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Filing # 178484117 E-Filed 07/28/2023 03:22:19 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO.: 2021-CA-1348
MIGUEL ROSARIO CARRASQUILLO,
Plaintiff,
v.
MANUEL ANTONIO TORRES-
ESQUEA,
Defendant.
/
DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO PROSECUTE
AND/OR FOR SANCTIONS FOR FAILURE TO MAKE DISCOVERY
Defendant, MANUEL ANTONIO TORRES-ESQUEA, by and through
undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure,
including Rules 1.420(e) and 1.380(d), hereby moves to dismiss this cause for
Plaintiff’s failure to prosecute, and/or for sanctions for Plaintiff’s failure to make
discovery, and in support states the following:
1. On May 11, 2021, Plaintiff instituted this action against Defendant,
seeking recovery for a motor vehicle accident on or about May 16, 2020.
2. The last document filed by Plaintiff was a Notice of Service of Proposal
for Settlement on or about November 3, 2021.
3. On January 5, 2022, Plaintiff’s counsel filed a Motion to Withdraw as
Counsel and this Court granted the Motion on February 7, 2022.
301 WEST BAY STREET, SUITE 14105 · JACKSONVILLE, FLORIDA 32202
TELEPHONE: 904-329-7269 · FACSIMILE: 305-379-3690
CASE NO.: 2021-CA-1348
4. Plaintiff has not retained new counsel or filed a document representing
themselves in furtherance of litigation.
5. On February 4, 2022, Defendant sent Plaintiff correspondence, via email
and U.S. Mail, containing a good faith letter offering Plaintiff ten (10) days to respond
to overdue discovery requests. A copy of said email and letter are attached hereto as
composite Exhibit “A.”
6. On February 4, 2022, Defendant sent Plaintiff email correspondence
offering dates to coordinate the deposition of Plaintiff. Follow up emails were sent on
February 9, 2022, February 17, 2022 and March 14, 2022. A copy of these emails are
attached hereto as composite Exhibit “B.”
7. On August 19, 2022, Defendant sent Plaintiff, via email, and via U.S.
Mail to the two addresses for Plaintiff contained in the Court’s February 7, 2022, a
good faith letter requesting deposition dates and responses to Defendant’s discovery.
One of the letters was returned as undeliverable. A copy of the email, letter and
return envelope are attached hereto as composite Exhibit “C.”
8. To date, Defendant has not received any correspondence or response
from Plaintiff.
9. Furthermore, this case is set to commence jury trial during the three (3)
week trial docket beginning on November 27, 2023. Defendant has been severely
prejudiced by Plaintiff’s non-cooperation.
10. Therefore, based on the foregoing, Defendant requests the following:
2
301 WEST BAY STREET, SUITE 14105 · JACKSONVILLE, FLORIDA 32202
TELEPHONE: 904-329-7269 · FACSIMILE: 305-379-3690
CASE NO.: 2021-CA-1348
a. Dismissal of this matter for lack of prosecution pursuant to Fla. R.
Civ. P. 1.420(e);
b. Sanctions pursuant to Fla. R. Civ. P 1.380(d), for Plaintiff’s failure to
make discovery, including dismissal of this matter, the striking of
Plaintiff’s pleadings and/or rendering a judgment by default against
Plaintiff as set forth in 1.380(b)(2)(C).
c. Payment of Defendant’s attorney’s fees and costs incurred in
prosecuting this Motion pursuant to Fla. R. Civ. P. 1.380(d).
WHEREFORE, Defendant, MANUEL ANTONIO TORRES-ESQUEA, hereby
moves this Court for an Order dismissing this case for lack of prosecution pursuant
to Fla. R. Civ. P. 1.420(e) and/or for sanctions pursuant to Fla. R. Civ. P. 1.380(d) for
Plaintiff’s failure to make discovery, including: dismissal, striking of pleadings and/or
rendering a judgment by default against Plaintiff, as well as attorney’s fees and costs,
and any other and further relief this Court deems just and proper.
CERTIFICATE OF GOOD FAITH
I HEREBY CERTIFY, as undersigned counsel for Defendant, that I have made
reasonable efforts to attempt to confer with Plaintiff, MIGUEL ROSARIO
CARRASQUILLO, Pro Se, in a good faith effort to resolve the issues addressed in this
Moton without Court intervention, to no avail.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
has been furnished to via email to all parties registered with the Court’s E-portal and
3
301 WEST BAY STREET, SUITE 14105 · JACKSONVILLE, FLORIDA 32202
TELEPHONE: 904-329-7269 · FACSIMILE: 305-379-3690
CASE NO.: 2021-CA-1348
via email service on Plaintiff, Pro Se, Miguel Rosario Carrasquillo at
frenyarlieyayi@gmail.com.
/s/ Samantha S. Loveland
Samantha S. Loveland, Esq.
Florida Bar No.: 92846
sloveland@hamiltonmillerlaw.com
Jennifer Miller Brooks, Esq.
Florida Bar No. 124656
jmiller@hamiltonmillerlaw.com
HAMILTON, MILLER & BIRTHISEL, LLP
Attorneys for Defendant
301 West Bay Street, Suite 14105
Jacksonville, Florida 32202
Telephone: 904-329-7269
Facsimile: 305-379-3690
4
301 WEST BAY STREET, SUITE 14105 · JACKSONVILLE, FLORIDA 32202
TELEPHONE: 904-329-7269 · FACSIMILE: 305-379-3690
Exhibit "A"
February 4, 2022
VIA E-MAIL and U.S.P.S.
Mr. Miguel Rosario Carrasquillo
1215 Person St., Apt A
Kissimmee, Florida
Mr. Miguel Rosario Carrasquillo
7324 SW 115th Street
Ocala, FL 34476
RE: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea
Case No.: 59-06Z4-38N
Claim No.: 2021-CA-1348
Dear Mr. Rosario Carrasquillo:
Please accept this correspondence as my good faith attempt to resolve a pending
discovery dispute. On December 10, 2021, I forwarded to you, via your attorney,
Motor Vehicle Negligence Interrogatories, Request for Admissions, and Request for
Production. To date, I have not received the discovery responses.
I would request that you contact me concerning the reason for your delay or forward
your responses. If I do not hear from you or receive the discovery responses within
ten (10) days of the date of this correspondence, I will have no choice but to file a
Motion to Compel.
I look forward to hearing from you or receiving your responses.
Very truly yours,
Nikki Hawkins
Nikki Hawkins, Esquire
From: Katherine Ervin
To: "frenyarlieyayi@gmail.com"
Cc: AIM
Subject: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea *79043
Date: Friday, February 4, 2022 6:37:54 PM
Attachments: Letter to Plaintiff re good faith on discovery.pdf
image001.png
Good Afternoon Mr. Rosario Carrasquillo,
Please see the attached correspondence sent on behalf of Ms. Hawkins.
Thank you,
Katherine Ervin | Legal Assistant
HAMILTON, MILLER & BIRTHISEL, LLP
390 North Orange Avenue kervin@hamiltonmillerlaw.com
Suite 2300 O (407) 900-2180 | F (305) 379-3690
Orlando, Florida 32801 Direct (901) 484-8028
MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK |
JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO
*** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for
the use of the addressee and may contain privileged and confidential information. The intended recipient shall not further
distribute the information transmitted in this Email unless authorized by law or the subject of the information transmitted. If
you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information
contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify
the sender immediately and destroy the original communication and its attachments without reading, printing or saving in
any manner.
Exhibit "B"
From: Katherine Ervin
To: "frenyarlieyayi@gmail.com"
Cc: AIM
Subject: RE: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea *79043
Date: Monday, March 14, 2022 1:26:02 PM
Attachments: image001.png
Importance: High
Good Afternoon Mr. Rosario Carrasquillo,
I am following up on scheduling your deposition and updating Ms. Hawkins’ availability. Ms. Hawkins
is available:
April 14 at 10:00 A.M.; April 27 at 10:00 A.M. or 1:30 P.M.; May 4 at 10:00 A.M. or 1:30 P.M.
Please let me know which date works best of if you need different dates.
Thank you,
Katherine Ervin | Legal Assistant
HAMILTON, MILLER & BIRTHISEL, LLP
301 W. Bay Street kervin@hamiltonmillerlaw.com
Suite 14105 O (904) 329-7269 | F (305) 379-3690
Jacksonville, FL 32202 Direct (901) 484-8028
MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK |
JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO
*** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for
the use of the addressee and may contain privileged and confidential information. The intended recipient shall not further
distribute the information transmitted in this Email unless authorized by law or the subject of the information transmitted. If
you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information
contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify
the sender immediately and destroy the original communication and its attachments without reading, printing or saving in
any manner.
From: Katherine Ervin
Sent: Thursday, February 17, 2022 3:09 PM
To: 'frenyarlieyayi@gmail.com'
Cc: AIM
Subject: RE: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea *79043
Good Afternoon Mr. Rosario Carrasquillo,
I am following up on scheduling your deposition. Ms. Hawkins is available:
March 4 at 10:00 A.M.; March 21 at 1:30 P.M.; April 7 at 10:00 A.M.
Please let me know which date works best or if you need different dates or times.
Thank you,
Katherine Ervin | Legal Assistant
HAMILTON, MILLER & BIRTHISEL, LLP
301 W. Bay Street kervin@hamiltonmillerlaw.com
Suite 14105 O (904) 329-7269 | F (305) 379-3690
Jacksonville, FL 32202 Direct (901) 484-8028
MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK |
JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO
*** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for
the use of the addressee and may contain privileged and confidential information. The intended recipient shall not further
distribute the information transmitted in this Email unless authorized by law or the subject of the information transmitted. If
you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information
contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify
the sender immediately and destroy the original communication and its attachments without reading, printing or saving in
any manner.
From: Katherine Ervin
Sent: Wednesday, February 09, 2022 11:33 AM
To: 'frenyarlieyayi@gmail.com'
Cc: AIM
Subject: RE: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea *79043
Good Morning Mr. Rosario Carrasquillo,
I am following up on scheduling your deposition. Ms. Hawkins is available:
February 25 10:00 A.M.; March 4 at 10:00 A.M.; April 7 at 10:00 A.M.
Please let me know which date works best or if you need different dates or times.
Thank you,
Katherine Ervin | Legal Assistant
HAMILTON, MILLER & BIRTHISEL, LLP
301 W. Bay Street kervin@hamiltonmillerlaw.com
Suite 14105 O (904) 329-7269 | F (305) 379-3690
Jacksonville, FL 32202 Direct (901) 484-8028
MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK |
JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO
*** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for
the use of the addressee and may contain privileged and confidential information. The intended recipient shall not further
distribute the information transmitted in this Email unless authorized by law or the subject of the information transmitted. If
you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information
contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify
the sender immediately and destroy the original communication and its attachments without reading, printing or saving in
any manner.
From: Katherine Ervin
Sent: Friday, February 04, 2022 6:44 PM
To: 'frenyarlieyayi@gmail.com'
Cc: AIM
Subject: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea *79043
Good Afternoon Mr. Rosario Carrasquillo,
We would like to schedule your deposition. Ms. Hawkins is available:
February 25 10:00 A.M.; March 25 10:00 A.M.; April 6 10:00 A.M.
Please let me know which date works best or if you need different dates and times.
Thank you,
Katherine Ervin | Legal Assistant
HAMILTON, MILLER & BIRTHISEL, LLP
390 North Orange Avenue kervin@hamiltonmillerlaw.com
Suite 2300 O (407) 900-2180 | F (305) 379-3690
Orlando, Florida 32801 Direct (901) 484-8028
MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK |
JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO
*** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for
the use of the addressee and may contain privileged and confidential information. The intended recipient shall not further
distribute the information transmitted in this Email unless authorized by law or the subject of the information transmitted. If
you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information
contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify
the sender immediately and destroy the original communication and its attachments without reading, printing or saving in
any manner.
Exhibit "C"
From: Laura Kennington
To: "frenyarlieyayi@gmail.com"
Cc: Samantha Loveland; Amanda Adams; Laura Kennington
Subject: CASE NUMBER 492021CA001348XXXXXX CARRASQUILLO, MIGUEL ROSARIO vs. TORRES-ESQUEA, MANUEL
ANTONIO
Date: Friday, August 19, 2022 3:53:40 PM
Attachments: image001.png
Our Request for Admissions to Plaintiff.PDF
Our Request for Production to Plaintiff.PDF
Our Interrogatories to Plaintiff.PDF
Letter to Plaintiff - re overdue discovery and need for deposition dates.pdf
Good afternoon,
Please see attached letter from Samantha Loveland and all documents referenced therein.
Best regards,
Laura Kennington | LEGAL ASSISTANT
HAMILTON, MILLER & BIRTHISEL, LLP
TIAA Bank Building lkennington@hamiltonmillerlaw.com
301 W. Bay Street, P (904)-329-7269 | F (305) 379-3690
Suite 14105 | Website
Jacksonville, FL 32202
MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK |
JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO
*** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for the use of
the addressee and may contain privileged and confidential information. The intended recipient shall not further distribute the
information transmitted in this Email unless authorized by law or the subject of the information transmitted. If you are not the intended
recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this
communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the
original communication and its attachments without reading, printing or saving in any manner.
August 19, 2022
VIA E-MAIL and US MAIL
Mr. Miguel Rosario Carrasquillo
1215 Person St., Apt A
Kissimmee, Florida
Mr. Miguel Rosario Carrasquillo
7324 SW 115th Street
Ocala, FL 34476
RE: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea;
Case No.: 59-06Z4-38N; Claim No.: 2021-CA-1348
Dear Mr. Rosario Carrasquillo:
Please accept this correspondence as a good faith attempt to resolve pending
discovery disputes. You were previously provided, via E-mail and U.S. Mail, with
Interrogatories, Request for Admissions, and Request for Production. We have
attached a copy of those for your review. To date, we have not received the discovery
responses. We have also tried to contact you several times to set your deposition and
again have not received a response.
I would request that you contact me concerning the reason for your delay or
forward your responses to Interrogatories, Request for Admissions and Request for
Production. I also need you to provide dates for your deposition.
August 19, 2022
Page 2
If I do not hear from you or receive the discovery responses within ten (10) days
of the date of this correspondence, I will have no choice but to file Motions to Compel.
I look forward to hearing from you or receiving your responses.
Very truly yours,
Samantha S. Loveland
Samantha S. Loveland
SSL/lgk
Preview
Filing # 178484117 E-Filed 07/28/2023 03:22:19 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2021-CA-1348 MIGUEL ROSARIO CARRASQUILLO, Plaintiff, v. MANUEL ANTONIO TORRES- ESQUEA, Defendant. / DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO PROSECUTE AND/OR FOR SANCTIONS FOR FAILURE TO MAKE DISCOVERY Defendant, MANUEL ANTONIO TORRES-ESQUEA, by and through undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure, including Rules 1.420(e) and 1.380(d), hereby moves to dismiss this cause for Plaintiff’s failure to prosecute, and/or for sanctions for Plaintiff’s failure to make discovery, and in support states the following: 1. On May 11, 2021, Plaintiff instituted this action against Defendant, seeking recovery for a motor vehicle accident on or about May 16, 2020. 2. The last document filed by Plaintiff was a Notice of Service of Proposal for Settlement on or about November 3, 2021. 3. On January 5, 2022, Plaintiff’s counsel filed a Motion to Withdraw as Counsel and this Court granted the Motion on February 7, 2022. 301 WEST BAY STREET, SUITE 14105 · JACKSONVILLE, FLORIDA 32202 TELEPHONE: 904-329-7269 · FACSIMILE: 305-379-3690 CASE NO.: 2021-CA-1348 4. Plaintiff has not retained new counsel or filed a document representing themselves in furtherance of litigation. 5. On February 4, 2022, Defendant sent Plaintiff correspondence, via email and U.S. Mail, containing a good faith letter offering Plaintiff ten (10) days to respond to overdue discovery requests. A copy of said email and letter are attached hereto as composite Exhibit “A.” 6. On February 4, 2022, Defendant sent Plaintiff email correspondence offering dates to coordinate the deposition of Plaintiff. Follow up emails were sent on February 9, 2022, February 17, 2022 and March 14, 2022. A copy of these emails are attached hereto as composite Exhibit “B.” 7. On August 19, 2022, Defendant sent Plaintiff, via email, and via U.S. Mail to the two addresses for Plaintiff contained in the Court’s February 7, 2022, a good faith letter requesting deposition dates and responses to Defendant’s discovery. One of the letters was returned as undeliverable. A copy of the email, letter and return envelope are attached hereto as composite Exhibit “C.” 8. To date, Defendant has not received any correspondence or response from Plaintiff. 9. Furthermore, this case is set to commence jury trial during the three (3) week trial docket beginning on November 27, 2023. Defendant has been severely prejudiced by Plaintiff’s non-cooperation. 10. Therefore, based on the foregoing, Defendant requests the following: 2 301 WEST BAY STREET, SUITE 14105 · JACKSONVILLE, FLORIDA 32202 TELEPHONE: 904-329-7269 · FACSIMILE: 305-379-3690 CASE NO.: 2021-CA-1348 a. Dismissal of this matter for lack of prosecution pursuant to Fla. R. Civ. P. 1.420(e); b. Sanctions pursuant to Fla. R. Civ. P 1.380(d), for Plaintiff’s failure to make discovery, including dismissal of this matter, the striking of Plaintiff’s pleadings and/or rendering a judgment by default against Plaintiff as set forth in 1.380(b)(2)(C). c. Payment of Defendant’s attorney’s fees and costs incurred in prosecuting this Motion pursuant to Fla. R. Civ. P. 1.380(d). WHEREFORE, Defendant, MANUEL ANTONIO TORRES-ESQUEA, hereby moves this Court for an Order dismissing this case for lack of prosecution pursuant to Fla. R. Civ. P. 1.420(e) and/or for sanctions pursuant to Fla. R. Civ. P. 1.380(d) for Plaintiff’s failure to make discovery, including: dismissal, striking of pleadings and/or rendering a judgment by default against Plaintiff, as well as attorney’s fees and costs, and any other and further relief this Court deems just and proper. CERTIFICATE OF GOOD FAITH I HEREBY CERTIFY, as undersigned counsel for Defendant, that I have made reasonable efforts to attempt to confer with Plaintiff, MIGUEL ROSARIO CARRASQUILLO, Pro Se, in a good faith effort to resolve the issues addressed in this Moton without Court intervention, to no avail. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished to via email to all parties registered with the Court’s E-portal and 3 301 WEST BAY STREET, SUITE 14105 · JACKSONVILLE, FLORIDA 32202 TELEPHONE: 904-329-7269 · FACSIMILE: 305-379-3690 CASE NO.: 2021-CA-1348 via email service on Plaintiff, Pro Se, Miguel Rosario Carrasquillo at frenyarlieyayi@gmail.com. /s/ Samantha S. Loveland Samantha S. Loveland, Esq. Florida Bar No.: 92846 sloveland@hamiltonmillerlaw.com Jennifer Miller Brooks, Esq. Florida Bar No. 124656 jmiller@hamiltonmillerlaw.com HAMILTON, MILLER & BIRTHISEL, LLP Attorneys for Defendant 301 West Bay Street, Suite 14105 Jacksonville, Florida 32202 Telephone: 904-329-7269 Facsimile: 305-379-3690 4 301 WEST BAY STREET, SUITE 14105 · JACKSONVILLE, FLORIDA 32202 TELEPHONE: 904-329-7269 · FACSIMILE: 305-379-3690 Exhibit "A" February 4, 2022 VIA E-MAIL and U.S.P.S. Mr. Miguel Rosario Carrasquillo 1215 Person St., Apt A Kissimmee, Florida Mr. Miguel Rosario Carrasquillo 7324 SW 115th Street Ocala, FL 34476 RE: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea Case No.: 59-06Z4-38N Claim No.: 2021-CA-1348 Dear Mr. Rosario Carrasquillo: Please accept this correspondence as my good faith attempt to resolve a pending discovery dispute. On December 10, 2021, I forwarded to you, via your attorney, Motor Vehicle Negligence Interrogatories, Request for Admissions, and Request for Production. To date, I have not received the discovery responses. I would request that you contact me concerning the reason for your delay or forward your responses. If I do not hear from you or receive the discovery responses within ten (10) days of the date of this correspondence, I will have no choice but to file a Motion to Compel. I look forward to hearing from you or receiving your responses. Very truly yours, Nikki Hawkins Nikki Hawkins, Esquire From: Katherine Ervin To: "frenyarlieyayi@gmail.com" Cc: AIM Subject: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea *79043 Date: Friday, February 4, 2022 6:37:54 PM Attachments: Letter to Plaintiff re good faith on discovery.pdf image001.png Good Afternoon Mr. Rosario Carrasquillo, Please see the attached correspondence sent on behalf of Ms. Hawkins. Thank you, Katherine Ervin | Legal Assistant HAMILTON, MILLER & BIRTHISEL, LLP 390 North Orange Avenue kervin@hamiltonmillerlaw.com Suite 2300 O (407) 900-2180 | F (305) 379-3690 Orlando, Florida 32801 Direct (901) 484-8028 MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK | JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO *** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain privileged and confidential information. The intended recipient shall not further distribute the information transmitted in this Email unless authorized by law or the subject of the information transmitted. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. Exhibit "B" From: Katherine Ervin To: "frenyarlieyayi@gmail.com" Cc: AIM Subject: RE: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea *79043 Date: Monday, March 14, 2022 1:26:02 PM Attachments: image001.png Importance: High Good Afternoon Mr. Rosario Carrasquillo, I am following up on scheduling your deposition and updating Ms. Hawkins’ availability. Ms. Hawkins is available: April 14 at 10:00 A.M.; April 27 at 10:00 A.M. or 1:30 P.M.; May 4 at 10:00 A.M. or 1:30 P.M. Please let me know which date works best of if you need different dates. Thank you, Katherine Ervin | Legal Assistant HAMILTON, MILLER & BIRTHISEL, LLP 301 W. Bay Street kervin@hamiltonmillerlaw.com Suite 14105 O (904) 329-7269 | F (305) 379-3690 Jacksonville, FL 32202 Direct (901) 484-8028 MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK | JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO *** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain privileged and confidential information. The intended recipient shall not further distribute the information transmitted in this Email unless authorized by law or the subject of the information transmitted. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. From: Katherine Ervin Sent: Thursday, February 17, 2022 3:09 PM To: 'frenyarlieyayi@gmail.com' Cc: AIM Subject: RE: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea *79043 Good Afternoon Mr. Rosario Carrasquillo, I am following up on scheduling your deposition. Ms. Hawkins is available: March 4 at 10:00 A.M.; March 21 at 1:30 P.M.; April 7 at 10:00 A.M. Please let me know which date works best or if you need different dates or times. Thank you, Katherine Ervin | Legal Assistant HAMILTON, MILLER & BIRTHISEL, LLP 301 W. Bay Street kervin@hamiltonmillerlaw.com Suite 14105 O (904) 329-7269 | F (305) 379-3690 Jacksonville, FL 32202 Direct (901) 484-8028 MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK | JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO *** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain privileged and confidential information. The intended recipient shall not further distribute the information transmitted in this Email unless authorized by law or the subject of the information transmitted. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. From: Katherine Ervin Sent: Wednesday, February 09, 2022 11:33 AM To: 'frenyarlieyayi@gmail.com' Cc: AIM Subject: RE: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea *79043 Good Morning Mr. Rosario Carrasquillo, I am following up on scheduling your deposition. Ms. Hawkins is available: February 25 10:00 A.M.; March 4 at 10:00 A.M.; April 7 at 10:00 A.M. Please let me know which date works best or if you need different dates or times. Thank you, Katherine Ervin | Legal Assistant HAMILTON, MILLER & BIRTHISEL, LLP 301 W. Bay Street kervin@hamiltonmillerlaw.com Suite 14105 O (904) 329-7269 | F (305) 379-3690 Jacksonville, FL 32202 Direct (901) 484-8028 MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK | JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO *** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain privileged and confidential information. The intended recipient shall not further distribute the information transmitted in this Email unless authorized by law or the subject of the information transmitted. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. From: Katherine Ervin Sent: Friday, February 04, 2022 6:44 PM To: 'frenyarlieyayi@gmail.com' Cc: AIM Subject: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea *79043 Good Afternoon Mr. Rosario Carrasquillo, We would like to schedule your deposition. Ms. Hawkins is available: February 25 10:00 A.M.; March 25 10:00 A.M.; April 6 10:00 A.M. Please let me know which date works best or if you need different dates and times. Thank you, Katherine Ervin | Legal Assistant HAMILTON, MILLER & BIRTHISEL, LLP 390 North Orange Avenue kervin@hamiltonmillerlaw.com Suite 2300 O (407) 900-2180 | F (305) 379-3690 Orlando, Florida 32801 Direct (901) 484-8028 MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK | JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO *** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain privileged and confidential information. The intended recipient shall not further distribute the information transmitted in this Email unless authorized by law or the subject of the information transmitted. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. Exhibit "C" From: Laura Kennington To: "frenyarlieyayi@gmail.com" Cc: Samantha Loveland; Amanda Adams; Laura Kennington Subject: CASE NUMBER 492021CA001348XXXXXX CARRASQUILLO, MIGUEL ROSARIO vs. TORRES-ESQUEA, MANUEL ANTONIO Date: Friday, August 19, 2022 3:53:40 PM Attachments: image001.png Our Request for Admissions to Plaintiff.PDF Our Request for Production to Plaintiff.PDF Our Interrogatories to Plaintiff.PDF Letter to Plaintiff - re overdue discovery and need for deposition dates.pdf Good afternoon, Please see attached letter from Samantha Loveland and all documents referenced therein. Best regards, Laura Kennington | LEGAL ASSISTANT HAMILTON, MILLER & BIRTHISEL, LLP TIAA Bank Building lkennington@hamiltonmillerlaw.com 301 W. Bay Street, P (904)-329-7269 | F (305) 379-3690 Suite 14105 | Website Jacksonville, FL 32202 MIAMI | TAMPA | FORT LAUDERDALE | ORLANDO | NORFOLK | JACKSONVILLE | NEW YORK | JAMAICA | U.S.V.I. | BAHAMAS | PUERTO RICO *** CONFIDENTIALITY NOTICE *** This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain privileged and confidential information. The intended recipient shall not further distribute the information transmitted in this Email unless authorized by law or the subject of the information transmitted. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. August 19, 2022 VIA E-MAIL and US MAIL Mr. Miguel Rosario Carrasquillo 1215 Person St., Apt A Kissimmee, Florida Mr. Miguel Rosario Carrasquillo 7324 SW 115th Street Ocala, FL 34476 RE: Miguel Rosario Carrasquillo vs. Manuel Antonio Torres-Esquea; Case No.: 59-06Z4-38N; Claim No.: 2021-CA-1348 Dear Mr. Rosario Carrasquillo: Please accept this correspondence as a good faith attempt to resolve pending discovery disputes. You were previously provided, via E-mail and U.S. Mail, with Interrogatories, Request for Admissions, and Request for Production. We have attached a copy of those for your review. To date, we have not received the discovery responses. We have also tried to contact you several times to set your deposition and again have not received a response. I would request that you contact me concerning the reason for your delay or forward your responses to Interrogatories, Request for Admissions and Request for Production. I also need you to provide dates for your deposition. August 19, 2022 Page 2 If I do not hear from you or receive the discovery responses within ten (10) days of the date of this correspondence, I will have no choice but to file Motions to Compel. I look forward to hearing from you or receiving your responses. Very truly yours, Samantha S. Loveland Samantha S. Loveland SSL/lgk