UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

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

DELIO BATISTA, 

CARLOS LOPEZ,

MARIANA LOPEZ and

RAFAELA VALIENTE,

Plaintiffs,

vs.

AVANT ASSURANCE INC., 

REINIER CORTES, AND 

ANDREA GONZALEZ QUINTERO,

Defendants.

______________________________/

SPECIAL INTERROGATORIES TO THE JURY

Do you find from a preponderance of the evidence:

Delio Batista

1. That Delio Batista was an employee under the FLSA of:

(Please mark “YES” or “NO” for each you find was an employer):

Avant Assurance Inc. _____________

Reinier Cortes _____________

Andrea Gonzalez Capote _____________

Case 1:22-cv-22671-CMA Document 88-1 Entered on FLSD Docket 07/03/2023 Page 1 of 6
If you answered “YES” to one or more of the above in Question 1, 

please answer Question 2.1 If you answered “NO” to all the above, 

please skip to Question 3.

2. That Defendants failed to pay Delio Batista the overtime wages

required by law:

Answer “YES” or “NO” _____________

If “YES,” in what amount _____________

Please answer Question 3.

3. That Defendants failed to pay Delio Batista bonuses and/or 

commissions in breach of the parties’ contract:

Answer “YES” or “NO” _____________

If “YES,” in what amount _____________

If you answered “YES” to Question 3, please skip to Question 5. 

If you answered “NO” to Question 3, please answer Question 4.

4. That Defendants failed to pay Delio Batista bonuses and/or 

commissions that unjustly enriched the Defendants:

Answer “YES” or “NO” _____________

1 Defendants requested that the Court include the Retail Sales exemption as an 

affirmative defense and on the verdict form. The Court struck that defense from the jury 

instructions and verdict form at the Calendar Call with leave to re-assert it after the close 

of the evidence. Defendants request that the Court include on the verdict form a question 

that asks the jury to answer for each Plaintiff whether s/he “was exempt from the overtime 

pay provisions of the FLSA under the retail sales exemption.” Plaintiffs object to this 

defense or the inclusion of such a question on the verdict form and maintain that the sale 

of insurance does not qualify as “retail” sales. 

Case 1:22-cv-22671-CMA Document 88-1 Entered on FLSD Docket 07/03/2023 Page 2 of 6
If “YES,” in what amount _____________

Please answer Question 5. 

Carlos Lopez

5. That Carlos Lopez was an employee under the FLSA of:

(Please mark “YES” or “NO” for each you find was an employer):

Avant Assurance Inc. _____________

Reinier Cortes _____________

Andrea Gonzalez Capote _____________

If you answered “YES” to one or more of the above in Question 5, 

please answer Question 6. If you answered “NO” to all the above in 

Question 5, please skip to Question 7.

6. That Defendants failed to pay Carlos Lopez the overtime wages

required by law:

Answer “YES” or “NO” _____________

If “YES,” in what amount _____________

Please answer Question 8.

7. That Defendants failed to pay Carlos Lopez bonuses and/or 

commissions in breach of the parties’ contract:

Answer “YES” or “NO” _____________

If “YES,” in what amount _____________

If you answered “YES” to Question 7, please skip to Question 9. 

If you answered “NO” to Question 7, please answer Question 8.

Case 1:22-cv-22671-CMA Document 88-1 Entered on FLSD Docket 07/03/2023 Page 3 of 6
8. That Defendants failed to pay Carlos Lopez bonuses and/or 

commissions that unjustly enriched the Defendants:

Answer “YES” or “NO” _____________

If “YES,” in what amount _____________

Please answer Question 9.

Mariana Lopez

9. That Mariana Lopez was an “employee” under the FLSA of:

(Please mark “YES” or “NO” for each you find was an employer):

Avant Assurance Inc. _____________

Reinier Cortes _____________

Andrea Gonzalez Capote _____________

If you answered “YES” to one or more of the above in Question 9, 

please answer Question 10. If you answered “NO” to all the above in 

Question 9, please skip to Question 11.

10.That Defendants failed to pay Mariana Lopez the overtime wages

required by law:

Answer “YES” or “NO” _____________

If “YES,” in what amount _____________

Please answer Question 11.

11.That Defendants failed to pay Mariana Lopez bonuses and/or 

commissions in breach of the parties’ contract:

Case 1:22-cv-22671-CMA Document 88-1 Entered on FLSD Docket 07/03/2023 Page 4 of 6
Answer “YES” or “NO” _____________

If “YES,” in what amount _____________

If you answered “YES” to Question 11, please skip to Question 13. 

If you answered “NO” to Question 11, please answer Question 12.

12.That Defendants failed to pay Mariana Lopez bonuses and/or 

commissions that unjustly enriched the Defendants:

Answer “YES” or “NO” _____________

If “YES,” in what amount _____________

Please answer Question 12.

Rafaela Valiente

13.That Rafaela Valiente was an “employee” under the FLSA of:

(Please mark “YES” or “NO” for each you find was an employer):

Avant Assurance Inc. _____________

Reinier Cortes _____________

Andrea Gonzalez Capote _____________

If you answered “YES” to one or more of the above in Question 13, 

please answer Question 14. If you answered “NO” to all the above in 

Question 13, please skip to Question 15.

14.That Defendants failed to pay Ravaela Valiente the overtime wages

required by law:

Answer “YES” or “NO” _____________

If “YES,” in what amount _____________

Case 1:22-cv-22671-CMA Document 88-1 Entered on FLSD Docket 07/03/2023 Page 5 of 6
Please answer Question 15.

15.That Defendants failed to pay Rafaela Valiente bonuses and/or 

commissions in breach of the parties’ contract:

Answer “YES” or “NO” _____________

If “YES,” in what amount _____________

If you answered “YES” to Question 15, please sign and date your 

verdict. If you answered “NO” to Question 15, please answer Question 

16.

16.That Defendants failed to pay Rafaela Valiente bonuses and/or 

commissions that unjustly enriched the Defendants:

Answer “YES” or “NO” _____________

If “YES,” in what amount _____________

SO SAY WE ALL.

___________________________

Foreperson’s Signature

DATE: ___________________

Case 1:22-cv-22671-CMA Document 88-1 Entered on FLSD Docket 07/03/2023 Page 6 of 6