Corbacho Daudinot v. Puig Valdes et al

Filing 74

Second MOTION for Sanctions under Rule 37 by Yasiel Puig Valdes, Maritza Valdes Gonzalez. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Andrews, Averil)

EXHIBIT B
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
MIGUEL ANGEL CORBACHO DAUDINOT,
Plaintiff,

CASE NO. 13-CV-22589-KMW

v.
YASIEL PUIG VALDES a/k/a YASIEL PUIG
and MARITZA VALDES GONZALEZ,
Defendants.
____________________________________/
DEFENDANTS’ FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS TO PLAINTIFF
Defendants, Yasiel Puig Valdes and Maritza Valdes Gonzalez, serve the following
request for production upon plaintiff, Miguel Angel Corbacho Daudinot, pursuant to Rule
34, Federal Rules of Civil Procedure.
DEFINITIONS
A.

“Corbacho", "Plaintiff", "you", or "your" shall mean Miguel Angel Corbacho

Daudinot.
B.

"Document" or "Documents" shall mean all written, typed, printed, taped,

and pictorial matter of any kind for nature whatsoever, however produced or reproduced,
in whatever form maintained, and all non-identical (for whatever reason) copies and prior
drafts thereof, in your custody or control, and includes, but is not limited to,
correspondence,

electronic

mail,

transcriptions,

tapes,

notes

from

telephone

conversations, agreements, contracts, assignments, records, tape recordings (whether
or not transcribed), reports, memoranda, studies, summaries, minutes, notes, agenda,
bulletins, diaries, calendars, logs, announcements, instructions, charts, manuals,

brochures, schedules, computer data (whether maintained in hard copy or on a diskette,
or data base) or cards or printouts, telegrams, teletype, phonographic matter, financial
statements, accounting records, work sheets, pro formas, and any other such documents
and tangible things. The term "document" also includes writings stored on permanent or
removable magnetic or optical media, including, but not limited to, magnetic tape, floppy
disks, fixed disks, mass storage devices, and optical disks; back-up copies and all
versions of documents, their back-up schedule, location of back-up hardware and storage
facilities, location of disaster recovery sites, a detailed description of back-up procedures,
identification of all subcontractors involved in the back-up or disaster recovery processes,
identification of all subcontractors involved in the back-up or disaster recovery processes,
identification of back-up hardware, software and storage media; information on file
formats, audit trails, logs, access records, file headers, message headers, data
structures, flow diagrams, tools and development platforms that affect the documents;
locations of and information about the computers, electronic or other systems upon which
the documents were created, stored, backed up to, or deleted from, sufficient to enable
the convenient researching, location, opening, reading, printing, storage and identification
of the documents (this shall include computers of employees, subcontractors,
independent contractors, service providers, agents, vendors, Internet service providers,
telecommunications services providers, suppliers, or others that may contain the
documents or any version thereof); all versions and modifications of documents; deleted
or erased documents; and passports, codes, description tools, or other information or
hardware necessary to access and use the documents. Production shall be in native
form with metadata and upon media necessary for convenient access and use with

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common tools, hardware, development platforms, and software. Where production will
render the documents difficult or impossible to access and use without proprietary tools,
hardware, development platforms, or software, production of such proprietary tools,
hardware, development platforms, and software is demanded. The term document also
includes copies of documents upon which notations or writings appear that are not
present on the originals or other copies of such documents.
C.

“Defendants” shall mean defendants Yasiel Puig Valdes and Maritza Valdes

Gonzalez, collectively.
D.

“Puig” shall mean defendant Yasiel Puig Valdes.

E.

“Valdes” shall mean Maritza Valdes Gonzalez.

D.

“Complaint” shall mean the Second Amended Complaint filed by Corbacho

in this action (ECF No. 24).
INSTRUCTIONS
A.

All responsive documents that are in your possession, custody or control

must be produced to the office of the undersigned in accordance with Rule 34 of the
Federal Rules of Civil Procedure. Possession, custody or control includes constructive
possession whereby you can compel the production of a matter from a third-party.
B.

These requests are intended as continuing requests, requiring you to submit

a supplemental response setting forth any information within the scope of the requests
that you may acquire following your original response.
C.

If you contend that any documents responsive to a request are privileged,

in whole or in part, please produce a privilege log and identify by date, author, recipient,
distribution list and subject matter, each document which is responsive to a request but

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which you are not producing based on the assertion of claim of privilege, attorney workproduct, or other asserted justification for non-production. Further, please identify the
privilege asserted relating to each document that is not produced. If you otherwise object
to any request, state the reasons for such objection.
D.

If a document has been lost, destroyed, or otherwise cannot be produced,

the document shall be identified by author, date, subject matter, date of loss or
destruction, the identity of the person responsible for the loss or destruction, and if
destroyed, the reason for such destruction.
DOCUMENTS TO BE PRODUCED
1.

All the documents referenced on page 5 of the complaint, under the header

“Allegations of Fact Common to All Counts,” from which you allege the Complaint’s
“allegations of fact” were derived.

This request include the following documents

referenced in the Complaint: the “Cuban Public Documents,” “the Defendants’ sworn
DCSE declarations,” “the court testimony of PUIG and his mother, VALDES in Cuban
court,” the “witness testimony given in Cuban court,” any document substantiating the
“eye witness accounts of the events as they occurred,” and the “filed Court documents in
the Republic of Cuba.”
2.

Any documents that support the allegation in paragraph 24 of the Complaint

that “PUIG tortuously, intentionally, willfully, wantonly, maliciously, knowingly, recklessly
and negligently caused and/or otherwise proximately caused the arbitrary and prolonged
detention and torture of CORBACHO DAUDINOT.”
3.

Any documents that support the allegation in paragraph 25 of the Complaint

that “VALDES tortuously, intentionally, willfully, wantonly, maliciously, knowingly,

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recklessly and negligently caused and/or otherwise proximately caused the arbitrary and
prolonged detention and torture of CORBACHO DAUDINOT.”
4.

Any documents that support the allegation in paragraph 26 of the Complaint

that “PUIG aided and abetted the DCSE and the Cuban government in tortiously,
intentionally, willfully, wantonly, maliciously, knowingly, recklessly and negligently and/or
otherwise proximately causing the arbitrary and prolonged detention and torture of
CORBACHO DAUDINOT.”
5.

Any documents that support the allegation in paragraph 27 of the Complaint

that “VALDES aided and abetted the DCSE and the Cuban government in tortiously,
intentionally, willfully, wantonly, maliciously, knowingly, recklessly and negligently and/or
otherwise proximately causing the arbitrary and prolonged detention and torture of
CORBACHO DAUDINOT.”
6.

Any documents that support the allegation in paragraph 28 of the Complaint

that “PUIG conspired with his mother, with the DCSE and the Cuban government in
tortiously, intentionally, willfully, wantonly, maliciously, knowingly, recklessly and
negligently and/or otherwise proximately causing the arbitrary and prolonged detention
and torture of CORBACHO DAUDINOT.”
7.

Any documents that support the allegation in paragraph 29 of the Complaint

that “VALDES conspired with her son, with the DCSE and the Cuban government in
tortiously, intentionally, willfully, wantonly, maliciously, knowingly, recklessly and
negligently and/or otherwise proximately causing the arbitrary and prolonged detention
and torture of CORBACHO DAUDINOT.”

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8.

Any documents that support the allegation in paragraph 30 of the Complaint

that “PUIG ordered, directed, initiated, solicited and facilitated the arbitrary and prolonged
detention and torture of CORBACHO DAUDINOT.”
9.

Any documents that support the allegation in paragraph 31 of the Complaint

that “VALDES ordered, directed, initiated, solicited and facilitated the arbitrary and
prolonged detention and torture of CORBACHO DAUDINOT.”
10.

Any documents that support the allegation in paragraph 32 of the Complaint

that “Defendants acted with the intent to assist in the detention and torture by the DCSE
and the Cuban government and initiated and cooperated with them to assist in said
actions.”
11.

Any documents that support the allegation in paragraph 33 of the Complaint

that “The Defendants’ acts had a substantial effect upon the success of the wrongful acts
of the DCSE and the Cuban government.”
12.

Any documents that support the allegation in paragraph 34 of the Complaint

that “Defendants had actual and constructive knowledge that their actions assisted the
DCSE and the Cuban government in the arbitrary and prolonged detention and torture of
CORBACHO DAUDINOT.”
13.

Any documents that support the allegation in paragraph 35 of the Complaint

that Puig had been a government informant.
14.

Any documents that support the allegation in paragraph 37 of the Complaint

that “PUIG accused… Carlos Ivan Hernandez Concepcion and ‘Pedro’… of human
trafficking.”

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15.

Any documents that support the allegation in paragraph 46 of the Complaint

that “PUIG did testify against Hernandez and Pedro.”
16.

Any documents that support the allegation in paragraph 47 of the Complaint

that Puig accused Odalys Diaz Gonzalez and Armando Munis, of Human Trafficking.
17.

Any documents evidencing any communications between Puig and any

representative, employee or agent of the Cuban Government regarding Corbacho or
human trafficking.
18.

Any documents evidencing any meetings between Puig and any

representative, employee or agent of the Cuban Government regarding Corbacho or
human trafficking.
19.

Any documents evidencing any communications between Puig and any

representative, employee, or agent of the National Institute of Sports, Physical Education
and Recreation (Instituto Nacional De Deportes, Educación Fisica, y Recreación)
(“INDER”) regarding Corbacho or human trafficking.
20.

Any documents evidencing any meetings between Puig and any

representative, employee, or agent of INDER regarding Corbacho or human trafficking.
21.

Any documents evidencing any communications between Puig and any

representative, employee, or agent of the Cuban Department of State Security
(Departamento de Seguridad del Estado) (“DCSE”) regarding Corbacho or human
trafficking.
22.

Any documents evidencing any meetings between Puig and any

representative, employee, or agent of DCSE regarding Corbacho or human trafficking.

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23.

Any documents evidencing any communications between Valdes and any

representative, employee or agent of the Cuban Government regarding Corbacho or
human trafficking.
24.

Any documents evidencing any meetings between Valdes and any

representative, employee or agent of the Cuban Government regarding Corbacho or
human trafficking.
25.

Any documents evidencing any communications between Valdes and any

representative, employee, or agent of INDER regarding Corbacho or human trafficking.
26.

Any documents evidencing any meetings between Valdes and any

representative, employee, or agent of INDER regarding Corbacho or human trafficking.
27.

Any documents evidencing any communications between Valdes and any

representative, employee, or agent of DCSE regarding Corbacho or human trafficking.
28.

Any documents evidencing any meetings between Valdes and any

representative, employee, or agent of DCSE regarding Corbacho or human trafficking.
29.

Any documents evidencing communications or meetings between Puig and

Higinio Vélez regarding Corbacho or human trafficking.
30.

Any documents evidencing communications or meetings between Valdes

and Roberto Martinez Aroche regarding Corbacho or human trafficking.
31.

Any documents evidencing communications or meetings between Puig and

Livian Angarica Gonzalez regarding Corbacho or human trafficking.
32.

Any documents regarding Corbacho’s arrest (based on the human

trafficking charge), including but not limited to any documents used to support allegations
72-85 of the Complaint.

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33.

Any documents regarding Corbacho’s trial in Cuba for human trafficking,

including but not limited to any documents used to support the allegations of paragraphs
86-98 of the Complaint.
34.

Any documentation concerning Corbacho’s conviction in Cuba for human

trafficking.
35.

Any documentation concerning Corbacho’s detention and/or alleged torture

in Cuba, including but not limited to any documents used to support the allegations in
paragraphs 99-105 of the Complaint.
36.

Any documents evidencing that Defendants had any knowledge concerning

Corbachos’ conditions of confinement at any time from January 2010 to the present.
Respectfully submitted,
SANTINI LAW
1001 Brickell Bay Drive, Suite 2650
Miami, Florida 33131
Tel: [phone]
Fax: [phone]

By: /s/ Sean R. Santini
Sean R. Santini
Florida Bar No. 832898
[e-mail]
Averil Andrews
Florida Bar No. 105700
[e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that on March 3, 2015, I served the foregoing Request for
Production of Documents, via electronic mail and U.S. Mail, upon the persons listed in
the attached Service List.

By: /s/ Averil Andrews
Averil Andrews

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SERVICE LIST

Kenia Bravo, Esq.
[e-mail]
Law Offices of Avelino J. Gonzalez, P.A.
6780 Coral Way
Miami, FL 33155
Avelino Jose Gonzalez, Esq.
[e-mail]
Law Offices of Avelino J. Gonzalez, P.A.
6780 Coral Way
Miami, FL 33155

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