IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 1:20-cv-22800-RNS

DIEGO AGNELLI, 

Plaintiff,

v.

LENNOX MIAMI CORP., 

Defendant.

 

PLAINTIFF’S MOTION FOR A ONE MONTH CONTINUANCE OF TRIAL AS A 

RESULT OF THE DENIAL OF PLAINTIFF’S VISA APPLICATION AND REQUEST 

FOR EXPEDITED RESOLUTION ON NEW VISA APPLICATION CURRENTLY 

PENDING OR, IN THE ALTERNATIVE, IN FURTHER SUPPORT OF BIFURCATION

AND REQUEST FOR EXPEDITED BRIEFING SCHEDULE

Plaintiff Diego Agnelli (“Agnelli”) respectfully requests that the Court enter an order (1) 

briefly continuing the trial and Calendar Call in this action; and (2) compelling Agnelli’s physical 

presence at trial. Given the quickly approaching trial and pretrial deadlines, Agnelli also requests 

that this Court permit an expedited briefing schedule and require Lennox to respond to this Motion 

within four (4) days. As set forth below, Agnelli does not seek (or want) to unnecessarily delay 

the trial of this matter, but rather seeks a continuance in order to allow him the additional time that 

his immigration attorney believes Agnelli will need to successfully obtain approval to enter the 

United States to physically attend this trial and the trial in his divorce proceeding, scheduled for 

June 2022. In support, Agnelli states:

A. The Court Should Grant a Brief Continuance To Allow Agnelli To Request 

Expedited Review of his New Visa Application and Issue an Order Compelling 

Agnelli’s Physical Attendance at Trial

1. As the Court is aware, in November 2021 Agnelli traveled to Argentina to receive 

a stamp on an O-1 Visa but, upon arrival at the U.S. Embassy in Buenos Aires, was informed there 

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was an issue with the visa and his previous B-1/B-2 visitor visa was revoked. As a result, Agnelli 

has been denied entry to the United States since, pending resolution of the immigration matter. See 

Exhibit A, Decl. of Leon Fresco at ¶ 5.

2. Consequently, on December 15, 2021 Agnelli filed a Motion to Continue Trial, 

seeking a brief extension to allow him time to address and resolve the issues with his immigration 

status. See Plaintiff’s Motion to Continue Trial and Request for Expedited Hearing [ECF No. 84].1

On December 23, 2021 the Court continued the trial to the two-week trial period beginning March 

28, 2022 [ECF No. 87]. 

3. Agnelli and his immigration counsel were in contact with the immigration 

authorities through the months of December 2021 and January 2022 and made every effort to 

expedite review of Agnelli’s immigration status. Exhibit A, Decl. of Leon Fresco at ¶ 6.

4. On February 4, 2022, the U.S. Embassy in Buenos Aires, however, informed 

Agnelli that his application for the O-1 Visa was denied under section 214(b) of the U.S. 

Immigration and Nationality Act (INA). In its notice to Agnelli, the Embassy stated that a denial 

under Section 214(b) means that Agnelli did not meet the requirements of the classification of the 

nonimmigrant visa for which he applied and that USCIS’s decision cannot be appealed. See Exhibit 

B; see Exhibit A, Decl. of Leon Fresco at ¶ 7.

5. Because it is his continued priority to return to the United States for trial, shortly 

thereafter, on February 15, 2022 Agnelli applied for a B1/B2 Business and Tourism (Temporary 

Visitor) Visa. However, the interview date given to Agnelli is May 31, 2023 — a year and three 

months from now. See Exhibit C; see also Exhibit A, Decl. of Leon Fresco at ¶ 8.

 

1 Agnelli incorporates the arguments made in his prior Motion to Continue Trial herein. See [ECF 

No. 84].

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6. In light of the above, at the moment Agnelli is unable to return to the United States 

for trial in this matter set for the two-week trial period beginning March 28, 2022.

7. Nevertheless, because Agnelli needs to be in the United States for both this trial 

and his divorce trial (which is set for trial in June 2022), Agnelli intends to file, and is working 

on, a request with the immigration authorities for expedited review of his B1/B2 Visa application. 

Immigration counsel estimates the expedited review process, if granted, could take three (3) to six 

(6) weeks. See Exhibit A, Decl. of Leon Fresco at ¶¶ 9, 10.

8. Immigration counsel also believes that the Order requested in this Motion 

(compelling Agnelli’s presence at his trial) would strongly support Agnelli’s efforts to expedite 

the B1/B2 Visa application that is currently pending. See, e.g., Dept. of State, 9 Foreign Affairs 

Manual (FAM) § 402.2-2(F) (“You should, where appropriate, expedite applications for the 

issuance of a visitor visa if the issuance is consistent with U.S. immigration laws and regulations

. . . You should give particular attention to applicants traveling to the United States to attend 

conferences, conventions, or meetings on specific dates.”); see Exhibit A, Decl. of Leon Fresco at 

¶¶ 9, 11–14. 

9. A similar order is being requested from Honorable Judge George A. Sarduy, the 

judge presiding over the divorce proceeding between Agnelli and Analia Castellanos—again, 

scheduled for trial in June 2022.

10. Taking into account the amount of time that Immigration Counsel reasonably 

believes could be necessary for the U.S. immigration authorities to act on Agnelli’s petition that 

his visa application be expedited, Agnelli respectfully requests that the Court grant a brief one (1) 

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month2continuance of trial to allow for the expedited review process to be considered and 

addressed.

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11. Relatedly, and as stated above, Agnelli also respectfully asks the Court to enter an 

Order requiring Agnelli’s presence for his trial. An Order from the Court to this effect is necessary

to support Agnelli’s request for an expedited review of his application. See Exhibit A, Decl. of 

Leon Fresco at ¶¶ 11–14. Without it, the chances that the immigration authorities will grant 

Agnelli’s request are not high. See id. at ¶ 14. Agnelli has attached a proposed order for the Court’s 

consideration to this effect. See Exhibit D. 

B. In the Alternative, the Court Should Consider the Above Developments on 

Agnelli’s Immigration Status and Grant Agnelli’s Motion for Bifurcation

12. Agnelli’s O-1 Visa application was denied, and absent expedited review of 

Agnelli’s new B1/B2 Visa application, Agnelli will not be able to return to the United States in 

time for a trial in the next few months. As explained in Agnelli’s prior Motion to Continue (ECF 

No. 84), it would be fundamentally unfair and prejudicial to Agnelli if he were not physically 

present in the United States to both prepare for and attend trial.

13. Notwithstanding the above, Agnelli is prepared to go forward on March 28, 2022 

with a limited trial or evidentiary hearing on his claim for Judicial Dissolution of Lennox Miami 

Corp., which relates to the valuation of Agnelli’s shares of the company. As explained in Agnelli’s 

Motion for Bifurcation (ECF No. 68), the limited trial on the issues relating to the valuation of 

 

2 Given that the current trial date is March 28, 2022 a one-month continuance would likely mean 

Calendar Call and Trial in this matter would be set for the last week of April or first week of May. 

The undersigned respectfully notifies the Court that trial counsel in this matter, J. Raul Cosio, is 

unavailable from May 29, 2022 until mid-June.

3 While the granting a continuance of trial is limited to exceptional circumstances, see S.D. Local 

Rule 7.6, a court cannot deny a continuance where the need for one is warranted. See Gastaldi v. 

Sunvest Resort Communities, LLC, 709 F. Supp. 2d 1284, 1291 (S.D. Fla. 2010).

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Agnelli’s shares of Lennox Miami Corp. is expected to center around the testimony of four (4) 

valuation expert witnesses. Unlike the other claims at issue, the valuation claims do not require 

Agnelli’s in-person preparation with counsel, testimony or physical attendance in court. 

14. Therefore, in the alternative to a continuance of the full trial, Agnelli respectfully 

requests the Court bifurcate trial, allowing the parties to proceed with phase one to address only 

the valuation of Agnelli’s 12.5% shares in Lennox Miami Corp. during the March 28, 2022 trial 

period and allowing phase two, the adjudication of the issues surrounding the employment claims, 

to be tried at a later date when Agnelli is able to return to the United States. 

WHEREFORE, Plaintiff respectfully requests that the Court (1) grant a continuance of 

one month for the trial and Calendar Call in this action to allow Agnelli time to seek expedited 

review of his application, return to the United States, and prepare for trial; (2) enter the attached 

Proposed Order compelling Agnelli’s physical attendance at trial so that Agnelli may submit it in 

support of his request for expedited review of his visa application. In the alternative, Plaintiff 

respectfully renews his request that the Court grant his Motion for Bifurcation [ECF No. 68].

Lastly, in light of fast-approaching trial and pre-trial deadlines, Agnelli respectfully requests that 

this Court permit an expedited briefing schedule and require Lennox to respond to this Motion 

within four (4) days. 

CERTIFICATE OF CONFERRAL

In accordance with Local Rule 7.1(a)(3), the undersigned certifies having conferred with 

counsel for Defendant, who opposes the relief requested herein.

Respectfully submitted, HOLLAND & KNIGHT LLP

701 Brickell Avenue, Suite 3300

Miami, Florida 33131

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s/Raul Cosio 

Jesus E. Cuza

Florida Bar No. 42899

jesus.cuza@hklaw.com

J. Raul Cosio

Florida Bar No. 503630

raul.cosio@hklaw.com

Brian H. Koch

Florida Bar No. 637335

brian.koch@hklaw.com

Annelise Del Rivero

Florida Bar No. 1003234

annelise.delrivero@hklaw.com

Attorneys for Plaintiff

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that the foregoing was served on February 22, 2022 via 

CMECF electronic filings.

/s/ Raul Cosio

Raul Cosio 

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