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Filing # 113621598 E-Filed 09/18/2020 04:42:45 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN| AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE 19-026009 (03)
CHANDLER JEAN BAPTISTE.
Plaintiff,
vs.
CITY OF SUNRISE AND
FRANK ANTHONY OTELLO,
Defendants.
!
PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF MR. FRANK ANTHONY
OTELLO
The Plaintiff, CHANDLER JEAN BAPTISTE, by and through his undersigned attorney.
pursuant to Florida Rules of Civil Procedure requests that this Court enter an Order compelling the
Defendant, MR. FRANK ANTHONY OTFI.LO. to appear for a deposition in this matter. The
grounds for this motion are as follows:
1, ‘This is a negligence action arising out of a motor vehicle accident in which the
Plaintiff is seeking compensation of his damages from the Defendant.
2 On or about July 17. 2020 the Plaintiff's counsel e-mailed the attorneys for
Defendants and inquired about potential deposition dates for the delendant. See attached Exhibit
3. On ot about August 24, 2020 the Plaintiff's counsel e-mailed counsel for
Defendant FRANK ANTHONY OTELLO and inquired about potential deposition dates, See
attached Exhibit “B.”4 As of the date of the filing of this motion, the Plaintiff has not been provided with
any available dates to depose the Defendant, FRANK. ANTHONY OTELLO,
3. Florida Rule of Civil procedure 1.380(d) provides in pertinent part:
If a party or an officer, director of managing agent of a party...
fails (1) to appear before the officer who is to take the deposition
afler being served proper notice,..the court in which the action is
pending may take any action authorized under (4). (B) and (C) of
subdivision b(2) of this Rule.
Instead of any order or in addition to it, the court shall require the
party failing to act to pay the reasonable expenses caused by the
failure, which may include attorney fees, unless the court finds that
the failure was justified. (Emphasis added.)
6. The aforesaid deposition is material. relevant, and essential to the prosecution of
the Plaintiff s claim.
7. The Plaintiff's position has been prejudiced by the Defendant's delay and
abstinence,
8. In the present case, the Plaintiff has spent considerable time and effort attempting
to take the deposition of the Defendant, while the Defendant has capriciously refused and
thwarted the Plaintiff's efforts to schedule the deposition of FRANK ANTITONY OTELLO.
9. ‘The Defendant's conduct is nothing more than a defense dilatory tactic.
Defendant attempted to circumvent the Rules of Civil Procedure by refusing to cooperate in
coordinating deposition dates.
WIIERFFORE the Plaintiff, CHANDLER JEAN BAPTISTF. respectfully requests this
court enter an order compelling the deposition of the Defendant, MR. FRANK ANTHONY
OTELLO,
:
2The movant in good faith, has conferred or attempted to confer with the person or party
failing to make the discovery in an effort lo secure the information or material without court
action.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded by
Electronic Mail to: LE. BRUCE JOHNSON, ESQ.. JOHNSON, ANSELMO, MURDOCII.
BURKE, PIPFR. & HOCHMAN, P.A.. Attomeys for Defendant. CITY OF SUNRISF.,
-jambg.com, and OSCAR F. MARRERO, ESQ. MARRERO & WYDLER, Attomeys
Johnso
for Defendant. FRANK ANTHON OTELLO, oem@marrerolegal.com. this 18" day of
September. 2020.
MILLER LAW GROUP. P.A.
1937 East Atlantic Boulevard. Suite 204
Pompano Beach, Florida 33060
Telephone; (934)972-8011
Telefax: (954)782-3636
Primary E-Mail: litigation ’@:millerlaw legal
/s/ Mohammed Haider
By:
MOHAMMED HATDER
Florida Bar No. 1003274EXHIBIT
OA”Page I of 2
From: Adriana Mira-Bueno
Sent: Friday, July 17, 2020 12:39 PM
To: ‘young@jambg.com'
Ce: ‘OEM @marrerolegal.com’; ‘Mohammed Haider’
Subject: FW: CHANDLER JEAN SAPTISTE v. CITY OF SUNRISE - SET DEFENDANT DRIVER AND
PLAINTIFF'S DEPOSITION
Good afternoon,
This is a follow up on my previous email to get available dates to schedule the Deposition of the Plaintiff,
Chandler Jean Baptiste, We also need to set the Deposition of the Defendant Drive, Franck Anthony Otello.
Please contact our office with available dates for depositions so we may coordinate.
Thank you,
Adriana Mira-Bueno
Subragation Specialist
MILLER LAW GROUP
1937 East Atlantic Boulevard, Suite 204
Pompano Beach, FL 33060
Adriana@adammillerlaw.com
(954) 782-3636 - Fax
(954) 972-8011 - Phone
{954} 671-8011 - Direct
From: Michelle Hardy
Sent: Friday, July 17, 2020 9:42 AM
To; 'Adriana Mira-Bueno'
Subject: FW: CHANDLER JEAN BAPTISTE v. CITY OF SUNRISE - SET DEFENDANT DRIVER FOR DEPOSITION
From: Michelle Hardy
Sent: Wednesday, July 15, 2020 9:36 AM
To: ‘Carey Young’
Cc: 'OEM @marrerolegal.com' ; ‘Mohammed Haider’
Subject: CHANDLER JEAN BAPTISTE v. CITY OF SUNRISE - SET DEFENDANT DRIVER FOR DEPOSITION
Good Morning,
Hope all is well.
Please be advised that our office would like to schedule the Deposition of the Plaintiff, Chandier Jean Baptiste.
Please provide a few dates so we may coordinate.
Thank you!
History! 187K MSpCmX/geNZXSG41V XxrhMdpnir_mail.htal 9/18/2020Page 2 of 2
Warm Regards,
Adriana de Mira-Bueno
Legal Assistant
Pq MILLER LAW GROUP
1937 East Atlantic Boulevard, Suite 204
Pompano Beach, Florida 33060
Email; Michelle@milierlaw.lepal
= (954) 782-3636 - Fax
@ (954) 972-8011 - Phone
*CONFIDENTIALITY NOTICE * this email is for the use of the intended recipient(s) only. The information contained in
this communication may be confidential and may be subject to the anumey-client privilege. If you have received this email in
error, please notify the sender immediately und then delete it. If you are nat the intended recipient, you must not keep, use.
disclose, copy or distribute this email 4 ithout the author's written permission, The unintended transmission shall not
constitute waiver of the attorney -cliem privilege ar any other privilege.
P./History/T87KM3 pCmX/geNZXSG4TV XxrhMdpnir_mail Jim! 9: 18/2020EXHIBIT
“RB”Page | of 2
From: Michelle Hardy
Sent: Monday, August 24, 2020 4:14 PM
To: 'Guertty Lopez’
Subject: FW: CHANDLER JEAN BAPTISTE
Guertty,
Please see below.
Thank you.
Warm Regards,
Michelle Hardv
Paralegal
Jh (MILLER LAW GROUP
1937 East Atlantic Boulevard, Suite 204
Pompano Beach, Florida 33060
Email: Michelle@millerlaw.tegal
A (954) 782-3636 - Sax
@ (954) 972-8021 - Phone
*CONFIDENTIALITY NOTICE * this email is for the use of the intended recipient(s} only, The information contained in
this communication may be confidential and may be subject to the attorney-client privil Lf sou have received this email in
error, please notify the seader immediatels and then delete it. If you are not the intended recipient. you Must not keep, use.
disclose. copy or distribute this email without Lhe author's « ritten permission. ‘Lhe unintended transmission shall not
constitute waiver of the attorney-client privilege or any other pris ilege.
From: Michelle Hardy
Sent: Monday, August 24, 2020 4:07 PM
To: ‘Dinah Lopez' ; ‘OEM@marrerolegal.com’
Ce: 'Carey Young’
Subject: CHANDLER JEAN BAPTISTE
Good Afternoon,
Please be advised, our office would like to take the deposition of the defendant driver (Otello) via Zoom. The
following dates are available:
9/17 anytime, 9/18 anytime or 9/21 (PM)
Please advise at your earliest convenience.
Warm Regards,
fil
P:/History/T8ZK MSpCmX‘nn8pcFgwSSa WS4EA2YFO_mail html 9/18/2020Page 2 of 2
Michelle Hardy
Paralegal
Pq MILLER LAW GROUP
1937 East Atlantic Boulevard, Suite 204
Pompano Beach, Florida 33060
Email; Michelie@millerlaw. legal
Fi (954) 782-3636 - Fax
(954) 972-8612 - Phone
DLNTIALITY NOTICE * this email is for the use of the intended recipient(s} only. The information contained in
monication may be cuafidential and may be subject to the attomey-client privilege you have received this email in
error. please notify the sender immediately and then delete it, If you are not the intended recipicni. you must not keep. use,
disclose, copy of distribute this email without the author's written permission. The unintended transmission shal] not
constitute waiver of the attorney-client privilege or any other privilege.
History‘ TSZKMS5pCmX/nn8pzF pwSSAWS4EA2 YFO_mail.htnl 9718-2020
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Filing # 113621598 E-Filed 09/18/2020 04:42:45 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN| AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 19-026009 (03) CHANDLER JEAN BAPTISTE. Plaintiff, vs. CITY OF SUNRISE AND FRANK ANTHONY OTELLO, Defendants. ! PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF MR. FRANK ANTHONY OTELLO The Plaintiff, CHANDLER JEAN BAPTISTE, by and through his undersigned attorney. pursuant to Florida Rules of Civil Procedure requests that this Court enter an Order compelling the Defendant, MR. FRANK ANTHONY OTFI.LO. to appear for a deposition in this matter. The grounds for this motion are as follows: 1, ‘This is a negligence action arising out of a motor vehicle accident in which the Plaintiff is seeking compensation of his damages from the Defendant. 2 On or about July 17. 2020 the Plaintiff's counsel e-mailed the attorneys for Defendants and inquired about potential deposition dates for the delendant. See attached Exhibit 3. On ot about August 24, 2020 the Plaintiff's counsel e-mailed counsel for Defendant FRANK ANTHONY OTELLO and inquired about potential deposition dates, See attached Exhibit “B.”4 As of the date of the filing of this motion, the Plaintiff has not been provided with any available dates to depose the Defendant, FRANK. ANTHONY OTELLO, 3. Florida Rule of Civil procedure 1.380(d) provides in pertinent part: If a party or an officer, director of managing agent of a party... fails (1) to appear before the officer who is to take the deposition afler being served proper notice,..the court in which the action is pending may take any action authorized under (4). (B) and (C) of subdivision b(2) of this Rule. Instead of any order or in addition to it, the court shall require the party failing to act to pay the reasonable expenses caused by the failure, which may include attorney fees, unless the court finds that the failure was justified. (Emphasis added.) 6. The aforesaid deposition is material. relevant, and essential to the prosecution of the Plaintiff s claim. 7. The Plaintiff's position has been prejudiced by the Defendant's delay and abstinence, 8. In the present case, the Plaintiff has spent considerable time and effort attempting to take the deposition of the Defendant, while the Defendant has capriciously refused and thwarted the Plaintiff's efforts to schedule the deposition of FRANK ANTITONY OTELLO. 9. ‘The Defendant's conduct is nothing more than a defense dilatory tactic. Defendant attempted to circumvent the Rules of Civil Procedure by refusing to cooperate in coordinating deposition dates. WIIERFFORE the Plaintiff, CHANDLER JEAN BAPTISTF. respectfully requests this court enter an order compelling the deposition of the Defendant, MR. FRANK ANTHONY OTELLO, : 2The movant in good faith, has conferred or attempted to confer with the person or party failing to make the discovery in an effort lo secure the information or material without court action. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded by Electronic Mail to: LE. BRUCE JOHNSON, ESQ.. JOHNSON, ANSELMO, MURDOCII. BURKE, PIPFR. & HOCHMAN, P.A.. Attomeys for Defendant. CITY OF SUNRISF., -jambg.com, and OSCAR F. MARRERO, ESQ. MARRERO & WYDLER, Attomeys Johnso for Defendant. FRANK ANTHON OTELLO, oem@marrerolegal.com. this 18" day of September. 2020. MILLER LAW GROUP. P.A. 1937 East Atlantic Boulevard. Suite 204 Pompano Beach, Florida 33060 Telephone; (934)972-8011 Telefax: (954)782-3636 Primary E-Mail: litigation ’@:millerlaw legal /s/ Mohammed Haider By: MOHAMMED HATDER Florida Bar No. 1003274EXHIBIT OA”Page I of 2 From: Adriana Mira-Bueno Sent: Friday, July 17, 2020 12:39 PM To: ‘young@jambg.com' Ce: ‘OEM @marrerolegal.com’; ‘Mohammed Haider’ Subject: FW: CHANDLER JEAN SAPTISTE v. CITY OF SUNRISE - SET DEFENDANT DRIVER AND PLAINTIFF'S DEPOSITION Good afternoon, This is a follow up on my previous email to get available dates to schedule the Deposition of the Plaintiff, Chandler Jean Baptiste, We also need to set the Deposition of the Defendant Drive, Franck Anthony Otello. Please contact our office with available dates for depositions so we may coordinate. Thank you, Adriana Mira-Bueno Subragation Specialist MILLER LAW GROUP 1937 East Atlantic Boulevard, Suite 204 Pompano Beach, FL 33060 Adriana@adammillerlaw.com (954) 782-3636 - Fax (954) 972-8011 - Phone {954} 671-8011 - Direct From: Michelle Hardy Sent: Friday, July 17, 2020 9:42 AM To; 'Adriana Mira-Bueno' Subject: FW: CHANDLER JEAN BAPTISTE v. CITY OF SUNRISE - SET DEFENDANT DRIVER FOR DEPOSITION From: Michelle Hardy Sent: Wednesday, July 15, 2020 9:36 AM To: ‘Carey Young’ Cc: 'OEM @marrerolegal.com' ; ‘Mohammed Haider’ Subject: CHANDLER JEAN BAPTISTE v. CITY OF SUNRISE - SET DEFENDANT DRIVER FOR DEPOSITION Good Morning, Hope all is well. Please be advised that our office would like to schedule the Deposition of the Plaintiff, Chandier Jean Baptiste. Please provide a few dates so we may coordinate. Thank you! History! 187K MSpCmX/geNZXSG41V XxrhMdpnir_mail.htal 9/18/2020Page 2 of 2 Warm Regards, Adriana de Mira-Bueno Legal Assistant Pq MILLER LAW GROUP 1937 East Atlantic Boulevard, Suite 204 Pompano Beach, Florida 33060 Email; Michelle@milierlaw.lepal = (954) 782-3636 - Fax @ (954) 972-8011 - Phone *CONFIDENTIALITY NOTICE * this email is for the use of the intended recipient(s) only. The information contained in this communication may be confidential and may be subject to the anumey-client privilege. If you have received this email in error, please notify the sender immediately und then delete it. If you are nat the intended recipient, you must not keep, use. disclose, copy or distribute this email 4 ithout the author's written permission, The unintended transmission shall not constitute waiver of the attorney -cliem privilege ar any other privilege. P./History/T87KM3 pCmX/geNZXSG4TV XxrhMdpnir_mail Jim! 9: 18/2020EXHIBIT “RB”Page | of 2 From: Michelle Hardy Sent: Monday, August 24, 2020 4:14 PM To: 'Guertty Lopez’ Subject: FW: CHANDLER JEAN BAPTISTE Guertty, Please see below. Thank you. Warm Regards, Michelle Hardv Paralegal Jh (MILLER LAW GROUP 1937 East Atlantic Boulevard, Suite 204 Pompano Beach, Florida 33060 Email: Michelle@millerlaw.tegal A (954) 782-3636 - Sax @ (954) 972-8021 - Phone *CONFIDENTIALITY NOTICE * this email is for the use of the intended recipient(s} only, The information contained in this communication may be confidential and may be subject to the attorney-client privil Lf sou have received this email in error, please notify the seader immediatels and then delete it. If you are not the intended recipient. you Must not keep, use. disclose. copy or distribute this email without Lhe author's « ritten permission. ‘Lhe unintended transmission shall not constitute waiver of the attorney-client privilege or any other pris ilege. From: Michelle Hardy Sent: Monday, August 24, 2020 4:07 PM To: ‘Dinah Lopez' ; ‘OEM@marrerolegal.com’ Ce: 'Carey Young’ Subject: CHANDLER JEAN BAPTISTE Good Afternoon, Please be advised, our office would like to take the deposition of the defendant driver (Otello) via Zoom. The following dates are available: 9/17 anytime, 9/18 anytime or 9/21 (PM) Please advise at your earliest convenience. Warm Regards, fil P:/History/T8ZK MSpCmX‘nn8pcFgwSSa WS4EA2YFO_mail html 9/18/2020Page 2 of 2 Michelle Hardy Paralegal Pq MILLER LAW GROUP 1937 East Atlantic Boulevard, Suite 204 Pompano Beach, Florida 33060 Email; Michelie@millerlaw. legal Fi (954) 782-3636 - Fax (954) 972-8612 - Phone DLNTIALITY NOTICE * this email is for the use of the intended recipient(s} only. The information contained in monication may be cuafidential and may be subject to the attomey-client privilege you have received this email in error. please notify the sender immediately and then delete it, If you are not the intended recipicni. you must not keep. use, disclose, copy of distribute this email without the author's written permission. The unintended transmission shal] not constitute waiver of the attorney-client privilege or any other privilege. History‘ TSZKMS5pCmX/nn8pzF pwSSAWS4EA2 YFO_mail.htnl 9718-2020