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Filing # 196888823 E-Filed 04/24/2024 01:05:11 PM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 23-CA-001791
AURIANA LAUTURE,
Plaintiff,
vs.
EDISON INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS
OF DEFENDANT’S CORPORATE REPRESENTATIVE, FIELD ADJUSTER AND DESK
ADJUSTER, MOTION FOR SANCTIONS, AS WELL AS MOTION FOR
CONTINUANCE OF TRIAL
COMES NOW Plaintiff, AURIANA LAUTURE (hereinafter “Plaintiff’), by and through
undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.310, hereby files this
Motion to Compel Depositions of Defendant, EDISON INSURANCE COMPANY’s corporate
representative, desk adjuster, field adjuster, Motion for Sanctions, and Motion for Continuance of
trial, and, in support thereof, states as follows:
1. This matter arises out of a homeowner’s insurance claim dispute brought by Plaintiff
against Defendant, which was filed on or about May 8, 2023, arising out of loss from September,
2022.
2. Plaintiff desires to take the depositions of the Defendant’s corporate representative to
discover facts underlying the issues in this matter, as well as of the desk and field adjusters.
3. On or about May 30, 2023, pursuant to Florida Rule of Civil Procedure 1.310, Plaintiff’s
counsel corresponded with counsel for Defendant requesting dates for the Defendant’s corporate
representative, desk adjuster, as well as field adjuster.
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
4. On or about June 28, 2023, undersigned counsel’s office corresponded with counsel for
Defendant seeking dates in which to proceed with the aforementioned depositions for a second
time and bringing up the fact that the initial request from counsel had been made 4 weeks prior.
5. On or about July 11, 2023, Defendant’s Counsel filed a motion to dismiss the Complaint
asserting that an indispensable party should be included within same.
6. On or about August 3, 2023, undersigned counsel’s office corresponded with counsel for
Defendant seeking dates in which to proceed with the aforementioned depositions for a third time.
7. That same day, Defendant’s counsel replied that no depositions would be coordinated
until a ruling was made on the motion to dismiss filed three (3) weeks prior, and despite THREE
previous attempts to schedule depositions by Plaintiff in the preceding TEN weeks.
8. On or about August 7, 2023, undersigned counsel’s office inquired whether the motion
to dismiss had been abandoned, since it had been filed FOUR weeks prior, and no effort had been
made to schedule same.
9. On or about October 11, 2023, Counsel for Defendant finally noticed their motion to
dismiss filed NINETY days prior, to be heard before this Honorable Court on October 19, 2023.
10. On or about October 19, 2023, this Honorable Court DENIED the motion to dismiss
and Defendant was given TEN days to file a response to the Complaint, or by October 29, 2023.
11. On or about October 31, 2023, this Honorable Court entered an Order Setting Jury Trial
and Pretrial Conference, with a status hearing to occur on January 11, 2024.
12. On or about December 14, 2023, Defendant filed its Answer and Affirmative Defenses,
SIX weeks beyond the deadline within the order denying the motion to dismiss.
13. On or about January 9, 2024, undersigned counsel’s office corresponded with counsel
for Defendant seeking dates in which to proceed with the aforementioned depositions for a
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
FOURTH time, while referencing each of the previous 3 requests and furthermore, affirming that
the previous position to not cooperate with same had been moot as a result of the motion to dismiss
having been denied.
14. On or about January 24, 2024, undersigned counsel’s office corresponded with counsel
for Defendant seeking dates in which to proceed with the aforementioned depositions for a FIFTH
time.
15. On or about February 1, 2024, this Honorable Court received a joint/agreed Case
Management Plan.
16. On or about February 12, 2024, undersigned counsel’s office corresponded with
counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for
a SIXTH time.
17. On or about February 27, 2024, undersigned counsel’s office corresponded with
counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for
a SEVENTH time.
18. On or about March 6, 2024, undersigned counsel’s office corresponded with counsel
for Defendant seeking dates in which to proceed with the aforementioned depositions for a
EIGHTH time.
19. On or about March 15, 2024, undersigned counsel’s office corresponded with counsel
for Defendant seeking dates in which to proceed with the aforementioned depositions fora NINTH
time.
20. On or about April 5, 2024, undersigned counsel’s office corresponded with counsel for
Defendant seeking dates in which to proceed with the aforementioned depositions for a TENTH
time.
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
21. On or about April 8, 2024, undersigned counsel’s office corresponded with counsel for
Defendant seeking dates in which to proceed with the aforementioned depositions for a
ELEVENTH time.
22. On or about April 16, 2024, undersigned counsel’s office corresponded with counsel
for Defendant seeking dates in which to proceed with the aforementioned depositions for a
TWELFTH time. Copies of the correspondences sent to counsel for Defendant over the course
of the last FORTY-EIGHT (48) weeks attempting to schedule the depositions on the instant matter
have been attached to this motion as Exhibit 1.
23. Despite the documented requests in writing seeking dates for depositions on this matter
with counsel for Defendant for the past several months, not a single deposition date has ever been
provided.
I. Motion for Sanctions and Memorandum of Law
Plaintiff is in need of these depositions from the Defendant in order to properly commence
the depositions phase of discovery, develop litigation strategies, and attempt to get repairs
undertaken at Plaintiffs’ property at the soonest possible instance should benefits under the subject
policy of insurance be made available. However, Plaintiff has been severely prejudiced by counsel
for Defendant’s complete lack of professional cooperation, thus causing unnecessary delays in
attempting to litigate this matter. It is well-established that a trial court has broad discretion to
impose sanctions on litigants for their conduct before the court. See Moakley v. Smallwood, 826
So.2d 221, 225 (Fla. 2002)(holding that a trial court possesses the inherent authority to impose
attorneys' fees against an attorney for bad faith conduct); see also Morgan v. Campbell, 816 So.2d
251 (Fla. 2d DCA 2002); see also Riley v. Associates Home Equity Services, Inc., 850 So.2d 661,
663 (Fla. 1st DCA 2003); see also Deutsche Bank Nat'l Tr. Co. v. LGC, 107 So.3d 486 (Fla. 2d
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
DCA 2013).
Where one party has exhibited egregious conduct by acting in bad faith, wantonly, or for
oppressive reasons, courts find that an award of attorney’s fees is warranted. See Vaughan v.
Atkinson, 369 U.S. 527, 530-531, 8 L. Ed. 2d 88, 82 S. Ct. 997 (1962). The doctrine of inequitable
conduct is reserved for those cases where a party acts "in bad faith, vexatiously, wantonly, or for
oppressive reasons." Foster v. Tourtellotte, 704 F.2d 1109, 1111 (9th Cir. 1983) (quoting F.D. Rich
Co. v. United States ex rel. Industrial Lumber Co., 417 U.S. 116, 129, 40 L. Ed. 2d 703, 94 S. Ct.
2157 (1974)). "Bad faith may be found not only in the actions that led to the lawsuit, but also in
the conduct of the litigation." Dogherra v. Safeway Stores, Inc., 679 F.2d 1293, 1298 (9th Cir.
1982) (quoting Hall v. Cole, 412 U.S. 1, 15,36 L. Ed. 2d 702, 93 S. Ct. 1943 (1973). Other courts
in this state have recognized that attorney's fees can be awarded in situations where one party has
acted vexatiously or in bad faith. See Florida Patient's Compensation Fund v. Rowe, 472 So. 2d
1145, 1148 (Fla. 1985)("This state has recognized a limited exception to this general American
Rule in situations involving inequitable conduct."); Hilton Oil Transport v. Oil Transport Co., 659
So. 2d 1141, 1153 (Fla. 3d DCA 1995); In re Estate of DuVal, 174 So. 2d 580, 587 (Fla. 2d DCA
1965).
Under the instant circumstances, counsel for Defendant’s behavior has prejudiced Plaintiff
in terms of the substantial delay in not being able to litigate this matter without their office’s
cooperation, coupled with an unnecessary and substantial increase in attorney’s fees and costs.
Plaintiff asserts that counsel for Defendant has acted in bad faith by not providing undersigned
counsel’s office the requested depositions through the date of the filing of this motion for over
FORTY-EIGHT (48). Rather, counsel for Defendant’s lack of response has resulted in vexatious
litigation whereupon undersigned counsel has repeatedly sought professional cooperation and
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
assistance in obtaining these individuals’ depositions without any dates being offered.
Moreover, the Standards of Professional Courtesy and Civility adopted by the Twentienth
Judicial Circuit set forth the guidelines for civility amongst lawyers, who are expected to exhibit
professional conduct at all times. These standards are earmarked to reduce and/or eliminate the
type of behavior Counsel for Defendant has continuously and consistently displayed throughout
the entirety of litigation for the instant matter. In pertinent part:
Vv. Efficient Administration
1 Attorneys should refrain from actions... which cause unnecessary expense
or delay.
2 Attorneys should, whenever possible, prior to filing or upon receiving a
motion, contact opposing counsel to determine if the matter can be resolved in whole or in
part. This may alleviate the need for filing the motion or allow submission of an agreed
order in lieu ofa hearing.
As evidenced within the case law, arguments, and exhibit set forth above, there is no dispute
that counsel for Defendant’s lack of professionalism by neglecting to provide the requested
depositions on various occasions not only violates the Standards of Professional Courtesy and
Civility, but also warrants sanctions to be determined by this Honorable Court to include
compensation of Plaintiff’s attorneys fees and costs associated with the various requests for
depositions as outlined within Exhibit 1, as well as having to file this motion and proceed with a
hearing. Counsel for Defendant has systematically engaged in a pattern of vexatious litigation by
attempting to circumvent one of the most basic, elemental components of any lawsuit and not
providing their client’s representatives for depositions in nearly THREE HUNDRED THIRTY-
FOUR DAYS (330) and counting. It is anticipated that counsel for Defendant will now
conveniently begin “cooperating” with deposition dates; however, this Honorable Court must
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
instead also review the assertions within the instant motion, including exhibits, to determine that
the bad faith litigation practice exhibited by Defendant’s counsel clearly warrants sanctions under
the circumstances, so as to serve as a derrent for future misconduct.
At this junction, Plaintiff cannot possibly prepare for trial in a timely, reasonable manner.
Plaintiff has been unduly prejudiced and burdened as a direct result of Defendant’s Counsel’s
vexatious, bad faith litigation which has resulted in the inability to comply with any deadlines that
would allow this case to proceed with trial in the next upcoming months. Accordingly, Plaintiff
moves this Honorable Court for a Continuance to remove the case off the current trial calendar
period commencing on January 11, 2024.
Ii. Conclusion
Plaintiff’s counsel has made TWELVE repeated, documented requests to counsel for
Defendant in order to provide dates for the depositions of Defendant’s corporate representative as
well as for both field and desk adjusters since May 30, 2023. As of today’s date, no response has
been forthcoming without any justifiable explanation or reason, which has greatly prejudiced
Plaintiff. In the alternative that deposition dates are provided prior to the hearing on the instant
motion, it does not ‘remedy’ nor exculpate the deliberate, calculated actions undertaken by
Defendant’s counsel with wilful disregard in order to delay the proceedings.
WHEREFORE, Plaintiff AURIANA LAUTURE, respectfully requests that this Honorable
Court enter an order: i) compelling Defendant to provide dates for the deposition of its corporate
representative to take place within thirty (30) days from the date of the order, as well produce for
deposition its desk and field adjusters; ii) enter an award of sanctions against Defendant and/or
their counsel for the legal fees and costs incurred by undersigned counsel in having to proceed
with a hearing on the instant motion; iii) remove the instant case from the current trial docket; iv)
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
strike Defendant’s pleadings in their entirety; and v) award any other relief deemed just and
appropriate under the circumstances.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
Email, pursuant to Rule 2.516(b)(1) to: Sandra Rodriguez, Esq., Quintairos Prieto, via
transmission of Notice of Electronic Filing generated by and/or was sent by
eservice@myflcourtaccess.com electronic mail to the above addressees on this 24" day of April,
2024.
ALLIANCE LAW FIRM
Attorneys for Plaintiff
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 898-0351
Facsimile: (561) 335-1245
oberges@alliancelawfirm.org
eservice@alliancelawfirm.org
By:__// Ce Caerget
Otto E. Bergés, Esq.
Florida Bar No.: 193380
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
EXHIBIT 1
From: "Otto E. Bergés, Esq."
Subject: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
Date: May 30, 2023 at 11:23:05 AM EDT
To: jbosch.pleadings@qpwblaw.com, srodriguez.pleadings@qpwblaw.com,
marilyn.ramos@gqpwblaw.com, BENDEL
Ce: LULU , courtney , Jackie Silva
Good morning, Sandra + Jose.
It is always a pleasure to litigate with your firm.
Let this serve as our opportunity to settle this matter in full as I have been given authority to accept $XXX
new money and the documentation attached below serves as the basis. Should litigation ensue, the
demand will increase as fees and costs accrue.
Otherwise, this communication represents our first request request to depose your client’s corporate
representative pursuant to the attached schedule below, as well as dates to proceed with the depositions of
the desk and field adjusters. Going forward, Joseph Bendel at our office will be assisting us with this
claim.
Thank you in advance for your anticipated professional cooperation and we look forward to working with
you on this matter.
Sincerely,
Otto E. Bergés, Esquire
Alliance Law Firm
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 898-0351
www.AllianceLawFirm.org
AV-Rated | Admitted to practice law in Florida,
Michigan, New York, and Washington, D.C.
From: Lulu Valerio
Date: Wed, Jun 28, 2023 at 1:00 PM
Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
To: , ,
Ce: Otto E. Bergés, Esq. , BENDEL ,
courtney , Jackie Silva
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
Good afternoon.
This communication serves as a follow up to the previous email below sent to your office this past May
30th. At your soonest opportunity, we would like to obtain dates in which to proceed with the various
depositions of the Defendant’s representatives.
We look forward to hearing back from you soon and thanks.
Sincerely,
Lulu Valerio
Legal Assistant
Alliance Law Firm
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 898-0351
www. AlliancelLawFirm.org
From: Lulu Valerio
Date: Thu, Aug 3, 2023 at 8:56 AM
Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
To: , ,
Ce: Otto E. Bergés, Esq. , BENDEL ,
courtney , Jackie Silva
Good morning.
This communication serves as our third request in which to proceed with the various depositions of the
Defendant’s representatives attached below for your reference. At this time, our client does not waive
their right to depose the DA; however, please forward us dates/times in which to proceed with the CR
deposition. As to the FA, kindly advise whether your client will voluntarily produce them and if not, then
provide us with their name and last known address. Upon getting these 2 depositions scheduled with your
office, we will gladly coordinate the depositions of our client to occur within the 2 week period of the
CR’s deposition.
Thanks in advance for your anticipated professional cooperation.
Sincerely,
Lulu Valerio
Legal Assistant
Alliance Law Firm
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
Telephone: (561) 898-0351
www. AllianceLawFirm.org
From: Sandra Rodriguez
Date: Thu, Aug 3, 2023 at 1:21 PM
Subject: RE: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
To: Lulu Valerio , Marilyn Ramos
Ce: Otto E. Bergés, Esq. , BENDEL ,
courtney , Jackie Silva , Daniel F. Tamaroff
Good afternoon,
We need to set our Motion to Dismiss for hearing before we can schedule the deposition of the Corporate
Rep. I have ce’d Marilyn to assist in scheduling the hearing.
Thank you.
Sandra Rodriguez
Attorney at Law
Quintairos, Prieto, Wood & Boyer, P.A.
9300 South Dadeland Blvd., 4th Floor
Miami, FL 33156
Ph: (305) 670-1101 x3442
From: Joseph Bendel
Sent: Wednesday, August 9, 2023 4:29 PM
To: Sandra Rodriguez
Ce: Lulu Valerio ; Marilyn Ramos ;
courtney ; Jackie Silva ; Daniel F. Tamaroff
Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
Good afternoon, Sandra,
Do you plan on getting this hearing set or should we consider this motion abandoned?
Thank you and be well.
Joseph
Joseph Bendel, Esq.
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 898-0351
Cell: (305) 720-5368
Facsimile: (561) 335-1245
www. AllianceLawFirm.org
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
From: Joseph Bendel
Date: Tue, Jan 9, 2024 at 3:36 PM
Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
To: Sandra Rodriguez , Daniel F. Tamaroff
Ce: Marilyn Ramos , Traci Kenyon ,
Tatiana Guido , Lulu Valerio , Christian
Boniola , Melanie Robinson
Good afternoon, Sandra and Daniel.
Our office has made requests for the depositions of Edison's corporate representative field adjuster on:
May 30, 2023;
June 28, 2023;
August 3, 2023.
Your office's response to our requests was that your Motion to Dismiss needs to be heard first.
Now that the hearing is behind us, can I kindly request dates to depose Edison's corporate representative
and field adjuster?
Thank you and be well.
Joseph
Joseph Bendel, Esq.
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 898-0351
Cell: (305) 720-5368
Facsimile: (561) 335-1245
www.AllianceLawFirm.org
On Wed, Jan 24, 2024 at 3:01 PM Christian Boniola wrote:
Good afternoon, Sandra.
Tam happy to assist in scheduling our depositions. Our office is no longer available on your proposed date
for the CR, kindly advise on any of the following dates:
5/9-10AM/2PM
5/15-2PM
5/16-2PM
I look forward to hearing from you.
Thanks,
Christian Mae Boniola
Scheduling Department
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
Telephone: (561) 565-6310
www. AllianceLawFirm.org
From: Christian Boniola
Date: Mon, Feb 12, 2024 at 5:00 PM
Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
To: Sandra Rodriguez
Ce: Daniel F. Tamaroff , Marilyn Ramos
, Tatiana Guido , Marty James Seno
Good afternoon, Sandra.
Tam following up for CR's and FA's availability.
Please advise.
Thanks,
Christian Mae Boniola
Scheduling Department
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 565-6310
www.AllianceLawFirm.org
From: Christian Boniola
Date: Tue, Feb 27, 2024 at 1:40 PM
Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
To: Sandra Rodriguez
Ce: Daniel F. Tamaroff , Marilyn Ramos
, Tatiana Guido , Marty James Seno
, Magda Vicente
Good afternoon, Sandra.
Iam kindly following up on the CR's and FA's availability.
Please advise.
Thanks,
Christian Mae Boniola
Scheduling Department
1665 Palm Beach Lakes Blvd., Suite 1001
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
West Palm Beach, FL 33401
Telephone: (561) 565-6310
www.AllianceLawFirm.org
From: Christian Boniola
Date: Wed, Mar 6, 2024 at 9:52 AM
Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
To: Magda Vicente
Ce: Sandra Rodriguez , Daniel F. Tamaroff
, Tatiana Guido , Marty James Seno
Good morning, Magda.
Our office is unfortunately no longer available on the 6/4 at 1OAM. We are currently scheduling in July.
Please advise on any of the following dates below:
7/16-2PM
7/24-10AM.
7/31-10AM/2PM
Thanks,
Christian Mae Boniola
Scheduling Department
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 565-6310
www. AllianceLawFirm.org
From: Christian Boniola
Date: Fri, Mar 15, 2024 at 10:47 AM
Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
To: Magda Vicente
Ce: Sandra Rodriguez , Daniel F. Tamaroff
, Tatiana Guido , Marty James Seno
Good morning.
lam kindly following up on my email below.
Please advise.
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
Thanks,
Christian Mae Boniola
Scheduling Department
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 565-6310
www. AllianceLawFirm.org
From: Christian Boniola
Date: Fri, Apr 5, 2024 at 4:43 PM
Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
To: Magda Vicente
Ce: Sandra Rodriguez , Daniel F. Tamaroff
, Tatiana Guido , Marty James Seno
, Otto E. Bergés, Esq.
Good afternoon, Magda.
At your soonest opportunity, we would like to obtain 2/3 dates in which FA and CR are available to be
deposed and please advise if your office will be producing the FA. If not, kindly forward their full name
and last known address.
I look forward to your prompt response.
Thanks,
Christian Mae Boniola
Scheduling Department
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 565-6310
www.AllianceLawFirm.org
From: Christian Boniola
Date: Mon, Apr 8, 2024 at 2:24 PM
Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791
To: Sandra Rodriguez , Magda Vicente
Ce: Daniel F. Tamaroff , Tatiana Guido
Good afternoon, Ms. Rodriquez.
lam happy to assist in scheduling our depositions.Upon receiving dates for the FA and CR, our office will
happily return the gesture to have the deposition of the insured prior to your CR within a two week
timeframe. We are currently scheduling for September.
Please advise.
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
Thanks,
Christian Mae Boniola
Scheduling Department
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 565-6310
www. AllianceLawFirm.org
From: Christian Boniola
Date: Tue, Apr 16, 2024 at 9:27 AM
Subject: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791-Depositions
To: Magda Vicente
Ce: Sandra Rodriguez , Tatiana Guido ,
Daniel F. Tamaroff
Good morning, Magda.
Please advise on the alternate dates for both CR and FA.
5/21-10AM/2PM.
5/22-2PM
Thanks,
Christian Mae Boniola
Scheduling Department
1665 Palm Beach Lakes Blvd., Suite 1001
West Palm Beach, FL 33401
Telephone: (561) 565-6310
www.AllianceLawFirm.org
FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32
Preview
Filing # 196888823 E-Filed 04/24/2024 01:05:11 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23-CA-001791 AURIANA LAUTURE, Plaintiff, vs. EDISON INSURANCE COMPANY, Defendant. / PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS OF DEFENDANT’S CORPORATE REPRESENTATIVE, FIELD ADJUSTER AND DESK ADJUSTER, MOTION FOR SANCTIONS, AS WELL AS MOTION FOR CONTINUANCE OF TRIAL COMES NOW Plaintiff, AURIANA LAUTURE (hereinafter “Plaintiff’), by and through undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.310, hereby files this Motion to Compel Depositions of Defendant, EDISON INSURANCE COMPANY’s corporate representative, desk adjuster, field adjuster, Motion for Sanctions, and Motion for Continuance of trial, and, in support thereof, states as follows: 1. This matter arises out of a homeowner’s insurance claim dispute brought by Plaintiff against Defendant, which was filed on or about May 8, 2023, arising out of loss from September, 2022. 2. Plaintiff desires to take the depositions of the Defendant’s corporate representative to discover facts underlying the issues in this matter, as well as of the desk and field adjusters. 3. On or about May 30, 2023, pursuant to Florida Rule of Civil Procedure 1.310, Plaintiff’s counsel corresponded with counsel for Defendant requesting dates for the Defendant’s corporate representative, desk adjuster, as well as field adjuster. FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 4. On or about June 28, 2023, undersigned counsel’s office corresponded with counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for a second time and bringing up the fact that the initial request from counsel had been made 4 weeks prior. 5. On or about July 11, 2023, Defendant’s Counsel filed a motion to dismiss the Complaint asserting that an indispensable party should be included within same. 6. On or about August 3, 2023, undersigned counsel’s office corresponded with counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for a third time. 7. That same day, Defendant’s counsel replied that no depositions would be coordinated until a ruling was made on the motion to dismiss filed three (3) weeks prior, and despite THREE previous attempts to schedule depositions by Plaintiff in the preceding TEN weeks. 8. On or about August 7, 2023, undersigned counsel’s office inquired whether the motion to dismiss had been abandoned, since it had been filed FOUR weeks prior, and no effort had been made to schedule same. 9. On or about October 11, 2023, Counsel for Defendant finally noticed their motion to dismiss filed NINETY days prior, to be heard before this Honorable Court on October 19, 2023. 10. On or about October 19, 2023, this Honorable Court DENIED the motion to dismiss and Defendant was given TEN days to file a response to the Complaint, or by October 29, 2023. 11. On or about October 31, 2023, this Honorable Court entered an Order Setting Jury Trial and Pretrial Conference, with a status hearing to occur on January 11, 2024. 12. On or about December 14, 2023, Defendant filed its Answer and Affirmative Defenses, SIX weeks beyond the deadline within the order denying the motion to dismiss. 13. On or about January 9, 2024, undersigned counsel’s office corresponded with counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for a FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 FOURTH time, while referencing each of the previous 3 requests and furthermore, affirming that the previous position to not cooperate with same had been moot as a result of the motion to dismiss having been denied. 14. On or about January 24, 2024, undersigned counsel’s office corresponded with counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for a FIFTH time. 15. On or about February 1, 2024, this Honorable Court received a joint/agreed Case Management Plan. 16. On or about February 12, 2024, undersigned counsel’s office corresponded with counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for a SIXTH time. 17. On or about February 27, 2024, undersigned counsel’s office corresponded with counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for a SEVENTH time. 18. On or about March 6, 2024, undersigned counsel’s office corresponded with counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for a EIGHTH time. 19. On or about March 15, 2024, undersigned counsel’s office corresponded with counsel for Defendant seeking dates in which to proceed with the aforementioned depositions fora NINTH time. 20. On or about April 5, 2024, undersigned counsel’s office corresponded with counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for a TENTH time. FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 21. On or about April 8, 2024, undersigned counsel’s office corresponded with counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for a ELEVENTH time. 22. On or about April 16, 2024, undersigned counsel’s office corresponded with counsel for Defendant seeking dates in which to proceed with the aforementioned depositions for a TWELFTH time. Copies of the correspondences sent to counsel for Defendant over the course of the last FORTY-EIGHT (48) weeks attempting to schedule the depositions on the instant matter have been attached to this motion as Exhibit 1. 23. Despite the documented requests in writing seeking dates for depositions on this matter with counsel for Defendant for the past several months, not a single deposition date has ever been provided. I. Motion for Sanctions and Memorandum of Law Plaintiff is in need of these depositions from the Defendant in order to properly commence the depositions phase of discovery, develop litigation strategies, and attempt to get repairs undertaken at Plaintiffs’ property at the soonest possible instance should benefits under the subject policy of insurance be made available. However, Plaintiff has been severely prejudiced by counsel for Defendant’s complete lack of professional cooperation, thus causing unnecessary delays in attempting to litigate this matter. It is well-established that a trial court has broad discretion to impose sanctions on litigants for their conduct before the court. See Moakley v. Smallwood, 826 So.2d 221, 225 (Fla. 2002)(holding that a trial court possesses the inherent authority to impose attorneys' fees against an attorney for bad faith conduct); see also Morgan v. Campbell, 816 So.2d 251 (Fla. 2d DCA 2002); see also Riley v. Associates Home Equity Services, Inc., 850 So.2d 661, 663 (Fla. 1st DCA 2003); see also Deutsche Bank Nat'l Tr. Co. v. LGC, 107 So.3d 486 (Fla. 2d FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 DCA 2013). Where one party has exhibited egregious conduct by acting in bad faith, wantonly, or for oppressive reasons, courts find that an award of attorney’s fees is warranted. See Vaughan v. Atkinson, 369 U.S. 527, 530-531, 8 L. Ed. 2d 88, 82 S. Ct. 997 (1962). The doctrine of inequitable conduct is reserved for those cases where a party acts "in bad faith, vexatiously, wantonly, or for oppressive reasons." Foster v. Tourtellotte, 704 F.2d 1109, 1111 (9th Cir. 1983) (quoting F.D. Rich Co. v. United States ex rel. Industrial Lumber Co., 417 U.S. 116, 129, 40 L. Ed. 2d 703, 94 S. Ct. 2157 (1974)). "Bad faith may be found not only in the actions that led to the lawsuit, but also in the conduct of the litigation." Dogherra v. Safeway Stores, Inc., 679 F.2d 1293, 1298 (9th Cir. 1982) (quoting Hall v. Cole, 412 U.S. 1, 15,36 L. Ed. 2d 702, 93 S. Ct. 1943 (1973). Other courts in this state have recognized that attorney's fees can be awarded in situations where one party has acted vexatiously or in bad faith. See Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145, 1148 (Fla. 1985)("This state has recognized a limited exception to this general American Rule in situations involving inequitable conduct."); Hilton Oil Transport v. Oil Transport Co., 659 So. 2d 1141, 1153 (Fla. 3d DCA 1995); In re Estate of DuVal, 174 So. 2d 580, 587 (Fla. 2d DCA 1965). Under the instant circumstances, counsel for Defendant’s behavior has prejudiced Plaintiff in terms of the substantial delay in not being able to litigate this matter without their office’s cooperation, coupled with an unnecessary and substantial increase in attorney’s fees and costs. Plaintiff asserts that counsel for Defendant has acted in bad faith by not providing undersigned counsel’s office the requested depositions through the date of the filing of this motion for over FORTY-EIGHT (48). Rather, counsel for Defendant’s lack of response has resulted in vexatious litigation whereupon undersigned counsel has repeatedly sought professional cooperation and FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 assistance in obtaining these individuals’ depositions without any dates being offered. Moreover, the Standards of Professional Courtesy and Civility adopted by the Twentienth Judicial Circuit set forth the guidelines for civility amongst lawyers, who are expected to exhibit professional conduct at all times. These standards are earmarked to reduce and/or eliminate the type of behavior Counsel for Defendant has continuously and consistently displayed throughout the entirety of litigation for the instant matter. In pertinent part: Vv. Efficient Administration 1 Attorneys should refrain from actions... which cause unnecessary expense or delay. 2 Attorneys should, whenever possible, prior to filing or upon receiving a motion, contact opposing counsel to determine if the matter can be resolved in whole or in part. This may alleviate the need for filing the motion or allow submission of an agreed order in lieu ofa hearing. As evidenced within the case law, arguments, and exhibit set forth above, there is no dispute that counsel for Defendant’s lack of professionalism by neglecting to provide the requested depositions on various occasions not only violates the Standards of Professional Courtesy and Civility, but also warrants sanctions to be determined by this Honorable Court to include compensation of Plaintiff’s attorneys fees and costs associated with the various requests for depositions as outlined within Exhibit 1, as well as having to file this motion and proceed with a hearing. Counsel for Defendant has systematically engaged in a pattern of vexatious litigation by attempting to circumvent one of the most basic, elemental components of any lawsuit and not providing their client’s representatives for depositions in nearly THREE HUNDRED THIRTY- FOUR DAYS (330) and counting. It is anticipated that counsel for Defendant will now conveniently begin “cooperating” with deposition dates; however, this Honorable Court must FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 instead also review the assertions within the instant motion, including exhibits, to determine that the bad faith litigation practice exhibited by Defendant’s counsel clearly warrants sanctions under the circumstances, so as to serve as a derrent for future misconduct. At this junction, Plaintiff cannot possibly prepare for trial in a timely, reasonable manner. Plaintiff has been unduly prejudiced and burdened as a direct result of Defendant’s Counsel’s vexatious, bad faith litigation which has resulted in the inability to comply with any deadlines that would allow this case to proceed with trial in the next upcoming months. Accordingly, Plaintiff moves this Honorable Court for a Continuance to remove the case off the current trial calendar period commencing on January 11, 2024. Ii. Conclusion Plaintiff’s counsel has made TWELVE repeated, documented requests to counsel for Defendant in order to provide dates for the depositions of Defendant’s corporate representative as well as for both field and desk adjusters since May 30, 2023. As of today’s date, no response has been forthcoming without any justifiable explanation or reason, which has greatly prejudiced Plaintiff. In the alternative that deposition dates are provided prior to the hearing on the instant motion, it does not ‘remedy’ nor exculpate the deliberate, calculated actions undertaken by Defendant’s counsel with wilful disregard in order to delay the proceedings. WHEREFORE, Plaintiff AURIANA LAUTURE, respectfully requests that this Honorable Court enter an order: i) compelling Defendant to provide dates for the deposition of its corporate representative to take place within thirty (30) days from the date of the order, as well produce for deposition its desk and field adjusters; ii) enter an award of sanctions against Defendant and/or their counsel for the legal fees and costs incurred by undersigned counsel in having to proceed with a hearing on the instant motion; iii) remove the instant case from the current trial docket; iv) FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 strike Defendant’s pleadings in their entirety; and v) award any other relief deemed just and appropriate under the circumstances. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via Email, pursuant to Rule 2.516(b)(1) to: Sandra Rodriguez, Esq., Quintairos Prieto, via transmission of Notice of Electronic Filing generated by and/or was sent by eservice@myflcourtaccess.com electronic mail to the above addressees on this 24" day of April, 2024. ALLIANCE LAW FIRM Attorneys for Plaintiff 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 898-0351 Facsimile: (561) 335-1245 oberges@alliancelawfirm.org eservice@alliancelawfirm.org By:__// Ce Caerget Otto E. Bergés, Esq. Florida Bar No.: 193380 FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 EXHIBIT 1 From: "Otto E. Bergés, Esq." Subject: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 Date: May 30, 2023 at 11:23:05 AM EDT To: jbosch.pleadings@qpwblaw.com, srodriguez.pleadings@qpwblaw.com, marilyn.ramos@gqpwblaw.com, BENDEL Ce: LULU , courtney , Jackie Silva Good morning, Sandra + Jose. It is always a pleasure to litigate with your firm. Let this serve as our opportunity to settle this matter in full as I have been given authority to accept $XXX new money and the documentation attached below serves as the basis. Should litigation ensue, the demand will increase as fees and costs accrue. Otherwise, this communication represents our first request request to depose your client’s corporate representative pursuant to the attached schedule below, as well as dates to proceed with the depositions of the desk and field adjusters. Going forward, Joseph Bendel at our office will be assisting us with this claim. Thank you in advance for your anticipated professional cooperation and we look forward to working with you on this matter. Sincerely, Otto E. Bergés, Esquire Alliance Law Firm 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 898-0351 www.AllianceLawFirm.org AV-Rated | Admitted to practice law in Florida, Michigan, New York, and Washington, D.C. From: Lulu Valerio Date: Wed, Jun 28, 2023 at 1:00 PM Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 To: , , Ce: Otto E. Bergés, Esq. , BENDEL , courtney , Jackie Silva FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 Good afternoon. This communication serves as a follow up to the previous email below sent to your office this past May 30th. At your soonest opportunity, we would like to obtain dates in which to proceed with the various depositions of the Defendant’s representatives. We look forward to hearing back from you soon and thanks. Sincerely, Lulu Valerio Legal Assistant Alliance Law Firm 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 898-0351 www. AlliancelLawFirm.org From: Lulu Valerio Date: Thu, Aug 3, 2023 at 8:56 AM Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 To: , , Ce: Otto E. Bergés, Esq. , BENDEL , courtney , Jackie Silva Good morning. This communication serves as our third request in which to proceed with the various depositions of the Defendant’s representatives attached below for your reference. At this time, our client does not waive their right to depose the DA; however, please forward us dates/times in which to proceed with the CR deposition. As to the FA, kindly advise whether your client will voluntarily produce them and if not, then provide us with their name and last known address. Upon getting these 2 depositions scheduled with your office, we will gladly coordinate the depositions of our client to occur within the 2 week period of the CR’s deposition. Thanks in advance for your anticipated professional cooperation. Sincerely, Lulu Valerio Legal Assistant Alliance Law Firm 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 Telephone: (561) 898-0351 www. AllianceLawFirm.org From: Sandra Rodriguez Date: Thu, Aug 3, 2023 at 1:21 PM Subject: RE: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 To: Lulu Valerio , Marilyn Ramos Ce: Otto E. Bergés, Esq. , BENDEL , courtney , Jackie Silva , Daniel F. Tamaroff Good afternoon, We need to set our Motion to Dismiss for hearing before we can schedule the deposition of the Corporate Rep. I have ce’d Marilyn to assist in scheduling the hearing. Thank you. Sandra Rodriguez Attorney at Law Quintairos, Prieto, Wood & Boyer, P.A. 9300 South Dadeland Blvd., 4th Floor Miami, FL 33156 Ph: (305) 670-1101 x3442 From: Joseph Bendel Sent: Wednesday, August 9, 2023 4:29 PM To: Sandra Rodriguez Ce: Lulu Valerio ; Marilyn Ramos ; courtney ; Jackie Silva ; Daniel F. Tamaroff Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 Good afternoon, Sandra, Do you plan on getting this hearing set or should we consider this motion abandoned? Thank you and be well. Joseph Joseph Bendel, Esq. 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 898-0351 Cell: (305) 720-5368 Facsimile: (561) 335-1245 www. AllianceLawFirm.org FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 From: Joseph Bendel Date: Tue, Jan 9, 2024 at 3:36 PM Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 To: Sandra Rodriguez , Daniel F. Tamaroff Ce: Marilyn Ramos , Traci Kenyon , Tatiana Guido , Lulu Valerio , Christian Boniola , Melanie Robinson Good afternoon, Sandra and Daniel. Our office has made requests for the depositions of Edison's corporate representative field adjuster on: May 30, 2023; June 28, 2023; August 3, 2023. Your office's response to our requests was that your Motion to Dismiss needs to be heard first. Now that the hearing is behind us, can I kindly request dates to depose Edison's corporate representative and field adjuster? Thank you and be well. Joseph Joseph Bendel, Esq. 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 898-0351 Cell: (305) 720-5368 Facsimile: (561) 335-1245 www.AllianceLawFirm.org On Wed, Jan 24, 2024 at 3:01 PM Christian Boniola wrote: Good afternoon, Sandra. Tam happy to assist in scheduling our depositions. Our office is no longer available on your proposed date for the CR, kindly advise on any of the following dates: 5/9-10AM/2PM 5/15-2PM 5/16-2PM I look forward to hearing from you. Thanks, Christian Mae Boniola Scheduling Department 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 Telephone: (561) 565-6310 www. AllianceLawFirm.org From: Christian Boniola Date: Mon, Feb 12, 2024 at 5:00 PM Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 To: Sandra Rodriguez Ce: Daniel F. Tamaroff , Marilyn Ramos , Tatiana Guido , Marty James Seno Good afternoon, Sandra. Tam following up for CR's and FA's availability. Please advise. Thanks, Christian Mae Boniola Scheduling Department 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 565-6310 www.AllianceLawFirm.org From: Christian Boniola Date: Tue, Feb 27, 2024 at 1:40 PM Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 To: Sandra Rodriguez Ce: Daniel F. Tamaroff , Marilyn Ramos , Tatiana Guido , Marty James Seno , Magda Vicente Good afternoon, Sandra. Iam kindly following up on the CR's and FA's availability. Please advise. Thanks, Christian Mae Boniola Scheduling Department 1665 Palm Beach Lakes Blvd., Suite 1001 FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 West Palm Beach, FL 33401 Telephone: (561) 565-6310 www.AllianceLawFirm.org From: Christian Boniola Date: Wed, Mar 6, 2024 at 9:52 AM Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 To: Magda Vicente Ce: Sandra Rodriguez , Daniel F. Tamaroff , Tatiana Guido , Marty James Seno Good morning, Magda. Our office is unfortunately no longer available on the 6/4 at 1OAM. We are currently scheduling in July. Please advise on any of the following dates below: 7/16-2PM 7/24-10AM. 7/31-10AM/2PM Thanks, Christian Mae Boniola Scheduling Department 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 565-6310 www. AllianceLawFirm.org From: Christian Boniola Date: Fri, Mar 15, 2024 at 10:47 AM Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 To: Magda Vicente Ce: Sandra Rodriguez , Daniel F. Tamaroff , Tatiana Guido , Marty James Seno Good morning. lam kindly following up on my email below. Please advise. FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 Thanks, Christian Mae Boniola Scheduling Department 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 565-6310 www. AllianceLawFirm.org From: Christian Boniola Date: Fri, Apr 5, 2024 at 4:43 PM Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 To: Magda Vicente Ce: Sandra Rodriguez , Daniel F. Tamaroff , Tatiana Guido , Marty James Seno , Otto E. Bergés, Esq. Good afternoon, Magda. At your soonest opportunity, we would like to obtain 2/3 dates in which FA and CR are available to be deposed and please advise if your office will be producing the FA. If not, kindly forward their full name and last known address. I look forward to your prompt response. Thanks, Christian Mae Boniola Scheduling Department 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 565-6310 www.AllianceLawFirm.org From: Christian Boniola Date: Mon, Apr 8, 2024 at 2:24 PM Subject: Re: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791 To: Sandra Rodriguez , Magda Vicente Ce: Daniel F. Tamaroff , Tatiana Guido Good afternoon, Ms. Rodriquez. lam happy to assist in scheduling our depositions.Upon receiving dates for the FA and CR, our office will happily return the gesture to have the deposition of the insured prior to your CR within a two week timeframe. We are currently scheduling for September. Please advise. FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32 Thanks, Christian Mae Boniola Scheduling Department 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 565-6310 www. AllianceLawFirm.org From: Christian Boniola Date: Tue, Apr 16, 2024 at 9:27 AM Subject: In re: Auriana Lauture v. Edison Insurance; Case no. 23-1791-Depositions To: Magda Vicente Ce: Sandra Rodriguez , Tatiana Guido , Daniel F. Tamaroff Good morning, Magda. Please advise on the alternate dates for both CR and FA. 5/21-10AM/2PM. 5/22-2PM Thanks, Christian Mae Boniola Scheduling Department 1665 Palm Beach Lakes Blvd., Suite 1001 West Palm Beach, FL 33401 Telephone: (561) 565-6310 www.AllianceLawFirm.org FILED: 04/24/2024 01:58 PM: Roger D. Eaton, Clerk of the Circuit Court, Charlotte County, FL DIN32