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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-CV-22671-ALTONAGA/TORRES

DELIO BATISTA,

MARIANA LOPEZ,

CARLOS LOPEZ, AND 

RAFAELA VALIENTE,

Plaintiffs,

vs.

AVANT ASSURANCE INC., 

REINIER CORTES, AND 

ANDREA GONZALEZ 

QUINTERO,

Defendants.

______________________________/

PLAINTIFF’S UNOPPOSED MOTION TO 

RESCHEDULE SETTLEMENT CONFERENCE 

Plaintiffs, Delio Batista, Mariana Lopez, Carlos Lopez, and Rafaela Valiente, through their

undersigned counsel, request the Court to reschedule the Settlement Conference set for February 

6, 2023 at 10:00am based on the following:

1. This Court entered a Notice Scheduling Settlement Conference for Tuesday, 

February 7, 2023 at 10:00am. [ECF No. 38].

2. On February 2, 2023, the Court entered a notice rescheduling settlement 

conference for February 6, 2023. [ECF No. 40].

3. However, undersigned counsel has to appear for a scheduling conference in Case 

No. 1:22-cv-00342-RH-MJF at the same time on February 6, 2023 at 10:00 a.m. See Exhibit A. 

4. That hearing has been scheduled since January 25, 2023. 

Case 1:22-cv-22671-CMA Document 41 Entered on FLSD Docket 02/02/2023 Page 1 of 3
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5. Furthermore, it took undersigned counsel more than a week to coordinate the 

appearances of his (4) clients at the settlement conference in this case. 

6. Plaintiffs were set to appear in-person at undersigned counsel’s office on February

7, 2023 in order to facilitate the management of the settlement conference. 

7. None of the Plaintiffs speak English and need an interpreter to translate the 

proceedings for them, which is easier to do if they are all in one place at one time. 

8. Additionally, this Court entered an Order instructing the Defendants to respond to 

Plaintiff’s Statement of Claim by February 6, 2023. [ECF No. 39]. 

9. Plaintiffs need the Defendants’ response to their Statement of Claim to be prepared 

for the settlement conference. 

10. The rescheduling of the settlement conference on the same day that the response to 

the Statement of Claim is due will not allow undersigned counsel to adequately advise his clients 

on the contents of the response.

11. Specifically, Plaintiffs will not be prepared to participate in the settlement 

conference if they receive the response to the Statement of Claim the morning of, or after, the 

conference on February 6, 2023. 

12. For all of the above reasons, the Plaintiffs respectfully request the Court to 

reschedule the settlement conference in this case after allowing the parties to coordinate a date and 

time that is convenient for their respective clients. 

LOCAL RULE 7.1 CERTIFICATION

Counsel for the movant conferred by phone with the office of Defendants’ counsel who 

agreed to the relief requested above.

Case 1:22-cv-22671-CMA Document 41 Entered on FLSD Docket 02/02/2023 Page 2 of 3
135 San Lorenzo Avenue, Suite 770, Coral Gables, Florida 33146

TEL 305.230.4884 FAX 305.230.4844

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s/Toussaint Cummings, Esq.

Toussaint M. Cummings, Esq.

Respectfully submitted on February 2, 2023.

s/Toussaint Cummings, Esq.

Toussaint M. Cummings, Esq.

Fla. Bar No. 119877

toussaint@fairlawattorney.com

FAIRLAW FIRM

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

Tel: 305.230.4884

Counsel for Plaintiff

Case 1:22-cv-22671-CMA Document 41 Entered on FLSD Docket 02/02/2023 Page 3 of 3