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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-CV-22671 

DELIO BATISTA,

CARLOS LOPEZ,

MARIANA LOPEZ, and

RAFAELA VALIENTE, 

Plaintiffs,

vs. 

AVANT ASSURANCE INC., 

REINIER CORTES, AND

ANDREA GONZALEZ QUINTERO,

Defendants, 

______________________________/

DEFENDANTS’ FIRST REQUEST FOR ADMISSIONS

TO PLAINTIFF

 Defendants, AVANT ASSURANCE INC., ET AL (hereinafter 

“Defendants”), by and through undersigned counsel and pursuant to Rule 36 of the Federal 

Rules of Civil Procedure, hereby request Plaintiff Delio Batista to admit or deny the 

following matters and deliver them to the undersigned within 30 days of the date of service 

of these requests.

DEFINITIONS

1. “Communication” means any oral or written utterance, notation or statement of any nature 

whatsoever, by and to whomsoever made, including correspondence, conversations, 

dialogues, discussions, e-mails, interviews, meetings, consultants, agreements, and other 

understandings between or among two or more people. 

2. “Complaint” means the governing Complaint in the above-captioned action, currently the 

First Amended Complaint.

3. “Concerning” or “Regarding” means relating to, referring to, describing, evidencing, 

joining, affecting, showing, reflecting, touching on, bearing on or constituting. 

4. “Document” is used in the broadest sense permitted under the Federal Rules of Civil 

Procedure and includes, but is not limited to, all originals, non-identical copies and copies 

with marginal notations or interlineations of any writing, e-mail, text message, computer 

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data, sworn statement, deposition transcript, affidavit, recording, photograph, or other item 

containing information of any kind or nature, however produced or reproduced, whatever 

its origin or location, and regardless of the form maintained. The term “Document” also 

includes all Communications and all Electronically Stored Information. 

5. “All Documents” means every document or group of documents or communication as 

above defined that are known to you or that can be located or discovered by reasonably 

diligent efforts.

6. “Electronically Stored Information” refers to all computer or electronically stored or 

generated data and information, and shall include all attachments to and enclosures with 

any requested item, and all drafts thereof. Electronically Stored Information includes (but 

is not limited to): e-mails; text messages; messages sent via messaging 

services/applications (such as WeChat, WhatsApp, Messenger, Facebook Messenger, etc.); 

word-processing documents; electronic spreadsheets; electronic presentation documents; 

image files; sound files; and material or information stored in a database, or accessible 

from a database. Electronically Stored Information also includes all associated metadata 

that is maintained or saved, which includes: document title or name; file name; date and 

time of creation; date and time of last edit; identity of author; identity of owner; identities 

of editors; identities of recipients; changes; history of changes; e-mail header information; 

history of who viewed an e-mail and when; and e-mail routing information. 

7. “Including” shall mean including but not by way of limitation.

8. “Lawsuit” means the above-captioned case, currently pending in the Federal District Court 

of the Southern District of Florida.

9. “Person” means any natural person, individual, proprietorship, partnership, corporation, 

association, organization, joint venture, firm, or other business enterprise, governmental 

body, group of natural persons or other entity. 

10. “Agreement” refers to the Articles of Incorporation attached to the Amended Complaint 

as Exhibit “A.” 

11. “Plaintiff” refers to DELIO BATISTA and includes any agents, servants, and other persons 

acting or purporting to act on Plaintiff’s behalf.

12. “Defendant” refers to Defendants, AVANT ASSURANCE INC, REINER CORTES, and 

ANDREA GONZALEZ QUITERO and includes any agents, servants, and other persons 

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acting or purporting to act on Defendant’s behalf. 

13. All capitalized terms not otherwise defined herein shall have the same meaning ascribed to 

them in the Amended Complaint.

14. All words in the present tense include the past, and all words in the past tense include the 

present tense.

15. As used herein, the singular shall include the plural, the plural shall include the singular, 

and masculine, feminine, and neuter shall include each of the other genders. 

INSTRUCTIONS

Unless otherwise instructed, the date range for these requests shall be March 6, 2023

through the date your responses to these requests are served. 

REQUEST FOR ADMISSIONS PLAINTIFF RAFAELA VALIENTE

1. Admit that, Plaintiff entered into and executed an Independent Contractor agreement for 

Services as Free lance Insurance agent. 

2. Admit that the Independent Contractors Agreement is in full force, operational and 

enforceable.

3. Admit that Plaintiff Invoiced defendant for services rendered under the Independent 

Contractor’s agreement.

4. Admit that Plaintiff received IRS 1099 NEC Forms from Defendant for non-employee 

services rendered.

5. Admit that Plaintiff administers and manages his/her own hours and client approach. 

6. Admit that Defendants duty, under the Independent Contractors agreement is to supply 

leads for sales.

7. Admit that Plaintiff is and was compensated upon closed sales of Insurance Policies.

8. Admit that Plaintiff at all times, has been compensated as per the Independent 

Contractors Agreement.

9. Admit that Plaintiff filed complaint as an individual.

10. Admit that Plaintiff received letter of demand from Defendant prior to filing Complaint.

11. Admit that Plaintiff filed Complaint, only after receiving Defendant’s letter of demand. 

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 9 day of February, 2023, a true and correct copy of 

the foregoing has been furnished by electronic mail to all counsel of record. 

CUETO LAW GROUP P.L.

Attorneys for Defendants 

4000 Ponce de Leon Blvd., Suite 470 

Coral Gables, Florida 33146 

Tel.: (305) 777-0377 

Fax: (305) 777-0449 

Email: sc@cuetolawgroup.com 

By: /s/ Santiago Cueto 

SANTIAGO CUETO, ESQ.

 Florida Bar No.: 0162566

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