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Filing# 158742732 E-Filed 10/06/2022 04:54:31 PM
RAWATEE CECIL AND IN THE CIRCUIT COURT OF THE 17TH
BALRAM CECIL, JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
Plaintiff.
GENERAL JURISDICTION DIVISION
V
CASE NO.: CACE-21-010688
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
PLAINTIFFS MOTION TO COMPEL DEPOSITION DATES OR IN THE
ALTERNATIVE STRIKE WITNESS FROM TRIAL
COMES NOW, the Plaintiffs,RAWATEE CECIL & BALRAM CECIL
by and through their undersignedcounsel hereby
("Plaintiffs"), files his Motion to Compel
Deposition Dates or in the Alternative Strike Witness from Trial for Defendant, UNIVERSAL
PROPERTY & CASUALTY INSURANCE COMPANY, ("Defendant") and in support
thereof state as follows:
1. Plaintiffs' lawsuit arises from of a claim for homeowner's insurance claim for
damages that occurred on November 08,2020.
2. Plaintiffs' have made good faith to request and coordinate the deposition
effort(s)
as well as Defendant's expert witnesses. Please see
ofthe corporate representative
a true and correct copy of and Defendant's office
the emails between Plaintiff
attached hereto as Exhibit "A".
3 Despitethe repeatedattempts made by undersigned counsel,to date,Defendant has
not provideddeposition
dates.
4. Plaintiff is attemptingto procure relevant discovery from Defendant.
5. This motion is made in good faith and not for purposes of delay.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/06/2022 04:54:30 PM.****
WHEREFORE, RAWATEE
Plaintiff, CECIL & BALRAM CECIL respectfully
request this Honorable Court Grant Plaintiff's Motion and enter an Order Compelling
Defendant to provide depositiondates within the next ten (10) days and/or in the alternative,
strike Defendant's Corporate Representativeand Expert Witnesses from testifying
at Trial,or
for any other relief this Court deems justand proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy o f the foregoingpleadingwas served
by Electronic Service via E-portalon this 6th day of October, 2022.
the Florida Courts E-filing
MOISES IGROSS PLLC.
Attorneys for Plaintiff
999 Ponce de Leon Blvd., Suite 945
Coral Gables, FL 33134
T: (305) 306-3055
F: (305) 907-5319
Primary: Service@moisesgross.com
Secondary: cquintana@mosisesgross.com
Tertiary:
kpimentel@moisesgross.com
By: /s/ Carolina Quintana
Carolina Quintana, Esq.
Florida Bar No. 96935
EXHIBIT "A'
,,
KrystleA. Deus-Pimentel (MIG)
From: Carolina Quintana (MIG)
Sent: Wednesday, September 14, 2022 3:22 PM
To: IngridSmith; Joseph Henn; KrystleA. Deus-Pimentel (MIG)
CC Erika Mora (MIG);kb0615@universalproperty.com; is0601@universalproperty.com
RE: URGENT URGENT -- RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL
Subject:
Good afternoon,
Following up on our request to depose the CR and Defendant's Expert ahead of
the upcoming trial period. We would also like to discuss settlement.
Thank you.
Carolina Quintana, Esq.
Attorney
MoisesIGross PLLC
g CQuintana@moisesqross.com
6 (305) 306-3055 Ext. 390
? {305) 907-5319
g We are in the business e * 999 Ponce de Leon Blvd., Suite
Coral Gables, Florida 33134
945
of HELPING PEOPLE.
? moisesgross.com
MOISES GROSS
Oin@G
This email and any attachments hereto contain information from MoisesIGross PLLC, (hereinafter referred to as the ''Firm") that is
intended only for the use of the individual(s) to whom it is addressed, and may contain information that is privileged and/or confidential.
If you received this email in error, please notify the sender immediately and delete the email and its attachments, if any, from your
system without making a copy or disclosing any of the information contained therein. If you are not an existing client of the Firm, do not
construe anything in this email as making you a client of the Firm. If you received this email as a client, you should maintain its
contents in confidence in order to preserve the attorney-client privilege that may be available to protect confidentiality.
From: Carolina Quintana (M IG)
Sent: Wednesday, September 7, 2022 11:31 AM
To: IngridSmith ; Joseph Henn ; KrystleA. Deus-
Pimentel (MIG)
Cc: Erika Mora (MIG)
Subject: RE: URGENT URGENT -- RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL
Importance: High
Good morning,
1
We need to depose the CR. Please provide us with dates and @Krystle A. Deus-
Pimentel (M IG) will coordinate. Ifthere is interest in resolution ahead of the trial
period,please let me know.
Thanks,
Carolina Quintana, Esq.
Attorney
MoisesIGross PLLC
Q CQuintana@moisesgross.com
? (305) 306-3055 Ext. 390
? (305) 907-5319
89 Weareinthebusiness * * 999 Ponce de Leon Blvd., Suite
Coral Gables, Florida 33134
945
of HELPING PEOPLE.
# moisesgross.com
MOISES (;R()%%
O in @G
This email and any attachments hereto contain information from MoisesIGross PLLC, (hereinafter referred to as the ''Firm") that is
intended only for the use of the individual(s) to whom it is addressed, and may contain information that is privileged and/or confidential.
If you received this email in error, please notify the sender immediately and delete the email and its attachments, if any, from your
system without making a copy or disclosing any of the information contained therein. If you are not an existing client of the Firm, do not
construe anything in this email as making you a client of the Firm. If you received this email as a client, you should maintain its
contents in confidence in order to preserve the attorney-client privilege that may be available to protect confidentiality.
From: Ingrid Smith
Sent: Thursday, May 5, 2022 11:26 AM
To: Yleg Caridad (MIIG) ; Joseph Henn
Cc: Carolina Quintana (MIG)
Subject: URGENT URGENT
-- RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL
Please standby with that date, it is incorrect.
From: Yleg Caridad (M IG)
Sent: Monday, May 2,2022 3:44 PM
To: IngridSmith ; Joseph Henn
Cc: Carolina Quintana (MIG)
Subject: URGENT
--
RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL
Importance: High
Good afternoon,
Please provide dates as soon as possiblefor the CR depo
Thank you.
2
Sincerely,
Yleg Caridad ICase Manager
999 Ponce de Leon Blvd., Suite 945
Coral Gables, FL 33134
MOISES GROSS Telephone: (305) 306-3055 Extension:
910
Facsimile: (305) 907-5319
From: Yleg Caridad (M IG)
Sent: Wednesday, April 6,2022 9:49 AM
To: 'IngridSmith' ; 'Joseph Henn'
Cc: Carolina Quintana (MIG)
Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL
Good morning,
I am followingup on the below
Thank you.
Sincerely,
Yleg Caridad ICase Manager
999 Ponce de Leon Blvd., Suite 945
Coral Gables, FL 33134
MOISES GROSS Telephone: (305) 306-3055 Extension:
910
Facsimile: (305) 907-5319
From: Yleg Caridad (M IG)
Sent: Wednesday, March 30, 2022 2:15 PM
To: IngridSmith ; Joseph Henn
Cc: Carolina Quintana (MIG)
Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL
Good Afternoon,
I am followingup on the Corporate Representativedeposition.
Thank you.
Sincerely,
3
Yleg Caridad ICase Manager
999 Ponce de Leon Blvd., Suite 945
Coral Gables, FL 33134
MOISES GROSS Telephone: (305) 306-3055 Extension:
910
Facsimile: (305) 907-5319
From: Ingrid Smith
Sent: Tuesday, March 22,2022 4:25 PM
To: Yleg Caridad (MIIG) ; Joseph Henn
Cc: Carolina Quintana (MIG)
Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL
[EXTERNAL EMAIL] The following message is from a sender outside your organization. DO NOT CLICK on any links or any
attachments if you are unsure of the email sent.
Good afternoon Yleg,
I am working on securing a date I am working on cancellations so I can secure dates.
IngridSmith
Legal Assistant
-
(W): (954) 958-1200 ext:6977
(Direct):(954) 306-9522
.universalproperty.com
UNIVERSAL
1",:i:1.i'? w?iZm
Join us and GO GREEN! Go paperless with Universal.
Confidentiality Notice: This e-mail message, including
any attachments, is for the sole use of the intended recipient(s) and may
contain confidential and privileged information. Any unauthorized review, use,
disclosure or distribution is prohibited. If you are not the intended recipient
and received this in error, please contact the sender by reply e-mail. You are
hereby notified that the copying, use or distribution of any information or
materials transmitted in or with this message is strictlyprohibited.
From: Yleg Caridad (M IG)
Sent: Tuesday, March 22, 2022 11:59 AM
To: Ingrid Smith ; Joseph Henn
Cc: Carolina Quintana (MIG)
Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL
Importance: High
4
Good morning,
I am followingon the below. Please advise so I may re-notice.
Thank you.
Sincerely,
Yleg Caridad ICase Manager
999 Ponce de Leon Blvd., Suite 945
Coral Gables, FL 33134
MOISES fGROSS Telephone: (305) 306-3055 Extension:
910
Facsimile: (305) 907-5319
From: Yleg Caridad (M IG)
Sent: Monday, March 21, 2022 3:47 PM
To: IngridSmith ; Joseph Henn
Cc: Carolina Quintana (MIG)
Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL
Please provide me with dates so that I can re-notice for the depositiono f the Corporate Representative
Thank you.
Sincerely,
Yleg Caridad ICase Manager
999 Ponce de Leon Blvd., Suite 945
Coral Gables, FL 33134
MOISES fGROSS Telephone: (305) 306-3055 Extension:
910
Facsimile: (305) 907-5319
From: Ingrid Smith
Sent: Friday,March 18, 2022 4:03 PM
To: Yleg Caridad (MIG) ; Joseph Henn
Cc: Carolina Quintana (MIG)
Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL
Importance: High
[EXTERNAL EMAIL] The following message is from a sender outside your organization. DO NOT CLICK on any links or any
attachments if you are unsure of the email sent.
5
Good afternoon Yleg,
Ilook forward to working with you. I have advised Attorney Henn of the request to cancel the CR depo, please file the
Notice of Cancellation. We
will work on securing a date 90 days out for re-scheduling purposes. Have a great weekend
as well.
IngridSmith
Legal Assistant
-
(W): (954) 958-1200 ext:6977
(Direct):(954) 306-9522
.universalproperty.com
UNIVERSAL
i c'owrec':--@jl:=
Ml
Y tj"Il .tl ,>-1,
I'kIt
Sent: Friday, March 18, 2022 3:44 PM
To: UPCIC eService Ol ; IngridSmith ;
Joseph Henn
Cc: Carolina Quintana (MIG)
Subject: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL
Importance: High
Good afternoon,
Please be advised that I paralegalassigned.We kindlyrequest to re-schedule the attached
am the new
depositionand provideus with new dates to take placewithin the next 90days so that I can re-notice. I hope to
hear back from you soon. Have a good weekend.
Thank you.
Sincerely,
Yleg Caridad ICase Manager
999 Ponce de Leon Blvd., Suite 945
Coral Gables, FL 33134
MOISES GROSS Telephone: (305) 306-3055 Extension:
910
Facsimile: (305) 907-5319
6
7
Preview
Filing# 158742732 E-Filed 10/06/2022 04:54:31 PM RAWATEE CECIL AND IN THE CIRCUIT COURT OF THE 17TH BALRAM CECIL, JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA Plaintiff. GENERAL JURISDICTION DIVISION V CASE NO.: CACE-21-010688 UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i PLAINTIFFS MOTION TO COMPEL DEPOSITION DATES OR IN THE ALTERNATIVE STRIKE WITNESS FROM TRIAL COMES NOW, the Plaintiffs,RAWATEE CECIL & BALRAM CECIL by and through their undersignedcounsel hereby ("Plaintiffs"), files his Motion to Compel Deposition Dates or in the Alternative Strike Witness from Trial for Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, ("Defendant") and in support thereof state as follows: 1. Plaintiffs' lawsuit arises from of a claim for homeowner's insurance claim for damages that occurred on November 08,2020. 2. Plaintiffs' have made good faith to request and coordinate the deposition effort(s) as well as Defendant's expert witnesses. Please see ofthe corporate representative a true and correct copy of and Defendant's office the emails between Plaintiff attached hereto as Exhibit "A". 3 Despitethe repeatedattempts made by undersigned counsel,to date,Defendant has not provideddeposition dates. 4. Plaintiff is attemptingto procure relevant discovery from Defendant. 5. This motion is made in good faith and not for purposes of delay. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/06/2022 04:54:30 PM.**** WHEREFORE, RAWATEE Plaintiff, CECIL & BALRAM CECIL respectfully request this Honorable Court Grant Plaintiff's Motion and enter an Order Compelling Defendant to provide depositiondates within the next ten (10) days and/or in the alternative, strike Defendant's Corporate Representativeand Expert Witnesses from testifying at Trial,or for any other relief this Court deems justand proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy o f the foregoingpleadingwas served by Electronic Service via E-portalon this 6th day of October, 2022. the Florida Courts E-filing MOISES IGROSS PLLC. Attorneys for Plaintiff 999 Ponce de Leon Blvd., Suite 945 Coral Gables, FL 33134 T: (305) 306-3055 F: (305) 907-5319 Primary: Service@moisesgross.com Secondary: cquintana@mosisesgross.com Tertiary: kpimentel@moisesgross.com By: /s/ Carolina Quintana Carolina Quintana, Esq. Florida Bar No. 96935 EXHIBIT "A' ,, KrystleA. Deus-Pimentel (MIG) From: Carolina Quintana (MIG) Sent: Wednesday, September 14, 2022 3:22 PM To: IngridSmith; Joseph Henn; KrystleA. Deus-Pimentel (MIG) CC Erika Mora (MIG);kb0615@universalproperty.com; is0601@universalproperty.com RE: URGENT URGENT -- RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL Subject: Good afternoon, Following up on our request to depose the CR and Defendant's Expert ahead of the upcoming trial period. We would also like to discuss settlement. Thank you. Carolina Quintana, Esq. Attorney MoisesIGross PLLC g CQuintana@moisesqross.com 6 (305) 306-3055 Ext. 390 ? {305) 907-5319 g We are in the business e * 999 Ponce de Leon Blvd., Suite Coral Gables, Florida 33134 945 of HELPING PEOPLE. ? moisesgross.com MOISES GROSS Oin@G This email and any attachments hereto contain information from MoisesIGross PLLC, (hereinafter referred to as the ''Firm") that is intended only for the use of the individual(s) to whom it is addressed, and may contain information that is privileged and/or confidential. If you received this email in error, please notify the sender immediately and delete the email and its attachments, if any, from your system without making a copy or disclosing any of the information contained therein. If you are not an existing client of the Firm, do not construe anything in this email as making you a client of the Firm. If you received this email as a client, you should maintain its contents in confidence in order to preserve the attorney-client privilege that may be available to protect confidentiality. From: Carolina Quintana (M IG) Sent: Wednesday, September 7, 2022 11:31 AM To: IngridSmith ; Joseph Henn ; KrystleA. Deus- Pimentel (MIG) Cc: Erika Mora (MIG) Subject: RE: URGENT URGENT -- RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL Importance: High Good morning, 1 We need to depose the CR. Please provide us with dates and @Krystle A. Deus- Pimentel (M IG) will coordinate. Ifthere is interest in resolution ahead of the trial period,please let me know. Thanks, Carolina Quintana, Esq. Attorney MoisesIGross PLLC Q CQuintana@moisesgross.com ? (305) 306-3055 Ext. 390 ? (305) 907-5319 89 Weareinthebusiness * * 999 Ponce de Leon Blvd., Suite Coral Gables, Florida 33134 945 of HELPING PEOPLE. # moisesgross.com MOISES (;R()%% O in @G This email and any attachments hereto contain information from MoisesIGross PLLC, (hereinafter referred to as the ''Firm") that is intended only for the use of the individual(s) to whom it is addressed, and may contain information that is privileged and/or confidential. If you received this email in error, please notify the sender immediately and delete the email and its attachments, if any, from your system without making a copy or disclosing any of the information contained therein. If you are not an existing client of the Firm, do not construe anything in this email as making you a client of the Firm. If you received this email as a client, you should maintain its contents in confidence in order to preserve the attorney-client privilege that may be available to protect confidentiality. From: Ingrid Smith Sent: Thursday, May 5, 2022 11:26 AM To: Yleg Caridad (MIIG) ; Joseph Henn Cc: Carolina Quintana (MIG) Subject: URGENT URGENT -- RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL Please standby with that date, it is incorrect. From: Yleg Caridad (M IG) Sent: Monday, May 2,2022 3:44 PM To: IngridSmith ; Joseph Henn Cc: Carolina Quintana (MIG) Subject: URGENT -- RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL Importance: High Good afternoon, Please provide dates as soon as possiblefor the CR depo Thank you. 2 Sincerely, Yleg Caridad ICase Manager 999 Ponce de Leon Blvd., Suite 945 Coral Gables, FL 33134 MOISES GROSS Telephone: (305) 306-3055 Extension: 910 Facsimile: (305) 907-5319 From: Yleg Caridad (M IG) Sent: Wednesday, April 6,2022 9:49 AM To: 'IngridSmith' ; 'Joseph Henn' Cc: Carolina Quintana (MIG) Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL Good morning, I am followingup on the below Thank you. Sincerely, Yleg Caridad ICase Manager 999 Ponce de Leon Blvd., Suite 945 Coral Gables, FL 33134 MOISES GROSS Telephone: (305) 306-3055 Extension: 910 Facsimile: (305) 907-5319 From: Yleg Caridad (M IG) Sent: Wednesday, March 30, 2022 2:15 PM To: IngridSmith ; Joseph Henn Cc: Carolina Quintana (MIG) Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL Good Afternoon, I am followingup on the Corporate Representativedeposition. Thank you. Sincerely, 3 Yleg Caridad ICase Manager 999 Ponce de Leon Blvd., Suite 945 Coral Gables, FL 33134 MOISES GROSS Telephone: (305) 306-3055 Extension: 910 Facsimile: (305) 907-5319 From: Ingrid Smith Sent: Tuesday, March 22,2022 4:25 PM To: Yleg Caridad (MIIG) ; Joseph Henn Cc: Carolina Quintana (MIG) Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL [EXTERNAL EMAIL] The following message is from a sender outside your organization. DO NOT CLICK on any links or any attachments if you are unsure of the email sent. Good afternoon Yleg, I am working on securing a date I am working on cancellations so I can secure dates. IngridSmith Legal Assistant - (W): (954) 958-1200 ext:6977 (Direct):(954) 306-9522 .universalproperty.com UNIVERSAL 1",:i:1.i'? w?iZm Join us and GO GREEN! Go paperless with Universal. Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and received this in error, please contact the sender by reply e-mail. You are hereby notified that the copying, use or distribution of any information or materials transmitted in or with this message is strictlyprohibited. From: Yleg Caridad (M IG) Sent: Tuesday, March 22, 2022 11:59 AM To: Ingrid Smith ; Joseph Henn Cc: Carolina Quintana (MIG) Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL Importance: High 4 Good morning, I am followingon the below. Please advise so I may re-notice. Thank you. Sincerely, Yleg Caridad ICase Manager 999 Ponce de Leon Blvd., Suite 945 Coral Gables, FL 33134 MOISES fGROSS Telephone: (305) 306-3055 Extension: 910 Facsimile: (305) 907-5319 From: Yleg Caridad (M IG) Sent: Monday, March 21, 2022 3:47 PM To: IngridSmith ; Joseph Henn Cc: Carolina Quintana (MIG) Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL Please provide me with dates so that I can re-notice for the depositiono f the Corporate Representative Thank you. Sincerely, Yleg Caridad ICase Manager 999 Ponce de Leon Blvd., Suite 945 Coral Gables, FL 33134 MOISES fGROSS Telephone: (305) 306-3055 Extension: 910 Facsimile: (305) 907-5319 From: Ingrid Smith Sent: Friday,March 18, 2022 4:03 PM To: Yleg Caridad (MIG) ; Joseph Henn Cc: Carolina Quintana (MIG) Subject: RE: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL Importance: High [EXTERNAL EMAIL] The following message is from a sender outside your organization. DO NOT CLICK on any links or any attachments if you are unsure of the email sent. 5 Good afternoon Yleg, Ilook forward to working with you. I have advised Attorney Henn of the request to cancel the CR depo, please file the Notice of Cancellation. We will work on securing a date 90 days out for re-scheduling purposes. Have a great weekend as well. IngridSmith Legal Assistant - (W): (954) 958-1200 ext:6977 (Direct):(954) 306-9522 .universalproperty.com UNIVERSAL i c'owrec':--@jl:= Ml Y tj"Il .tl ,>-1, I'kIt Sent: Friday, March 18, 2022 3:44 PM To: UPCIC eService Ol ; IngridSmith ; Joseph Henn Cc: Carolina Quintana (MIG) Subject: Time Sensitive --RAWATEE CECIL AND BALRAM CECIL Importance: High Good afternoon, Please be advised that I paralegalassigned.We kindlyrequest to re-schedule the attached am the new depositionand provideus with new dates to take placewithin the next 90days so that I can re-notice. I hope to hear back from you soon. Have a good weekend. Thank you. Sincerely, Yleg Caridad ICase Manager 999 Ponce de Leon Blvd., Suite 945 Coral Gables, FL 33134 MOISES GROSS Telephone: (305) 306-3055 Extension: 910 Facsimile: (305) 907-5319 6 7