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 B
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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,
Plaintiff

vs.
YASIEL PUIG VALDES and
MARITZA VALDES GONZALEZ
Defendant

_______________________________________________________________

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HEARING HELD 1-30-15
BEFORE THE HONORABLE KATHLEEN M. WILLIAMS
UNITED STATES DISTRICT COURT JUDGE
_______________________________________________________________

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APPEARANCES:

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FOR THE PLAINTIFF:

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

FOR THE DEFENDANT:

SEAN SANTINI, ESQ.
AVERIL ANDREWS, 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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That was always the case, Ms. Bravo; this is not a new

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development. In fact, in your motion you are candid -- and I

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appreciate the candor -- it is by no means certain when Mr.

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Daudinot will be able to arrive in the United States.

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So why should I stay this for three months when you
say in three months he probably will not be here?

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MS. BRAVO:

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changes.

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June.

Your Honor, there have been substantial

We filed the case, and were before Your Honor in

We filed on -- right when we filed our second amended

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complaint, we filed with USCIS, Immigration, a petition for

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reunification; which was granted in October of 2014.

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THE COURT:

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MS. BRAVO: We were unable to because he was being held

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Why didn't you file it in July of 2013?

within the prison at that time.

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THE COURT:

And you knew that. When you filed this

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case, and made the legal strategic decision to file this case

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at the time you did, you knew your client was being held.

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MS. BRAVO: Yes.

But we also knew the way the system

worked there once he --

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THE COURT:

Did you know the way the system works

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here?

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you would like for me and a jury to review a matter and resolve

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it for you, and you would like us to put you on a schedule and

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you would like it to proceed.

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When you file a case in Federal Court you are telling me

MS. BRAVO: Yes, Your Honor.

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THE COURT:

And I have done all of that.

I have also

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given more time to the case because I knew of the difficulties

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you had discussed.

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going to just keep rolling it over.

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But I also advised you that we were not

MS. BRAVO: Correct, Your Honor, but there was an

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unfortunate event -- we fully expected him to be here by

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December. He was detained in September.

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Now, he has already been granted -- the petition was
accepted, he was also put in the Cuban Family Reunification
Program.

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They ask for certain things in that program; certified
copies of the birth certificate, the marriage certificate.

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And so there would be the interview and he would have

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been here. The problem is he was detained in September due to

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the same reason, and they took his passport so we couldn't get

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a copy of the passport.

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His attorney in Cuba is requesting either the passport

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to be returned or a copy of the passport so we can send it to

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Immigration. This should be complete within three months.

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And as officers of the Court we guarantee if we cannot

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resolve it within the stay period we will voluntary dismiss the

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case.

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THE COURT:

The other question I have -- and maybe I

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am not understanding what is being proposed -- but in paragraph

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12 of your motion it recites as of the filing neither party has

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THE COURT:

What about going to Cuba to take Mr.

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Daudinot's deposition?

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are situation where persons can because of the situation --

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I know Mr. Puig could not go, but there

MS. BRAVO: Your Honor, we would be willing to do that

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in Cuba; realizing that any person that goes would be running

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the risk of arrest and detainment.

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Because you are discussing torture partially committed

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by the Cuban Government.

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you go there.

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So you are running into danger when

I am a Cuban citizen -- I am an American citizen, but

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under Cuban law that doesn't exist. I am a Cuban citizen, he is

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a Cuban citizen, and to go there to ask about torture is

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dangerous even to non Cuban citizens.

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THE COURT:

Well I am not going to stay this matter,

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Ms. Bravo. I am going to deny that request. I think you should

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all prepare your case as best you can.

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I won't force Mr. Puig to sit for a deposition because

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Mr. Daudinot has not yet. But I cannot help but think there are

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other matters that could be taken care of, records, documents,

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other people.

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I could be wrong. No discovery has been taken for two

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years. And I have no assurance that Mr. Daudinot is going to

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get his passport back.

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Kind of begs the question why didn't somebody make a
copy of his passport before the Government seized it again?

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There seems to be no plan here for a matter that was

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filed in 2013.

And clearly a plan needed to have been adopted

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since there were clearly so many difficulties that presented

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itself with this case.

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So we will go forward on the schedule we have now. If

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per chance Mr. Daudinot gets all the appropriate paperwork and

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he can arrive here, and there is some reasonable discussion

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about why additional time is needed, I will revisit the issue.

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But right now you have a June discovery cutoff and you
have a November trial date.
All right. Is there anything else on behalf of either
Mr. Daudinot or Mr. Puig?

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MS. BRAVO: No, Your Honor.

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MR. SANTINI: No, Your Honor.

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THE COURT:

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We are adjourned.

HEARING CONCLUDED