Corbacho Daudinot v. Puig Valdes et al

Filing 82

NOTICE by Miguel Angel Corbacho Daudinot of Filing Newly Discovered Evidence in Support of Plaintiff's Response in Opposition to Defendant's Motion for Rule 37 Sanctions (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Bravo, Kenia)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIGUEL ANGEL CORBACHO DAUDINOT
Plaintiff,

CASE NO.: 1:13-cv-22589-KMW

v.
YASIEL PUIG VALDES a/k/a YASIEL PUIG
and MARITZA VALDES GONZALEZ.
Defendants.
______________________________________/
NOTICE OF FILING NEWLY DISCOVERED EVIDENCE IN SUPPORT OF
PLAINTIFF’S RESPONSE TO DEFENDANTS’ MOTION FOR RULE 37 SANCTIONS
Plaintiff, by and through the undersigned counsel, files this Notice of Filing Newly
Discovered Evidence in Support of Plaintiff’s Response to Defendant’s Motion for Sanctions,
and in support thereof states:
1.

On May 8, 2015, Plaintiff filed his Response to Defendants’ Motion for Rule 37

Sanctions [DE 74]. At the time of filing that Response, Plaintiff was not privy to certain relevant
evidence, which he learned two days ago, May 18, 2015, that brings new light to this Motion for
Sanctions.
2.

During March of 2015, after many months of clearing his record and obtaining

permission to travel, Plaintiff went to the airport in Cuba, ready to leave the country in order to
participate in the deposition scheduled for April 21, 2015.
3.

The Plaintiff was boarding the plane when he was pulled out of the line because

his name appeared on the DNI no-fly list. The Plaintiff assumed that his name was appearing on
the list as a result of some miscommunication between bureaucratic departments regarding the
early release from the sentence in his Cuban criminal case from which springs the nexus of the
case at bar.
4.

Plaintiff learned on Monday, May 18, 2015, that he was on the DNI no-fly list

because of a 2011 Cuban criminal case, in which Yasiel Puig was once again accusing
individuals of human trafficking.

5.

Plaintiff was not a party to that 2011 Cuban case and has no other criminal

proceedings in Cuba, however, Yasiel Puig was involved in so many cases in Cuba in which he
was accusing individuals of Human Trafficking, that the Cuban court had a template for cases
involving his accusations.
6.

In one particular case in which Yasiel Puig was the accuser, identified by

Sentence number 229 that took place on May 23, 2011 in file No. 93 of 2011, the court utilized
that template, which contained portions of Corbacho Daudinot’s criminal case to write the order
for the 2011 case, and failed to remove Corbacho Daudinot from the sentencing portion of the
order, making it appear as if Corbacho Daudinot received a second 7-year prison sentence in that
2011 case. Attached as “Exhibit A” is the 2011 sentence in which Yasiel Puig is accusing two
other men of Human Trafficking. 12
7.

The 2011 case was one where Puig was accusing two men—Alberto Yosbel

Bermudez Ferrer and Juan Carlos Lao Gonzalez—who had previously been unknown to
Plaintiff, of Human Trafficking. That raises the number of known persons that Puig has accused
of Human Trafficking to eleven (11), including Corbacho Daudino, Alexander Orozco Noa,
Carlos Ivan Hernandez Concepcion, Pablo Camejo Reyes, Odalys Diaz Gonzalez, Armando Muñiz,
Eyder Diaz Calderin, Honorio Diaz, and Captain Eugenio Cañada Perez, the last of whose family
is in the United States and seeking legal grievance against Puig for Cañada’s imprisonment and
torture in Cuba.
8.

Even though he was not part and party to the controversy in the 2011 case,

Corbacho Daudinot nonetheless appears in the sentencing order, making appears as though he
has a second seven-year sentence for Human Trafficking.
9.

It was once again Yasiel Puig’s wrongful practice of accusing persons of Human

Trafficking that caused Plaintiff to be unable to come to the United States.
10.

Plaintiff is now in the process of attempting to remove himself from the no-fly list

due to the 2011 criminal case in which he is not even a party.

1

On page 4 of the Cuban Order and page 4 of the translation.
For reference, attached as “Exhibit B” is the Cuban Criminal sentence of Corbacho Daudinot, Sentence No. 405,
from October 2010 in the file No. 339 of 2010. On page 5 of this order is the wording of his sentence, which was
exactly reproduced in the 2011 case, of which he was not a party, but in which he appears in the sentencing order.
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11.

This new evidence is particularly pertinent to opposing Defendants’ Motion for

Sanctions because Defendants are claiming throughout their Motion and Reply that Plaintiff
acted in bad faith in failing to appear for his deposition, when it was Defendants’ continued
practice of accusing persons indiscriminately of Human Trafficking in Cuba that kept Plaintiff
from attending the deposition or coming to the United States.
By: s/Kenia Bravo
_
Kenia Bravo, Esq., FBN 68296
Avelino J. Gonzalez, Esq., FBN 75530
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the forgoing document was filed
using CM/ECF on May 21, 2015 and that there are no other persons of interest who need to be
served.
By: s/Kenia Bravo
_
Kenia Bravo, Esq., FBN 68296
Avelino J. Gonzalez, Esq., FBN 75530
Law Offices of Avelino J. Gonzalez, P.A.
6780 Coral Way, Miami, Florida 33155
Ph: 305-668-3535; Fax: [phone]
E-mail: [e-mail]

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