 18 the claim. 19 THE COURT: To Pilot. So why was she 20 calling Pilot? 21 MS. GALKA: I'm sorry, your Honor. My 22 client is whispering to me because I didn't even 23 know the answer. There is a third party that 24 records when a call is made to Universal to 25 report a claim. ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 6 1 THE COURT: So a call was made to 2 Universal? 3 MS. GALKA: Correct. 4 THE COURT: And Universal recorded it? 5 MS. GALKA: Well, Pi the third party 6 company. 7 THE COURT: So Universal recorded it. 8 They asked somebody else to record it for them? 9 MS. GALKA: Correct. 10 THE COURT: So this is Universal S 11 recording? 12 MS. GALKA: It's not a recorded 13 statement, though, and that's part of the issue. 14 Discovery asked for a recorded statement. This 15 is just a call. 16 THE COURT: Hopefully the recording 17 started out with, you now, that this call may be 18 recorded for quality assurance. 19 MS. RUIZ: That's the issue. It 20 doesn't. So it's a violation. 21 MS. GALKA: Quality assurance only. 22 I'm asking my client, because my 23 client 24 THE COURT: No, I understand that. 25 You're recording people's conversation and you ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 7 1 don't tell them, you've got a bigger issue here 2 other than paying money, right? 3 MS. GALKA: Here's the issue, your 4 Honor oh, I'm sorry. 5 THE COURT: Yeah. So you understand 6 that? 7 MS. GALKA: No, I understand. And my - 8 paralegal is I guess one of the few people in 9 Universal that know we can request this call, 10 that actually exists. She requested the call on 11 February 14th. We received it on the 15th. I 12 was the one that said, you know what, it's too 13 late. We picked a jury, we're starting trial, 14 we re not going to try to introduce it. And 15 then Ms. Qureshi got on the stand, and for lack 16 of a better term, completely contradicted the 17 call. And in all frankness, I will be moving 18 for a motion for sanctions and fraud on the 19 Court, because she was emphatic about things 20 that she said in that call, in that seven and a 21 half minute call where there's three very main 22 elements where she completely contradicted 23 herself. 24 So the issue for me, your Honor, is to 25 allow the jury to not know that information is a ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 8 1 problem. I'm not saying the jury needs to know 2 that she didn't tell the truth. 3 THE COURT: So let's think about this 4 for a second. 5 MS. GALKA: She can recant her 6 testimony. 7 THE COURT: Okay. Let's think about 8 this for a second. Say Mr. Casas was about to 9 testify, right, and there was a recorded 10 conversation out there. 11 MS. GALKA: Sure. 12 THE COURT: And after he is done 13 testifying they came up and said, oh, by the 14 way, we have this recorded, you know, the 15 statement from Mr. Casas. 16 MS. GALKA: Recorded call. 17 MS. RUIZ: It's a statement by the 18 client. 19 THE COURT: Call, whatever. You 20 understand. And he'd be like, wow, if we would 21 have known about this we would have had him 22 review it beforehand, and you wouldn't have to 23 worry about somebody on the other side screaming 24 fraud and we're going to call the authorities. 25 Wouldn't you think that you had an ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 9 1 obligation to let Ms. Qureshi review that phone 2 call that took place probably three years ago 3 before she got on the stand yesterday? 4 MS. GALKA: So, your Honor, my 5 position -- 6 THE COURT: In all fairness, think about 7 that. Take a step back there. 8 MS. GALKA: If I can go back in time, I 9 would have rather just sent her the call, 10 because I would have rather her testified to the 11 call. 12 THE COURT: Not only that, you had an 13 obligation to, but... 14 MS. GALKA: I don't think there was an 15 obligation because we didn't intend on 16 introducing it. My prosecutor brain says 17 there's an obligation, but the civil brain, I 18 don't believe there is based on the discovery 19 request. 20 THE COURT: Let's make this easy. Take 21 that and get it out of here. We're not using 22 it. 23 MS. GALKA: Your Honor, for the record, 24 I will be filing -- 25 THE COURT: There is a record, and if ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 10 1 you want to go forward with it you're going to 2 have to deal with sanctions, because you had the 3 discovery responses that said none existed. 4 MS. GALKA: For recorded statements. 5 THE COURT: And for you to be able to 6 say that, oh, it wasn't us, it was Pilot, a 7 third party. You've got to be kidding. 8 MS. GALKA: And that's not what I'm 9 trying to say, your Honor. I'm not trying to 10 say that we didn't have it. What I'm trying to 11 say was they asked for recorded statements. 12 They never said give us the call where my client 13 reported the claim. 14 THE COURT: If we're going forward with 15 any of it I'm going to start with discovery 16 sanctions. So you want to go forward with this 17 phone call? 18 That's going to be the first question. 19 We're going to go down the road of should there 20 be sanctions for violation of discovery, okay. 21 Before you even get to the point of where you 22 sandbagged a witness who is now taking the stand 23 without having the benefit of being able to 24 review their prior statement. I'm sure if 25 Mr. Casas had given a deposition, you're going ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 11 1 to let him read his deposition before he gets on 2 the stand, especially if it was a deposition 3 taken years ago. 4 MS. GALKA: And I would ask -- 5 THE COURT: Any witness in any 6 situation. And it's not fair to put somebody 7 out there on the stand and then after the fact 8 go, oh, by the way, we have a recording and now 9 there's fraud, and there's all kinds of - 10 MS. GALKA: There is fraud. That's the 11 problem. 12 THE COURT: How do you know there's 13 fraud? Is she refusing in light to refresh her 14 recollection? 15 MS. GALKA: And that's the thing. If 16 she wants to recant her testimony, we don't have 17 any issue with that. 18 THE COURT: Again, this is so 19 problematic on all kinds of different grounds. 20 All right. 21 MS. RUIZ: And, your Honor, just to put 22 on the record. It wasn't just the discovery 23 responses where they said it doesn't exist. 24 They also said in the corporate representative S 25 deposition, Universal's deposition that it ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 12 1 doesn't exist. 2 THE COURT: Read the question and 3 answer. 4 MS. GALKA: Please. 5 MS. RUIZ: Page 14, lines 14 through 18. 6 "Is there a recording of the reporting 7 of the claim or is it just a claim note that 8 you're referring to for that information as to 9 what was stated? 10 "It is through the property loss notice, 11 which is the form." 12 Okay. And then it continues 19 13 through 20. Same page. 14 "Is that the first notice of loss form? 15 "Yes. 16 "Who prepared that form? 17 "The claim file does not reflect." 18 Then earlier in the deposition, page 13. 19 " When was the claim reported? 20 "Claim was reported to Universal on 21 October 15, 2020. 22 "Was the claim reported via telephone, 23 e-mail or some other method? " 24 By telephone. 25 "You said probably? I'm sorry, I didn't Eamue geomm.71 www.j eanni ereporting.corn You.r Wish Is Our Job! 305-577-1705 13 1 know if you said probably or by telephone. 2 "No. My testimony was by telephone" -- 3 Oh, I'm sorry. I'm reading the wrong page. 4 Page 11, 1 through 19. 5 "With regard to the documents within the 6 claim file that you reviewed, what specific 7 documents did you review? 8 " The claim file is a very -- is a pretty 9 general statement. 10 "Answer: Well, it includes various 11 documentation. It includes correspondence sent 12 to the insured and its representatives. Any 13 correspondence received from the field adjuster 14 such as the report, estimate, photographs, any 15 correspondence from the insured, and its 16 representatives, and that is all. And, 17 obviously, any telephone calls, communication 18 between the insured, public adjuster, and 19 Universal. 20 "Question: Are those recorded, the 21 telephone calls? 22 "Answer: I don't know, the file doesn't 23 reflect." 24 Their own file doesn't reflect whether 25 there was a recorded phone call. I'm assuming Eamue geomm.71 www.j eanni ereporting.corn You.r Wish Is Our Job! 305-577-1705 14 1 they always record phone calls, that's how the 2 paralegal knew to reach out to obtain it from 3 this other company who is instructed by 4 Universal to make these recordings. 5 THE COURT: No, I understand that. It's 6 a little bit different. He said there was none 7 and then he said he didn 't know, and I think at 8 that time he answered that he didn't know. 9 MS. RUIZ: And the discovery responses 10 say none. 11 THE COURT: I understand. That's a 12 different story. And so this is highly, highly 13 problematic for Universal to come in here after 14 a witness has already testified and then say, 15 oh, by the way, we've got you recorded. We 16 never told you it was being recorded. 17 MS. GALKA: We did tell her at the time 18 it was being recorded, but I agree. She didn't 19 have it before her testimony. I agree. 20 MS. RUIZ: That's not true, your Honor. 21 THE COURT: Do you have a transcript of 22 that? 23 You don't even have a transcript of the 24 call. 25 MS. GALKA: No, I have a phone call. ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 15 1 THE COURT: This is so wrong in so many 2 levels, but you want to go down this road, I'll 3 roll up my sleeves, we'11 do some research, and 4 we'11 start with discovery sanctions, okay. 5 Let me see the discovery. 6 MS. GALKA: Your Honor, is there any 7 way -- before we do this, if we want to address 8 the other housekeeping matters. 9 MS. RUIZ: Let's do one at a time. 10 MS. GALKA: And then I can just step out 11 while Mr. Walkington is addressing the 12 housekeeping matters I just want to call my 13 direct boss, because I know my opinion on going 14 down this road is yes, but I would just like to 15 confirm that. Otherwise, I'm prepared to go 16 down this road. 17 MS. RUIZ: Your Honor, I'll also hand 18 you the privilege log, which obviously contains 19 documents from - Universal has many companies, 20 Prodigy, RiskAdvisor -- 21 MS. GALKA: They don't have Prodigy. 22 It's an outside company. 23 MS. RUIZ: So they do list documents 24 that are within their control, Prodigy 25 Acknowledgement Assignment. So that form that ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 16 1 was prepared by another company under their 2 control, that's in there but the recorded 3 statement is not contained in the privilege log. 4 MR. WALKINGTON: That was documents that 5 were provided to us from Prodigy. This phone 6 call was not provided to us. It's the same as 7 when you have your company has -- the courthouse 8 has a phone call that's recorded that you go 9 through that phone call. It's not within their 10 possession, it's maintained by a separate 11 entity. 12 MS. RUIZ: May I approach, your Honor? 13 THE COURT: Yes. 14 "Question: Any and all" this is 15 defendant's response to plaintiff's first 16 request for production. And so this was done 17 back on August 19, 2021. 18 "Question: For request, with any and 19 all recorded statements and any transcripts of 20 any recorded statements taken of plaintiffs by 21 defendant for the claim as described in the 22 complaint. " " 23 Response: None. 24 Okay. So, obviously, that's wrong, 25 right? Eamue geomm.71 www.j eanni ereporting.corn You.r Wish Is Our Job! 305-577-1705 17 1 "Any and all recorded statements and any 2 transcripts of any recorded statements taken of 3 plaintiffs by defendant for the claim as 4 described in the complaint. " " 5 Response: None. 6 That's wrong. 7 MS. GALKA: So, respectfully, the policy 8 talks about a recorded statement and it 9 specifically asks for a record statement, it 10 doesn't say recorded calls. I know I'm being 11 picky and semantical, but that is the fact. 12 Recorded statement, we don't have a recorded 13 statement. 14 MS. RUIZ: Your Honor, it's a record 15 statement. 16 MS. GALKA: I understand that the Court 17 is saying this was a statement, but it was a 18 call. It wasn't that we coordinated a time to 19 take her statement. She called us to tell us 20 about a claim. It's a recorded call. 21 MS. RUIZ: And, your Honor, whatever 22 form the statement comes in this is the form it 23 happens to be in. It's a phone call that the 24 statement is recorded. So that's how they 25 recorded it. It is a recorded statement of the Eamue geomm.71 www.j eanni ereporting.corn You.r Wish Is Our Job! 305-577-1705 18 1 insured, and they said there was none. They 2 didn't say objecti on, they didn't say outside of 3 our control, we don't have it at this time, we 4 don't have it in our possession. I didn't even 5 know it existed, so I would have liked to have 6 had that years ago. 7 THE COURT: Let me hear the recorded 8 statement. How long is this call? 9 MS. GALKA: Seven and a half minutes. 10 THE COURT: Let me hear it. 11 You know what, we'11 take this up after 12 we finish. This is not going to affect 13 plaintiff's case, right? 14 MS. RUIZ: No, it's not. 15 THE COURT: I understand. Let's go 16 ahead and grab our jurors and then we'11 take a 17 break. 18 MS. GALKA: Your Honor, the only other 19 issue, which we can do at any time is there's a 20 couple of e-mails. One references a serenity S 21 notice and one referenced, Universal always does 22 this, something to that effect. So I just think 23 that needs to be redacted. It's not relevant. 24 THE COURT: Do you agree? 25 MS. RUIZ: We'11 take that up after, ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 19 1 your Honor. 2 THE COURT: Okay. 3 MS. GALKA: That's it for now, your 4 Honor. 5 THE COURT: I understand that everybody 6 gets excited and you have to fight for your 7 clients and all of that, but sometimes you have 8 to take a step back and put things into 9 perspective when you start to now throw out 10 everybody's reputation when you're dealing with 11 attorneys that have licenses and things of that 12 nature. And so, obviously, you've got discovery 13 responses. I mean, you can argue semantics and 14 whatnot. Obviously, this is a little bit 15 different. This isn't a homeowner who - this 16 is a homeowner who is an attorney and who has a 17 license and you're making accusations that are 18 serious. She's a party here, I understand that. 19 But, again, you're talking about 20 reputations here on both sides and sometimes you 21 have to be very cautious and careful before you 22 go down that road. 23 MS. GALKA: I don't take it lightly, 24 which is why I didn't want to file a written 25 motion which is why I wanted to address this ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 20 1 orally. 2 MS. RUIZ: Your Honor, I'm the one who 3 brought it up, not her. So I don't know why 4 she's saying that. 5 MS. GALKA: I'm talking about my motion. 6 MS. RUIZ: And she didn't want to bring 7 it up because then we would have had an 8 opportunity to have it beforehand -- 9 MS. GALKA: I wish they did. 10 MS. RUIZ: It's trial by ambush, your 11 Honor. BAM. 12 THE COURT: I understand. There's times 13 where I get sides that are so excited about this 14 issue and all that not realizing that, you know, 15 you put the Court in a position where the 16 Court's got to make credibility findings and 17 things where - I've had situations, not this 18 one here, in other cases where you're putting 19 something in front of me where I have to make a 20 credibility determination where one attorney or 21 the other attorney is a liar. I've got a motion 22 to enforce the settlement, and that's the last 23 thing in the world anybody wants is a finding by 24 a Court that somebody is lying or committing 25 fraud, and so just any way. ecDU:ie fpo*4>19' www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 21 1 THE BAILIFF: Jury entering. 2 3 (End of excerpt.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 emune 40041?? www.jeanniereporting.com You.r Wish Is Our Job! 305-577-1705 22 1 CERTIFICATE OF SHORTHAND REPORTER 2 3 STATE OF FLORIDA ) 4 ) SS. 5 COUNTY OF DADE 6 7 I, Ashley Mufioz, Notary Public, do 8 hereby certify that I was authorized to and did 9 stenographically report the foregoing proceedings 10 and that the transcript is a true and correct 11 transcription of my stenotype notes of the 12 proceedings 13 14 Dated this 25th day of February, 15 2023. 16 17 18 19 20 '-01 21 Ashley Mufioz 22 Shorthand Reporter 23 24 25 eannte; Your -Wisli Is fefu? Our Job! 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