Corbacho Daudinot v. Puig Valdes et al

Filing 80

REPLY to Response to Motion re 74 Second MOTION for Sanctions under Rule 37 filed by Yasiel Puig Valdes, Maritza Valdes Gonzalez. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Andrews, Averil)

EXHIBIT A
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

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CASE NUMBER 13-22589-KMW

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MIGUEL ANGEL CORBACHO DAUDINOT,

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Plaintiff

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vs.
YASIEL PUIG VALDES and
MARITZA VALDES GONZALEZ
Defendant

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_______________________________________________________________

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HEARING HELD 6-24-14
BEFORE THE HONORABLE KATHLEEN M. WILLIAMS
UNITED STATES DISTRICT COURT JUDGE
_______________________________________________________________

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APPEARANCES:
FOR THE PLAINTIFF:

KENIA BRAVO, ESQ.
AVELINO GONZALEZ, ESQ.
6780 Coral Way
Miami, FL 33155

FOR THE DEFENDANT:

SEAN SANTINI, ESQ.
1001 Brickell Bay Drive
Miami, FL 33131

REPORTED BY:

PATRICIA SANDERS, RPR
United States Court Reporter
400 North Miami Avenue, Suite 11-3
Miami, FL 33128
T: 305.523.5528
[e-mail].

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THE COURT:

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MS. BRAVO: Cuba.

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THE COURT:

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MS. BRAVO: He is not.

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THE COURT:

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MS. BRAVO: He is on conditional leave so he is serving

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He is not incarcerated, correct?

Okay.

out the rest of his sentence at home.

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Where is he right now?

THE COURT:

How much more of a sentence does he have

to serve?
MS. BRAVO: Until 2017, but we're working to get him

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out obviously long before November 15th, and within the

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discovery deadline confines. And we were able to accomplish

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that in the Chatman case.

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THE COURT:

Go ahead, Mr. Santini.

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MR. SANTINI: This is probably as good a time as any to

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address the elephant in the corner of the room, which is my

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client has the right to confront the man making these

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allegations.

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My client cannot return to Cuba. He is persona non
grata there. He would be arrested if he returns.
I intend to the moment we walk out of the courtroom
clear a deposition date for the plaintiff in Miami.

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I am bringing it up now because I suspect that is

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going to be an issue that will have to be hashed out here.

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My client is entitled to confront this man. This man brought a

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lawsuit here in Miami at great disruption to my client, and to

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hear now that maybe he can't be here until 2017 --

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THE COURT:

That is not a problem, Mr. Santini,

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because this case is not going to survive that long. It would

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go away for failure to prosecute.

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MR. SANTINI: Yes, Your Honor.

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THE COURT: Ms. Bravo, you have chosen -- you and your

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client have chosen -- to bring this lawsuit at this time in

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this court, and you now have an obligation, along with your

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client, to prosecute it according to the schedule and rules of

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this court.

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The rules that you knew of not only because you are a

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skilled lawyer, but because you had another client who had to

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go through this same thing.

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So, I am not inclined to be forgiving of deadlines

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because the choice to avail yourself of the court is yours.

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I cannot delay this because Mr. Daudinot may or may
not get out of the house arrest situation he is in.

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We can't put a bookmark in and say, we will just wait
to see how that goes. You need to prosecute this case.

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Mr. Santini wants to take a deposition of your client.

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The question is does it have to be in the same room or can it

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be by some other means?

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I think there are some cases that might be instructive
on that.