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PD.35123105.1 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

ALLAN GARFINKEL, 

Plaintiff, 

Case No.: 0:20-cv-61617-AHS 

vs. 

SCOTTSDALE INSURANCE COMPANY, 

Defendant. 

_____________________________________/ 

DEFENDANT SCOTTSDALE INSURANCE COMPANY’S MOTION FOR CONTEMPT 

Defendant, Scottsdale Insurance Company (“Scottsdale”), pursuant to Federal Rule of 

Civil Procedure 45(g), moves for entry of an Order: (1) holding non-party Leak Detector, Inc. 

(“Leak Detector”) in contempt for failing to appear for deposition which was scheduled for August 

19, 2021 at 2:00 p.m. In support of this Motion, Scottsdale would state as follows: 

1. The Corporate Representative of Leak Detector’s deposition was set for August 

19, 2021 at 2:00 p.m. 

2. On July 27, 2021, the process server for Serve Legal Process, Inc. served Eljlis 

Hernandez as co-resident at 515 W. 45th Place, Hialeah, Florida 33012, which is the address 

for Juan R. Rodriguez who is the Registered Agent, President and Director for Leak Detector, 

Inc. A copy of the Return of Service and a copy of the Division of Corporations’ Detail by 

Entity Name are attached hereto as Composite Exhibit “A.”

3. On August 19, 2021 at 2:00 p.m. the Corporate Representative of Leak 

Detectors failed to appear for deposition and produce documents requested in the Subpoena to 

Testify at a Deposition in a Civil Action. A copy of the Certificate of Nonappearance is 

attached hereto as Exhibit “B.”

Case 0:20-cv-61617-AHS Document 32 Entered on FLSD Docket 08/23/2021 Page 1 of 3
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PD.35123105.1 

WHEREFORE, Scottsdale respectfully requests that its Motion for Contempt be 

granted and that the Court enter an Order finding Leak Detector in contempt and compelling 

the Corporate Representative of Leak Detector to comply with the subpoena duces tecum for 

the deposition rescheduled for August 27, 2021 at 2:00 p.m. and produce all responsive 

documents to Scottsdale at said time of the rescheduled deposition. 

LOCAL RULE 7.01(3) CERTIFICATION

Defendant hereby certifies that counsel has conferred via zoom conference with Jana Rauf, 

Esq. and has been informed that counsel for Plaintiff does not agree or oppose this Motion. 

Dated: August 23, 2021. 

Respectfully submitted, 

PHELPS DUNBAR LLP 

/s/ Chancey O. Smith 

Patricia A. McLean, Esq. 

Fla. Bar #129143 

Chancey O. Smith, Esq., 

Fla. Bar #122255 

100 South Ashley Drive, Suite 2000 

Tampa, Florida 33602 

Telephone: 813 472 7550 

Facsimile: 813 472 7570 

Email: mcleanp@phelps.com 

Email: chancey.smith@phelps.com 

Attorneys For Scottsdale Insurance Company 

Case 0:20-cv-61617-AHS Document 32 Entered on FLSD Docket 08/23/2021 Page 2 of 3
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PD.35123105.1 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on August 23, 2021, I electronically filed the foregoing with 

the Clerk of Court by using the CM/ECF system, which will provide a Notice of Electronic Filing 

to all counsel of record on the service list below. 

/s/ Chancey O. Smith 

Attorney 

SERVICE LIST 

Gregorie Dolce, Esq. 

Jana A. Rauf, Esq. 

Yisroel Silverman, Esq. 

Asher Perlin, Esq. 

service@ILGPA.com 

INSURANCE LITIGATION GROUP, P.A. 

1500 N.E. 162nd Street 

Miami, Florida 33162 

(786) 529-0090 

Attorneys for Plaintiff, Allan Garfinkel 

Case 0:20-cv-61617-AHS Document 32 Entered on FLSD Docket 08/23/2021 Page 3 of 3