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Filing # 69164801 E-Filed 03/13/2018 09:36:14 AM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA.
XIOMARA LLERENA and ROBERTO GENERAL JURISDICTION DIVISION
LLERENA,
Case No: 17-014926 CA (31)
Plaintiffs,
Florida Bar No: 0084071
vs.
ANDRES QUINTANA INC. d/b/a
QUINTANA FAMILY DAY CARE
HOME a/k/a LEARNING AND
GROWING FAMILY CHILD CARE,
Defendant
/
PLAINTIFF’S MOTION TO COMPEL DEPOSITION DATES
COME NOW the Plaintiffs, XIOMARA LLERENA and ROBERTO LLERENA, by and
through undersigned counsel and hereby moves to compel deposition dates from the Defendant,
ANDRES QUINTANA INC, d/b/a QUINTANA FAMILY DAY CARE HOME a/k/a
LEARNING AND GROWING FAMILY CHILD CARE, and as grounds state the following:
1, On September 26, 2017, the undersigned counsel sent a letter to counsel for the
Defendant requesting deposition dates of the person with most knowledge
regarding the ownership, maintenance and use of walkway where the Plaintiff fell
and the person with most knowledge regarding the accident and how it occurred,
reporting of accident and any investigation performed. Attached hereto and
marked as Plaintiff's Exhibit “A” is a copy of this letter.
2. Although request was made on September 26, 2017, the Defendant herein has
failed to respond or provide deposition dates.Case No.: 17-014926 CA (31)
WHEREFORE, the Plaintiff requests this Honorable Court to compel the Defendant,
ANDRES QUINTANA INC. d/b/a QUINTANA FAMILY DAY CARE HOME a/k/a
LEARNING AND GROWING FAMILY CHILD CARE,, to provide deposition dates of the
person with most knowledge regarding the ownership, maintenance and use of walkway where
the Plaintiff fell and the person with most knowledge regarding the accident and how it occurred,
reporting of accident and any investigation performed within ten (10) days. These deposition
dates will not be rescheduled and the deposition will take place at Plaintiff's counsel’s office.
The Plaintiff requests all other relief this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing was mailed
this (oe of March, 2018 to L Heather M. Calhoon, Esq., Luks, Santaniello, Petrillo & Jones
150 West Flagler Street, Suite 2750, Miami, Fl 33130, Hcealhoon@insurancedefense.net;
ccarrero@insurancedefense.net.
FRIEDLAND LAW GROUP
1430 South Dixie Hwy., Suite 305
Coral Gables, Florida 33146
Tel: (305) 661-2008
Fax: (305) 661-2001
BY" =
Michael J. Carmona, Esq.FRIEDLANDLAWGROUP
Jonathan R. Friedland 1430 South Dixie Highway T: 305.661.2008
Suite 305 F: 305.661.2001
Michael J. Carmona Coral Gables, Florida 33146 E: jon@friediandlawgroup.com
September 26, 2017
Heather M. Calhoon, Esq.
Luks, Santaniello, Petrillo & Jones
150 West Flagler Street, Suite 2750
Miami, Fl 33130
RE: Xiomara Llerena and Roberto Llerena vs. Andres Quintana Inc., d/b/a Quintana
Family Day Care Home a/k/a Learning and Growing Family Child Care
Dear Ms. Calhoon:
Please provide me with deposition dates of the person with most knowledge
regarding the ownership, maintenance and use of walkway where the Plaintiff fell and the
person with most knowledge regarding the accident and how it occurred, reporting of
accident nd any investigation performed regarding the accident pursuant to F.R.C.P.
1.310(b)(6) within ten (10) days. If I do not receive deposition dates within ten (10)
days, I will have no choice but to file a Motoy’? Compel deposition dates.
If you have any questions concerning thi matter, please do not hesitate to contact
our office.
JRF:ia
Preview
Filing # 69164801 E-Filed 03/13/2018 09:36:14 AM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA. XIOMARA LLERENA and ROBERTO GENERAL JURISDICTION DIVISION LLERENA, Case No: 17-014926 CA (31) Plaintiffs, Florida Bar No: 0084071 vs. ANDRES QUINTANA INC. d/b/a QUINTANA FAMILY DAY CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE, Defendant / PLAINTIFF’S MOTION TO COMPEL DEPOSITION DATES COME NOW the Plaintiffs, XIOMARA LLERENA and ROBERTO LLERENA, by and through undersigned counsel and hereby moves to compel deposition dates from the Defendant, ANDRES QUINTANA INC, d/b/a QUINTANA FAMILY DAY CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE, and as grounds state the following: 1, On September 26, 2017, the undersigned counsel sent a letter to counsel for the Defendant requesting deposition dates of the person with most knowledge regarding the ownership, maintenance and use of walkway where the Plaintiff fell and the person with most knowledge regarding the accident and how it occurred, reporting of accident and any investigation performed. Attached hereto and marked as Plaintiff's Exhibit “A” is a copy of this letter. 2. Although request was made on September 26, 2017, the Defendant herein has failed to respond or provide deposition dates.Case No.: 17-014926 CA (31) WHEREFORE, the Plaintiff requests this Honorable Court to compel the Defendant, ANDRES QUINTANA INC. d/b/a QUINTANA FAMILY DAY CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE,, to provide deposition dates of the person with most knowledge regarding the ownership, maintenance and use of walkway where the Plaintiff fell and the person with most knowledge regarding the accident and how it occurred, reporting of accident and any investigation performed within ten (10) days. These deposition dates will not be rescheduled and the deposition will take place at Plaintiff's counsel’s office. The Plaintiff requests all other relief this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing was mailed this (oe of March, 2018 to L Heather M. Calhoon, Esq., Luks, Santaniello, Petrillo & Jones 150 West Flagler Street, Suite 2750, Miami, Fl 33130, Hcealhoon@insurancedefense.net; ccarrero@insurancedefense.net. FRIEDLAND LAW GROUP 1430 South Dixie Hwy., Suite 305 Coral Gables, Florida 33146 Tel: (305) 661-2008 Fax: (305) 661-2001 BY" = Michael J. Carmona, Esq.FRIEDLANDLAWGROUP Jonathan R. Friedland 1430 South Dixie Highway T: 305.661.2008 Suite 305 F: 305.661.2001 Michael J. Carmona Coral Gables, Florida 33146 E: jon@friediandlawgroup.com September 26, 2017 Heather M. Calhoon, Esq. Luks, Santaniello, Petrillo & Jones 150 West Flagler Street, Suite 2750 Miami, Fl 33130 RE: Xiomara Llerena and Roberto Llerena vs. Andres Quintana Inc., d/b/a Quintana Family Day Care Home a/k/a Learning and Growing Family Child Care Dear Ms. Calhoon: Please provide me with deposition dates of the person with most knowledge regarding the ownership, maintenance and use of walkway where the Plaintiff fell and the person with most knowledge regarding the accident and how it occurred, reporting of accident nd any investigation performed regarding the accident pursuant to F.R.C.P. 1.310(b)(6) within ten (10) days. If I do not receive deposition dates within ten (10) days, I will have no choice but to file a Motoy’? Compel deposition dates. If you have any questions concerning thi matter, please do not hesitate to contact our office. JRF:ia