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1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 22-cv-22671-CMA

DELIO BATISTA, CARLOS LOPEZ,

MARIANA LOPEZ and RAFAELA

VALIENTE,

Plaintiffs,

vs.

AVANT ASSURANCE, INC.,

REINIER CORTES and ANDREA

GONZALEZ QUINTERO,

Defendants.

Miami, Florida

July 13, 2023

9:06 a.m. to 12:53 p.m.

Courtroom 13-3

(Pages 1 to 146)

JURY TRIAL - DAY 4

BEFORE THE HONORABLE CECILIA M. ALTONAGA,

CHIEF UNITED STATES DISTRICT JUDGE

APPEARANCES:

FOR THE PLAINTIFFS: BRIAN H. POLLOCK, ESQ.

TOUSSAINT M. CUMMINGS, ESQ.

FairLaw Firm

135 San Lorenzo Ave, Ste 770

Coral Gables, FL 33146-1878

(305) 230-4884

brian@fairlawattorney.com

toussaint@fairlawattorney.com

FOR THE DEFENDANTS: DANIEL E. TROPP, ESQ.

Law Offices of Daniel E. Tripp, Esquire

5750 Collins Ave, Apt 4A

Miami Beach, FL 33140-2316

(305) 814-2035

dantropp@bellsouth.net

SANTIAGO A. CUETO, ESQ.

Santiago A. Cueto

2100 Ponce De Leon Blvd., Ste 1250

Coral Gables, FL 33134-5267

(305) 777-0377

sc@cuetolawgroup.com

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APPEARANCES CONTINUED:

REPORTED BY: STEPHANIE A. McCARN, RPR

Official Court Reporter

400 North Miami Avenue

Thirteenth Floor

Miami, Florida 33128

(305) 523-5518

Stephanie_McCarn@flsd.uscourts.gov

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I N D E X

WITNESSES

WITNESSES FOR THE PLAINTIFFS: Page

--

WITNESSES FOR THE DEFENDANTS: Page

Alix Lesesma 4

Katrina Guerra

Direct Examination by Mr. Cueto 6

Direct Examination (Cont'd.) by Mr. Tropp 13

Cross-Examination by Mr. Pollock 42

Redirect Examination by Mr. Tropp 52

Recross Examination by Mr. Pollock 57

EXHIBITS IN EVIDENCE IDENTIFIED ADMITTED

Plaintiffs' Exhibit No. -- --

Defendants' Exhibit No. -- --

MISCELLANEOUS

Page

Proceeding........................................ 4

Closing Argument on Behalf of the Plaintiffs...... 67

Closing Argument on Behalf of the Defendants...... 77

Rebuttal Argument of Behalf of the Plaintiffs..... 94

Court's Closing Instructions...................... 108

Court Reporter's Certificate...................... 128

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Proceedings

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

4

(The following proceedings were held at 9:06 a.m.)

THE COURTROOM DEPUTY: All rise.

THE COURT: Good morning. Are we ready to proceed?

MR. CUETO: Just waiting for counsel, Mr. Tropp; he

stepped outside.

THE COURT: Let's bring the jury in, please.

(The jury entered the courtroom at 9:06 a.m.)

THE COURT: Good morning, ladies and gentlemen, and

welcome back. Thank you for being so punctual. Please be

seated.

(Pause in proceedings.)

MR. CUETO: My apologies. Counsel would be here in

about three minutes, he said.

THE COURT: Who is the next witness?

MR. CUETO: Mr. Cortes -- I'm sorry, Alix.

THE COURT: Let -- let's bring the witness on to the

witness stand, please.

(Pause in proceedings.)

THE COURT: Please raise your right hand, ma'am.

(Time 9:09 a.m.)

ALIX LESESMA,

a witness for Defendants, testified as follows:

THE WITNESS: I do.

THE COURT: Please be seated.

MR. POLLOCK: Your Honor, I am going to object to the

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Proceedings

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Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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recall of this witness. She was already crossed by the

Defendants.

THE COURT: I don't think that's a basis.

MR. POLLOCK: Okay.

THE COURT: Let's proceed.

MR. CUETO: Your Honor, I apologize. We need an

interpreter for Alix. We need to call Katrina first.

THE COURT: All right. Just put your witness on.

We're ready here. What witness do you want to call?

MR. CUETO: I would like to call Katrina because we

need an interpreter for Alix.

THE COURT: I understand. So bring your witness in

that you can proceed with.

MR. CUETO: I'll get her.

THE COURT: All right.

Ma'am, you may step off. Thank you.

(Pause in proceedings.)

THE COURT: Please approach. Please raise your right

hand.

(Time 9:11 a.m.)

KATRINA GUERRA,

a witness for Defendants, testified as follows:

THE WITNESS: Yes.

THE COURT: Please be seated. Please state and your

spell your name.

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Direct Examination - Katrina Guerra

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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THE WITNESS: My name is Katrina --

THE COURT: Speak into the microphone, please.

THE WITNESS: My name is Katrina, K-A-T-R-I-N-A. Last

name is Guerra, G-U-E-R-R-A.

THE COURT: Thank you.

DIRECT EXAMINATION

BY MR. CUETO:

Q. Good morning, Ms. Guerra.

A. Good morning.

Q. Are you currently employed?

A. Yes.

Q. Okay. And who are you employed by?

A. Avant Assurance.

Q. And how long have you been with Avant Assurance?

A. In October, it's gonna be two years.

THE COURT REPORTER: I'm sorry, how many -- how many

years?

THE WITNESS: In October will be two years.

BY MR. CUETO:

Q. And what is your current position at Avant?

A. I am a call center manager.

Q. And what are your duties and responsibilities as a call

center manager?

A. Basically to assist the senior call center manager, do

performance reviews, listen to calls, help train agents, things

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Direct Examination - Katrina Guerra

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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of that -- of that nature.

Q. When you first started with Avant, what was your position

at the time? What did you -- what position did you interview

for?

A. I interviewed for a sales agent, 1099.

Q. And do you recall, what were your duties and

responsibilities as a -- as a sales agent?

A. As a sales agent, it was basically to help provide

insurance, health insurance for clients.

Q. And how did you come to learn about Avant Assurance?

A. I had put my résumé out, and I was called in for -- for an

interview for the position.

Q. Okay. And did you meet with anybody at Avant for the

interview?

A. Um, with the owner, Reinier Cortes.

Q. Did you meet with anybody else?

A. No.

Q. Okay. And did you -- did you sign a contract, any kind of

contract with --

A. No.

Q. -- at the time?

A. No, I did not. I don't believe so.

Q. Okay. And what was your understanding of the relationship

that you were assigned -- that you were -- the position that

you were entering into?

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Direct Examination - Katrina Guerra

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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A. Basically to have a flexible position where I can go ahead

-- there were resources available for me from 9:00 to 9:00

during the open enrollment period so that way we can go ahead

and, you know, help get people enrolled in the Obamacare

program.

Q. Was it your understanding you were -- as -- you were an

employee or an independent contractor?

A. Independent contractor.

Q. Okay. And why do you say that?

A. Well, basically there was, you know, the flexibility. It

wasn't, you know, a specific time that I had to be there.

There were no benefits. We got paid strictly commissions. You

know, having previously had that -- you know, being in the 1099

position, it was very similar to my, you know, previous

position as a 1099.

Q. And what -- what was promised -- what was your

understanding of what was promised to you in terms of how you

are going to get paid at Avant Assurance as -- as a sales

agent?

A. Basically we were told, you know, each carrier, what they

were paying per member, and that's what we would get as far as

commission.

Q. Was it your -- your understanding that your only -- that

your compensation was only based on commission, or was there

another component to that?

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Direct Examination - Katrina Guerra

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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A. Commission and bonuses depending on the amount of members

that were enrolled and that, you know, stood on the books for

us.

Q. And how was that conveyed to you? How do you understand

that to be?

A. I'm sorry, I don't understand the question exactly.

Q. How does that compensation plan come to your knowledge?

Who told you about this compensation plan?

A. The owner.

Q. Okay. And the owner is Mr. Cortes?

A. Correct.

Q. Can you talk a little bit about the -- the hours that you

worked.

A. The hours that I worked? Well, for open enrollment, you

know, you were able to work from 9:00 to 9:00. I have four

children, so I really went ahead and maximized my time there.

But, you know, on the other hand, if I ever needed a day off

or, you know, if I needed personal time, there was never any

issues, which to me was huge. Being able to maximize, you

know, the opportunity that I had when available, but if I

needed to step back for something personal, being able to do

so.

Q. You said you were -- you were able to -- to work. What do

you mean by that, able to work? Were you required to work, or

you had access to the workplace?

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Direct Examination - Katrina Guerra

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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A. I had access to the workplace.

Q. So, in other words, if you wanted to work an hour from 9:00

9:00 -- 9:00 to 10:00, let's say, if one of your children had

activities for the rest of the day, you could have?

A. Correct.

Q. Were there any repercussions? Did you have to tell

anybody?

A. No. I mean, out of courtesy, you know, I would, you know,

say, I have to do such and such, but it was never mandatory.

Q. Okay. Now, if you wanted to work 9:00 to 9:00, you could

do that if you chose to, couldn't you?

A. Correct.

Q. And you would do that because you would produce more?

A. Yes, correct.

MR. POLLOCK: Objection, leading.

THE COURT: Sustained.

BY MR. CUETO:

Q. Okay. Why is it that you would work -- want to choose to

work 9:00 to 9:00?

A. Because I know that that's when the -- you know, you get

the most enrollment so you have the most opportunity for

commission and ultimately for, you know, potential to reach

bonuses.

Q. And was there a certain period where this would happen

throughout the year, where sales agents would want to be at

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Direct Examination - Katrina Guerra

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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work as much as they -- they could?

A. Yes. I mean, that's part of, I would say, you know, the

sales agent position; if you want to maximize potential, it was

-- it was open. If you wanted to be there 9:00 to 9:00, you

could. If it was less, that was fine as well.

Q. What were these intense periods called, the value of sales

would pick up?

A. Open enrollment period.

Q. Open enrollment. If you could describe a little bit to the

jury what open enrollment is.

A. So, open enrollment is basically when everyone is eligible

to go ahead and -- go ahead and get -- get a new insurance plan

for the year. So, when, you know, everyone's eligible. So

basically if, you know, you have existing clients or new

clients for whatever reason, they are able to, which is

different from special enrollment period where during the

special enrollment period, they would need to have, like, a

life change or -- you know, there would need to be a reason to

go ahead and -- and get the insurance. So that's, you know,

like for accountants, it's tax season. For us, it's open

enrollment.

Q. Okay. And would you -- would you say that position as an

independent contractor as a sales agent at Avant, would it

require a particular -- any particular skills to do your job?

A. Yeah, definitely. I mean, as far as being able to, I mean,

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Direct Examination - Katrina Guerra

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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sell, you know, like any good sales agent. Being able to go

ahead and, you know, have patience, be kind to clients, listen

to their needs, to be able to overcome objections, you know, to

close.

At the end of the day, if you don't close, the commission

isn't going to come in and it was basically a waste of time,

you know, and a call, you know, with the client.

Q. And were there any special bonuses that were set up for

performance?

A. Yes. Depending on the amount of members that were enrolled

with a particular carrier, we would, you know, get bonuses or

we had the potential to earn the bonus.

Q. And how are these bonuses paid out?

A. Once the final count was in as far as how many members we

enrolled, the bonuses were given to us; once the owner had

received the bonuses, it'd go ahead and be paid out to us.

MR. CUETO: Lead counsel will take over the

questioning now.

MR. TROPP: I apologize, Judge. Is that okay for me

to take over?

MR. POLLOCK: Are we tag teaming, Judge, or are --

THE COURT: I'm sorry?

MR. POLLOCK: I said, are we allowed to switch during,

or are we doing one for one?

THE COURT: I don't hear any objection, so you may

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Direct Examination - Katrina Guerra

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Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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proceed.

MR. POLLOCK: We object to switching counsel in the

middle of examination. I don't think we have done that the

entire time. I don't think that's the purpose -- and the way

the trial is conducted.

THE COURT: I think Mr. Cueto can continue. Thank

you.

MR. POLLOCK: Your Honor, that's fine. I'll withdraw

the objection. I'll let Mr. Tropp go.

THE COURT: All right. Objection is withdrawn.

You may proceed, Mr. Tropp.

MR. POLLOCK: Move it along.

MR. TROPP: Thank you.

MR. POLLOCK: Sure.

DIRECT EXAMINATION (Cont'd.)

BY MR. TROPP:

Q. Hello.

A. Hi, how are you?

Q. Katrina. So you worked with the Plaintiffs, correct?

A. Yes.

Q. And when did you start again?

A. October, it will be two years in October, so October 2021.

Q. So you did the 2021 open enrollment and the '22?

A. '20 to '23, yeah.

Q. Right, okay.

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Direct Examination - Katrina Guerra

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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A. Um-hmm.

Q. So for the '21, you worked -- what was it, like a small

room with the Plaintiffs? How big of an area?

A. Measurement-wise, I am not sure, but it was, you know,

small room. We were all -- you know, we had our desks there

and there were desks and things, you know, for us to go ahead

and -- go ahead and do our work.

Q. So is it fair to say you got to know the Plaintiffs pretty

good?

A. Fairly. Fairly well.

Q. And when you started, you started as -- you were an

independent contractor?

A. Correct.

Q. And you were a licensed agent?

A. Yes.

Q. And did you start with the same compensation agreement as

the Plaintiffs had?

A. I don't know. That was on an individual, you know, basis

or whatever agreement we came to with the owner.

Q. What was your agreement that you had? Like, when you

started -- you initially met with Reinier to get the job when

you first interviewed?

A. Yes.

Q. And when you went in to this interview, were you explained

what you would get out of the job, what your expectations were?

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Direct Examination - Katrina Guerra

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Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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A. Yes, correct.

Q. And what were those expectations? From the company and

from what you were going to get and what they were going to get

in return.

A. Could you rephrase the question? I'm sorry.

Q. Well, would you agree when you interview for a job, you

want to know what is the agreement for the job; would you

agree?

A. Of course, yes.

Q. You want to know what the terms are?

A. Yeah, basically, um, we were gonna get paid X amount per

member that we were able to enroll.

Q. Um-hmm.

A. If we reach a certain amount of members, there would be a

bonus. And there was a space available between 9:00 and 9:00

during the enrollment for us to go ahead and try to produce.

Q. Okay. And then -- have you ever seen this document before?

Trying to get it in focus here.

A. Yes.

(The exhibit was published to the jury.)

BY MR. TROPP:

Q. Here we go. What is this? Do you know what this is?

A. Yes, that was basically the outline of, you know, the

numbers we needed to hit in order to go ahead and obtain a

bonus for each mem- -- for each carrier.

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Direct Examination - Katrina Guerra

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Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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Q. So when you first meet with Reinier, this was explained to

you?

A. That was a little bit -- once we were closer to open

enrollment. When I started, we were still doing 2021 members.

Q. Um-hmm.

A. But once this came out, I believe most of us, if not all of

us, were already there and it was brought to us together as a

team.

Q. Is this similar or like the agreement for the 2021 year?

A. Well, for the 2021 year, it was very -- I can't -- I don't

remember exactly what it was. I know that there wasn't a huge

difference as far as the per member payment that we would get.

Q. Um-hmm.

A. Or the commission that we were eligible for. The different

factor with open enrollment were the bonuses. So the per

member was -- it's not the same, similar, the bonus was the

bigger factor --

Q. And -- okay. So --

A. -- of open enrollment.

Q. So did it involve -- like, I'm -- did the 2021 plan, like,

can you point out how it was different from this one?

A. There were bonuses.

Q. Bonuses?

A. Yes. Bonuses that was -- is the different -- the factor

when it comes to open enrollment.

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Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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Q. And then what about with the amount of policies, or, like,

did you get -- like, the tier system; how did that work?

A. Basically based on usually the members for the most part as

far as per carrier, and then there was a different bonus if you

had reached X amount of policies.

Q. I see. So -- so how does that work, the other bonuses with

the policies?

A. I don't remember the exact numbers. It should be on there,

I believe -- right -- I believe.

Q. Was it something like this?

A. It would go -- there was -- on one of the charts, it says

per policy. You see here, it's saying per -- per Ambetter, per

Etna, per Bright Healthcare. There's another one where it says

for policies, how much bonus we would be eligible to receive.

Q. Okay.

A. I believe it's on the other sheet.

Q. On this sheet?

A. If you -- if you go down. Okay. Right there it says

policy either between 1,250 to 1,499, there was a $10,000

bonus; 1500-1999, 15,000; 2000 plus policies, 20,000. And

there's a difference between policies and members. You can

have a policy with one member. You can have a policy with five

members. So that's where that difference comes in.

Q. All right. So -- so on here, you would have to sell 1250

policies -- between 1250 to 1499 to get the $10,000 bonus?

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Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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A. Correct.

Q. But also for each one of those policies sold, depending on

what it is, you're getting, like, either between 5, 15 or $35

for each one?

A. For the members.

Q. For the members?

A. Within the policy, correct.

Q. And for the multiple -- for each policy, it can be more

than one member?

A. Yes. Depends on -- on the particular -- the policy, the

individual policy.

Q. How does that work, more or less? You have one policy with

many members?

A. So you have someone who is a single person and doesn't have

any dependants and they are just by themselves. You know, as

far as taxes go, they -- there's one person in that policy.

But then if you have a married couple with three dependants,

it's five people in that one policy. So it depends on the

household size.

Q. Okay. So you take on this job with basically this overview

where every policy you sell, you get a little -- either tier 1,

tier 2, tier 3; 5, 10, 15, $35?

A. Um-hmm.

Q. And if you sell a lot, you get a bonus?

A. Correct.

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Q. All right. And open enrollment, that's like the period

when people are just calling, that's the busy period?

A. Yes.

Q. Because there's deadlines?

A. Um-hmm.

Q. And sometimes they have the deadline extensions, correct?

A. Yes, correct.

Q. And then how many, like -- how many policies can you sign

up in a day, for instance?

A. Policies in a day? If -- you could do 40 to 50 depending

on how quick the day is, but you can definitely do many

policies in a day.

Q. In a place like -- would -- would you characterize it kind

of like a call center? Are you guys on the phone all the time,

or are you seeing people personally?

A. We're on the phones.

Q. On the phone and answering questions?

A. Correct.

Q. And then as -- when you sign up somebody, you have to have

them fill out the consent form?

A. Yes, we did a consent form for the clients.

Q. And is that a rule from the CMS; is that a required --

A. Yes.

Q. Why is that? Talk about that. Why do they require that?

A. Well, I mean, the way we are -- basically explain it to the

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client is that, you know, it's not a contract of any sort, it's

basically them giving us permission to share their information

with the marketplace in order to go ahead and enroll them in

the -- in the plan. You know, the protection for the client

and for the carriers.

Q. And that protects the client and it protects Avant, right?

A. I mean, I would say it protects everybody involved. You

know, it's them saying yes, I give permission for -- for me to

be enrolled in X plan.

Q. And then how does it work when you get somebody to sign up

for a policy and they have to -- you have to get a signature, a

consent form for them to approve the policy? How does it work

if you need somebody's signature?

A. We would send out a simple text message. They get a link,

they'd open it up, you know, they'd press their buttons on

their end and it would come back signed. It was electronic.

Q. Okay. And you have to follow up with them sometimes to

make sure you get the papers, or how did --

A. It was fairly quick sales. You know, it -- and most of the

clients had no problem with, you know, with completing the

consent because they understood what it was about if the agent

explains it correctly.

So there really -- I wouldn't say there's much follow up,

so to speak. A lot of it was just, you know, on the spot

throughout the conversation with the client. Of course if the

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client needed anything at any time, they had the number where

they can go ahead and call and get in contact with us.

Q. And just to get idea -- just to have an idea, like a client

will call, you will ask a few questions and then you kind of

like will kind of guide them in the direction of what policy is

best for them?

How -- how did -- how did the different tiers gets selected

by either you or the clients? How do you fit a client with the

right policy?

A. I mean, at the end of the day, you do what's best for the

-- for the client. And, you know, there's different aspects.

Does the client have a medical condition? You know, what is

their income? You know, can they pay a premium, can they not?

So really it's just doing what's best for the clients and kind

of seeing where -- where it falls.

You know, for one client, you know, they needed zero

dollars even if it has a deductible, you know, so on and so

forth, because they can't make the monthly payments. Then you

have other clients who are willing to go ahead and go with

another carrier because they're able to afford, you know, the

better benefits of that plan.

So, you know, it's just -- just dependent on how many you

-- how many -- I guess how many policies you sell for a

particular carrier and how many members you have. But there's

no strategy, I would say. At least on my end, it wasn't a

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strategy, it was doing what was best for the client.

Q. All right. And after a while, do you kind of develop,

like, a technique on how to answer questions?

A. That comes with time and experience as -- as an agent.

Q. Before you worked at Avant, were you also selling

insurance?

A. I've had my 215 license since 2010, and I mostly worked on

-- that's the health and life licence, but I mostly did the

life side of things until I started with Avant.

Q. The 215 license, that's insurance agent license?

A. Correct, to sell life and health insurance.

Q. And -- does that also -- like, when you guys take an exam

and the course, is that a big theme, about doing right for the

client?

A. Of course, yes.

Q. What's in the interest of the client.

What do you guys, like, have to know about those aspects?

About, like, making sure you are working in the best interest

of the clients and, you know, like fiduciary responsibilities?

Like, your responsibilities for the client, what do you

learn as an agent --

A. I mean, that's where -- where the set of questions come in.

You know, you have to ask -- you know, ask, are there any

medical conditions? What are they able -- you know, find out

what their budget is. Things of that nature, you know, because

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based on their need is how we are gonna put a plan together for

them.

Q. And then what about -- you guys have to study and know

about, like, the HIPAA requirements and, like, keeping, you

know, confidentiality --

A. Information.

Q. -- information?

A. Yes. Information should be, of course, discussed in

confidential.

Q. Okay. And I'm sorry, so before you worked at Avant, where

did you work?

A. I was at a -- an account executive for Bankers Healthcare

Group for about four years, and I also did with -- Family First

Life, I did independent contracting work for life insurance.

Q. How long did you that for?

A. I did that for about a year and a half, two years, perhaps.

Q. Okay. So before working for Avant, you were doing

something in a contracting work, but you were also an employee

somewhere?

A. Not at the same time. So with Avant, before Avant, it was

the Family First. Prior to that, I was an account executive

and --

Q. As an account executive, were you a W-2 employee?

A. Yes.

Q. It was more rigid?

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A. Yes.

Q. You weren't allowed to set your own hours?

A. Not at all. It was a great company that I worked for, and

I chose to not work with them anymore because having four kids,

you know, you need flexibility, at least in my case, I did.

And it just -- it became too much, the -- the workload and what

was expected from me professionally. And it is compromised too

much, my personal, and so that's why I left that position and

decided to become a 1099 agent.

Q. And before working for Avant, you were doing a little bit

of independent contracting work, correct?

A. Correct, I was selling life insurance.

Q. And where did you --

THE COURT: Can you use a microphone, Mr. Tropp,

please?

MR. TROPP: Yes, Judge. Okay.

(Pause in proceedings.)

BY MR. TROPP:

Q. Did you go -- did you work at a certain place? Or how did

that work? Did you --

A. At times, I would go ahead and I would meet with clients in

their home. Sometimes we would meet in the Starbucks,

sometimes we did via Zoom. It was just, you know, dependent on

what I was able to provide as far as services that week and

what worked for -- for the client.

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Q. Okay. And when you started Avant, did you find it easier

to be able to do what you do as an agent --

A. Yes.

Q. -- much easier than before?

A. Yes, which is, you know, part of why -- even when I started

working at Avant, I was still selling, you know, insurance on

the side because I was able to do so as a 1099. But it was

just a lot easier to go into a place, have, you know, the tools

there available if I needed it and to just get to work. That

was definitely, you know, helpful and eased my job.

Q. So when you were an independent contractor in your prior

place, both places you are doing the same essential work, you

are signing people up with policies, right?

A. Yes.

Q. You are helping people get insurance?

A. Correct.

Q. And that's your specialty, that's what you are licensed to

do?

A. Yes.

Q. But at Avant, it's the same type of thing, but you have

better --

A. It's simplified.

Q. It is simplified. And you can do more -- you can help more

people?

A. Correct.

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Q. Have more --

A. Work smarter not harder. I kind of fell under -- under

that.

Q. Okay. And you said also because you have the four kids,

that's a big -- is that a big decision for you why you wanted

to be an independent contractor, a licensed agent?

A. Correct.

Q. For the flexibility?

A. Definitely.

Q. Did you -- when you met with Reinier, did you tell him, did

you talk about that you had a need for flexibility and about

your kids?

A. Yeah --

MR. POLLOCK: Objection, leading.

THE COURT: Sustained.

BY MR. TROPP:

Q. Did you discuss matters concerning flexibility with Reinier

when you interviewed?

MR. POLLOCK: Same objection.

THE COURT: Sustained.

BY MR. TROPP:

Q. What did you discuss with Reinier about your -- your

schedule when you first --

A. Flexibility. It's always been huge for me. You know, when

I -- like I said, when I left the W-2 position, that's what I

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Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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was looking for, flexibility. I didn't wanna compromise any

time or anything that my children needed, and I definitely

brought that up when I initially met Reinier.

Q. And how -- how did Reinier respond to that?

A. He was very open to it. I mean, it's basically what they

were offering, so it worked well for -- for both of us.

Q. And did you at any point continue working for the other

company while you were working for Reinier?

A. Yes. I did sell a few policies in the beginning while I

was working with -- you know, when I was writing my services

for Avant, but eventually, you know, things were good with the

income that I was making, and so now I just kind of do

residuals or, you know, get referrals if I have someone reach

out to me for the life side of insurance.

Q. And was Reinier aware that you are working with another --

what would that be, like another broker or another agency?

A. It is like another broker. He knew that I was actively

working. Whether or not we had the conversation that I was

selling with the other company, I don't recall. But at the end

of the day, I have the right to do so as a 1099. I was

independent. It's a free agent.

Q. Were there any discussions that you had with anyone from

Avant saying you can't do that, you have no -- you can't work

for anybody else?

A. Not that I recall.

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Q. What about regarding the schedule, especially for open

enrollment? Were there requirements to come in?

A. No. As I stated initially, it was -- there was a 9:00 to

9:00 availability for us to go ahead and, you know, perform our

-- you know, provide our services, basically.

Q. Okay. And then let me show you a -- this is a -- one of

the schedules.

A. Um-hmm.

(The exhibit was published to the jury.)

BY MR. TROPP:

Q. This is May 9th, and you are on that schedule, correct?

A. Yes.

Q. That's you?

A. Correct.

Q. With everybody else on there?

A. Yes.

Q. Okay. And then what was -- what was the idea behind these

schedules, like --

MR. POLLOCK: Objection, predicate and foundation.

THE COURT: Overruled.

THE WITNESS: So the idea behind that was basically

for us to go ahead and, you know, maximize our personal

production while we were there. It was just kind of a

courtesy, you know, like just to make sure that there was

always someone available to go ahead and get these inbound

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calls that were coming in. You know, we just came up with a

system so that way there was always coverage, you know, for --

for potential clients.

BY MR. TROPP:

Q. All right. So.

(Pause in proceedings.)

THE WITNESS: And what is the date on this, if I may

ask?

BY MR. TROPP:

Q. This is May.

A. So that's basically also after -- that's during the special

enrollment period where things really slow down. So you

don't -- you know, things slow down as far as what we're able

to enroll as far as clients go.

Q. So let's say here, for instance, you're supposed to show up

from 12:00 to 7:00 or 9:00 to 3:00, right?

A. Um-hmm.

Q. What if you showed up at 2 o'clock or 1 o'clock? What

would happen --

A. I mean, really nothing. Nothing would happen, so to speak.

But once again, just as far as courtesy, I would be kind of

taking some potential calls away from another agent who, you

know, had been there from the morning and they weren't

scheduled to leave until that other hour. So once again, this

was more of a courtesy amongst us, you know, and so go ahead

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and maximize our sales while we were there.

Q. So let's say, like, this would be -- let's say here,

Mariana is supposed to be there at 9:00 to 3 p.m., right?

A. Um-hmm.

Q. And you're -- either your set to be off that day or you're

supposed to come in at another time. You show up at 9 o'clock

on her schedule. That would be kinda award, right, now you are

potentially now taking her calls?

A. Right.

MR. POLLOCK: Objection, leading.

THE WITNESS: Yes, if I were --

THE COURT: Sustained.

THE WITNESS: If I were --

THE COURT: One second, please.

BY MR. TROPP:

Q. Wait.

So -- so can you -- if you came at a time that was not

allotted for you and it was some other agent's time, would that

be confusing?

A. There would be no consequence, but it would be a lack of

courtesy.

Q. Would it be kind of like overstepping?

MR. POLLOCK: Leading.

THE COURT: Sustained.

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BY MR. TROPP:

Q. Well, why would it -- why would it be a lack of courtesy?

A. Because there -- there's potentially -- there's less calls,

like I had stated before, during the special enrollment period,

and so you're, you know, kind of taking away opportunity from

-- from another agent.

Q. When these schedules were made, did -- did the -- did the

agents themselves have input on how they were made?

MR. POLLOCK: Leading.

THE COURT: Sustained.

BY MR. TROPP:

Q. How are these schedules made?

A. Basically just that, you know, these are -- you know, as

far as the 9:00 to 9:00 where the office was open, if we split

it in half, right.

Q. Um-hmm.

A. These would be the two shift. It would be the 9:00 to 3:00

and 3:00 to 9:00. What works best for who. And, you know --

and this wasn't every week that it was the same, you know, it

was alternating. We -- if I couldn't open, you know, or be

there from the 9:00 to 3:00, I would, you know, take the later

shift. If, you know, I needed to -- to do vice versa, it was

fine.

I mean, as you see there, there's one day where I think I

am 12:00 to 7:00 because that's what worked for me on that day.

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And so that's what we went ahead and -- and agreed upon --

agreed upon.

Q. What would happen -- and again, if you couldn't make it, or

if you decided you didn't want to show up some day, how would

that work?

A. I don't understand how --

Q. Let's say you are set -- here you were supposed to come at

3:00 to 9:00. And let's say one of your kids had a play at

school and you wanted not to go to work; how would that work?

What would you do?

A. Well, what I would do personally is I would let my

colleagues know, Ray at times, you know, Hey, listen, I'm not

gonna be able to go in for the shift that I had signed up for

and that was it. But that was courtesy. There were times when

an agent didn't show up and there were no consequences, even if

they didn't reach out to anyone.

Q. And if you couldn't show up, you said as a matter of

courtesy, would you have to clear it with Reinier or Andrea, or

who would you have to clear that with?

A. No, it never had to be cleared. As I stated, it was just

courtesy if I chose to reach out to let my colleagues know that

I wasn't gonna, you know, be in.

Q. Would you say that it was a professional atmosphere working

with the other agents?

MR. POLLOCK: Leading.

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THE COURT: Sustained.

BY MR. TROPP:

Q. What was the atmosphere working with the other agents?

A. It was a calm atmosphere. It was a good atmosphere. I

mean, we went in. I feel like we were all friendly. It was a

good group, but we all went there to work and produce.

Q. Was -- what -- what was the idea behind the hours; was it

-- was it based on requirement to work, or did you guys work

because --

A. It was based on potential to produce, basically. That's

what it was. You know, how can we maximize our production as

1099 agents with the space that's available, and this is

basically what we had agreed upon.

Q. All right. And, um.

So -- so wait. October, November, December -- about

nine months, for about nine months you worked in, like, an

office space with about four of the Plaintiffs?

A. Yes.

Q. Okay. And did -- at any point did you ever hear any of the

Plaintiffs say, Oh, I'm not getting paid correctly, something

to that effect?

A. Not that I recall.

Q. Did you ever to hear any, like, complaints about the

company from the Plaintiffs?

A. Not that I recall. Not in particular.

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Q. Did anyone ever, like, mention, Oh, I earned a bonus and I

didn't get it?

A. I mean, not that they didn't get it. I know that once the

numbers came out, you know, do you know where -- you knew where

you fell. It was kind of -- especially if you made one of the

bigger bonuses, it was exciting. But the details of everyone

else's bonus and commission, I -- I don't recall any of that

information.

Q. When you guys would earn a bonus, like, did -- like, did

you ever hit one of the big bonuses, like the -- like this?

A. Yes, I did.

Q. What was it, the Oscar bonus?

A. Yes.

Q. That's the one where you have to get, like, 600 people in a

certain amount of time?

A. Correct.

Q. And you get, like, $25,000?

A. Yes.

Q. Was that like an exciting moment --

A. For any of us, it was definitely an exciting moment.

Q. And when you signed up the 600th person, what did you do?

You --

A. So it was definitely a celebration if you had reached that

number, but ultimately, we knew you had to hit a lot higher

than that because things happen. Client don't pay premiums,

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clients go with another carrier. You know, things happen where

some things fall off the books and ultimately it would have to

be what's it on, what -- what did we sell -- that stuff. So

although this was kind of exiting, you know, we had to do a lot

more in order to go ahead and actually have the 600.

Q. There's no, like, a bell that you ring when you -- when you

hit the 600 --

A. No, not a bell. No.

Q. But did you go to Reinier and say, Hey, I got the 600th

person?

A. I can't recall if I at that moment, you know, how I

reacted. But, you know, everyone's different. Everyone has

their personalities. Some people are, you know, more open and

out there than others, some are more private. So it would

depend on the individual, how they chose to, quote/unquote, I

guess, celebrate reaching a bonus or getting to a certain --

certain number of members.

Q. Would you say that to a certain extent, there is a little

competition with the agents?

A. I think anything that has to do with sales, there is always

underlining competition. It's just the nature of the business.

Q. And you guys would sometimes, like, tell each other, Oh, I

got more, or I got less?

A. Once again, it all depends on the individual. Some, you

know, spoke more than others and were more open than others.

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Q. Did you ever hear Delio say, Hey, I got this bonus, the

tier 600 Oscar selling bonus?

A. Delio was actually one of the more quiet ones. So I can't

recall if I -- hearing him say he had reached or did not reach.

He was definitely one of the more introverted agents in the

office.

Q. Did you ever hear him say, Oh -- in all the time you're

working there, you never heard him complain or have any, like,

comments regarding not being paid anything?

MR. POLLOCK: Leading.

THE COURT: Sustained.

BY MR. TROPP:

Q. Did you ever hear Delio Batista -- what -- what did you

ever hear Batista say about commissions or bonuses owed, if

anything?

A. I have never heard him really speak about that. As I said

before, he was just very private. He was more introverted.

Very kind person, very professional, but definitely more to

himself.

Q. What about Rafaela, have you ever heard her mention

anything to that effect?

A. To what effect exactly?

Q. About -- did -- did you ever hear Rafaela say anything

about unpaid commissions or bonuses?

A. Not that I recall.

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Q. What about Mariana -- when you say, Not that I recall, do

you --

A. I can't remember --

Q. -- can't remember?

A. Yeah, I can't remember hearing anyone. I mean, when it

comes down to what we are making, you know, it's not the most

common conversation because, you know, everyone is just trying

is to do their own thing. So that wasn't a conversation that

was, I would say, frequently had as far as, you know, that

goes.

Q. Was there any discussion or expectation whatsoever of being

paid hourly?

A. No.

Q. What about overtime?

A. No.

Q. Did you ever think that that was part of the agreement?

A. No.

Q. Did you ever hear any of the other agents talk about hourly

or overtime?

A. No.

Q. And now you work on the office side of things?

A. Now, currently?

Q. Yes.

A. Yes.

Q. And you're a W-2 employee?

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A. Yes.

Q. When did that switch; do you know?

A. August 1st. It is going to be a year August 1st.

Q. And it's a salary, straight salary?

A. Yes.

Q. Is that better for you?

A. When I chose to go ahead and do that transition, it was

just based on the respect that I -- that I have, you know, for

Avant and the fact that they are still very understanding and

flexible; for me, that was very important. So yeah, there's

probably higher expectations as far as me having to --

quote/unquote, having to be there, but if need be, you know,

I've never been told no, you cannot attend such and such or

have this day off, so on and so forth.

Q. And you -- but you work on the office side of things now?

A. Yes.

Q. Do you ever work with employment tax for the employees?

A. No.

Q. You don't work that aspect?

A. No.

Q. Okay. Do you know anything about that?

A. Not really. As far as the taxes we report, I just know

it's taken from the W-2 income.

Q. Now -- now, in all the -- in the time that you worked for

Reinier and Avant and Andrea, did you ever, like, have a

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discrepancy or something like, Oh, I might not have been paid

on something, and discussed it with them?

A. So there was one time -- so when we were transitioning --

like, the last month -- November -- November/December, you

still made the enrolling -- well, for November, you still may

be enrolling people for the 2021 --

Q. Um-hmm.

A. Well, in that time, it was for the 2021, even though it was

just for one month, I did do my enrollments in addition to the

2022. So I had gotten a deposit, and the numbers that I had

for the 2021, I didn't get that deposit. I had sent an e-mail

over to Reinier and then I went into his office. I think he

had called me in based on the e-mail and immediately I got the

deposit.

Q. Have you ever heard a situation from either -- any of the

Plaintiffs or any other agent where they might have had a

discrepancy and they discussed it with Reinier?

MR. POLLOCK: Leading.

THE COURT: Sustained.

BY MR. TROPP:

Q. Have you ever heard of any other agents having

discrepancies about payments?

MR. POLLOCK: Objection, elicits hearsay.

THE COURT: Overruled.

THE WITNESS: Not that I recall.

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BY MR. TROPP:

Q. What about have -- did you ever hear one of the Plaintiffs

have a discrepancy and they either work it out or not with

Reinier?

MR. POLLOCK: Leading.

THE COURT: Overruled.

THE WITNESS: Not that I recall.

BY MR. TROPP:

Q. Okay. So you had an issue, you sent him an e-mail and he

took care of it?

A. Correct.

(Pause in proceedings.)

THE COURT REPORTER: You have to zoom it out on the

top.

MR. TROPP: Zoom it out. Thanks.

THE COURT REPORTER: You're welcome.

BY MR. TROPP:

Q. What's this line on the bottom? Can you read that part?

A. "Bonuses will be paid in April of 2022 or once we receive

compensation for the -- from the insurance companies. Agent

will need to be actively producing for the agency at the time

of payment."

Q. What is that last sentence; what is that about?

A. Basically once the insurance carriers paid, and you were

active with the company, you were going to go ahead and get

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your bonus, if you earned one.

Q. Why did you have to be active -- actively producing for the

agency at the time of payment to get the bonus?

A. I wouldn't know how to answer that. I don't run Avant.

Q. Well, is it important, once -- once you sign up a policy or

-- or sign up people, is it important to remain as an agent

after that?

MR. POLLOCK: Leading.

THE COURT: Sustained.

BY MR. TROPP:

Q. After a policy is signed, do you have any responsibilities

towards the people you signed up?

A. I would say an agent who's a good agent, you always want to

have the line of communication open with your client. It is

important to -- for retention, I would say, for any business.

Q. And why is that?

A. To be able to have the client trust you and count on you

and be there, that's what needs to stand out as an agent.

Q. And do you get that? Do you get calls from people you

signed up, or is it after you sign them up, that's it, you

don't hear from them?

A. And as I stated, for the most part, it's just, you know,

one transaction. But then you do have those clients who, you

know, keep calling. Even now as a manager, I have clients who

I signed up in 2021, and they want to just speak to me. So I

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Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

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will get on the phone and I will speak to them and I will help

them out. It's just part of the job.

Q. And do you know, do the participating insurance companies,

like Oscar or Ambetter, do they have -- do they require that?

Do they have requirements on making sure that -- um, that the

agents are actively producing after --

A. I don't know what their requirements are.

Q. Okay. Almost done here. Okay. That's it. Thank you.

A. No problem. Thank you.

CROSS-EXAMINATION

BY MR. POLLOCK:

Q. Good morning, Ms. Guerra. My name is Brian Pollock. We

have not met before, have we?

A. No, we have not. Good morning.

Q. Good morning. It's nice to meet you.

A. Same here.

Q. I think -- were you here yesterday and we just didn't get

to you?

A. Yes.

Q. We're sorry about that. Things were running a little

longer than expected, but I know we're doing what we can to

move things along. I will try to be as quick as I can with you

today. I'm just going to run through some questions. If you

don't understand anything I am asking you, please let me know,

okay?

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How long -- let me back up.

You have been working at Avant and you said almost two

years?

A. Correct.

Q. How long is your commute in the morning to get to Avant?

A. Now, at the moment, my commute is about 25 minutes.

Q. And you say now, at the moment, does that mean that you

used to work -- you used to live further away from work?

A. I used to live -- well, in the office that we had before

where we were all together, we were -- I was closer. Once they

moved, it became a little bit more of a commute.

Q. Okay. And Mr. Tropp showed you that comp -- 2022

compensation agreement, it was that two-page document that had

the 5 -- 5 to 35 per member and the different bonuses, right?

A. Yes.

Q. Did you consider that the contract under which you would be

paid while you were working at Avant?

A. Yes.

Q. Okay. And when you needed to take a personal day or you

needed to go on vacation, you would e-mail either Mr. Cortes or

Ms. Gonzalez Quintero that you would be out of the office for

the time period that you were paid as an independent

contractor; is that what happened?

A. If I needed time off, it would depend. There was maybe an

occasion or two where I sent an e-mail. There were times where

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I made a phone call. And, once again, it was out of common

courtesy.

Q. But it was a courtesy that you would let them know that you

would not be in, whether it's tomorrow or the next day or in a

week or two, right? You would always let them know in advance

as a courtesy?

A. Typically.

Q. And that's because you were working for somebody else that

it would be courteous to just not show up out of the blue,

right?

A. I'm sorry, I don't understand.

Q. Sure. I mean, you were being courteous to the people you

work for to let them know that they needed to have your space

covered that day because you wouldn't be in, right?

A. Well, to me, there is a difference between working for and

working with.

Q. Okay.

A. As a team, if -- you know, I know that there is a certain

amount of, let's say, leads that may come in. If I'm not going

to be there to produce, you know, maybe they can say, Hey --

you know, maybe there's someone else who can go ahead and get

that -- get that business.

Q. Right. I mean, they could -- they could fill the seat for

somebody else, right?

A. I'm sorry?

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Q. They could fill your seat with somebody else if you weren't

going to be in; is that what you are saying?

A. What I am saying is, there is a certain amount of calls

that are gonna come in. If I'm not gonna be there, right, yes,

essentially someone else could be there, someone else could

not. It's just -- as I stated, it's just common courtesy.

Q. But you didn't needed -- you did not need to fill that

seat, that was what Avant did. They filled the seat for you if

you weren't going to be in, right?

A. I don't --

Q. Okay. Maybe we are not understanding each other.

A. Yeah, I don't think so.

Q. Okay. If you weren't going to be in, would Avant have

placed somebody else on your -- on the schedule in your place?

A. Avant didn't have to.

Q. I am not asking you if they have to.

A. There were times, even amongst us as, you know, colleagues,

you know, we would talk, and sometimes someone would just not

be there. If you can't, you can't.

Q. Okay. And if you can't, you can't. And then what happens,

then the other agents just get the calls?

A. I am not sure exactly what -- how they would deal with that

as far as the other agents at Avant.

Q. But you thought you were an independent contractor because

you were flexible in your schedule, right?

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A. Yes.

Q. And then August of 2022, comes around, and you become an

employee, right; that's what you told us?

A. Yes.

Q. And what you said was that they were still understanding

and flexible when you became an employee, and that was with

regard to your schedule; is that correct?

A. Not, I would say, my schedule, per se, but my personal

needs. Like, you know, if there is a day that I can't come in,

if I may need to leave early, there wasn't an issue.

Q. Okay. Just like when you were an independent contractor,

if you needed to leave early or you didn't come in, there

wasn't an issue, right?

A. No, there wasn't an issue then either.

Q. So there wasn't an issue then, and there is not an issue

now; can we agree on that?

A. I would say for the most part.

Q. You said that you needed certain skills because you are in

sales, right? You needed -- let me take a look at what I wrote

down.

You needed to be a good sales agent, you needed to be --

you need to have patience, you needed to be kind to clients and

you needed to be able to overcome objections. I think those

were your words, right?

A. Yes.

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Q. And just so we get a perspective what -- the items or the

insurance policies that you're selling, on average, how much

did it cost the members during this open enrollment period,

let's say from 2021 to '22? How much would each member

normally have to pay for a policy out of pocket?

A. It would depend on the client.

Q. Okay. And let me break it down, because I know there is a

bunch of different insurance policies.

Did you -- Oscar, you sold the most of Oscar policies out

of any of the different policies offered; would you agree?

A. Yes.

Q. Okay. And Oscar typically would charge a client how much

money per member per month?

A. That would depend on whatever subsidy the client qualified

for. It could be from zero a month and you have clients who

pay $300 a month.

Q. Okay. And this arrangement for insurance that you were

selling, that would last, at the most, for a year? Each policy

could be in place for as long as a year?

A. Yes.

Q. So the most we are talking about, an item that could cost

zero dollars or maybe at most $2400 a month -- $2400 a year if

we are talking about at $200, right?

A. Okay.

Q. Yes? And you have gone to a car dealership, have you not?

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A. Me?

Q. Yeah.

A. My husband does all of that.

Q. You don't know about buying cars?

A. I don't. I really don't deal with that much.

Q. Okay. And then during open enrollment, did you work 9:00

to 9:00?

A. I would say for the most part, I did work 9:00 to 9:00.

Q. So I mean, you know, what we are talking about here -- and

part of this case is about overtime. You are not going to sit

here and tell the -- all of us in the courtroom that my clients

didn't work more than 40 hours a week during open enrollment,

are you?

A. I'm sorry?

Q. You are not going to tell us in the courtroom that Delio

and Mariana and Rafa and Carlos were working less than 40 hours

during open enrollment?

A. Most of us were there from 9:00 to 9:00.

Q. Is that something that Mr. Cortes and Ms. Gonzalez Quintero

knew as well, that, you know, the agents were working the 9:00

to 9:00 schedule during open enrollment?

A. They knew that we were working 9:00 to 9:00 typically?

Q. Yes.

A. That was available for us, and if you wanted to maximize

production and bonus, the more you were there, the more you

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produced.

Q. And my question was, is that something that they knew?

A. They -- for the most part. I mean, you know, they also

worked, so they were there a lot of times.

Q. Okay. And during the whole time that you were at Avant,

was that your main source of income?

A. My main source of income, yes.

Q. I mean, you would say that -- as far as you personally, you

were economically dependent on Avant to make a living?

A. I did have, as I said, the opportunity and I did sell life

insurance on the side because I have -- I had my license with,

you know, the other carriers for life, but I felt the most

comfortable with the Avant structure. It just made the most

sense for me. It worked.

Q. And you made the most money from Avant. I mean, you didn't

get your -- you know, if you put your -- the money that you

made in the year on a balance, you had Avant on one side and

you had, you know, the side gig on the other selling life

insurance, I mean, the scale is going to tip heavily in favor

of Avant, won't it?

A. Yes.

Q. Okay. As far as the -- the work that you performed at

Avant, I mean, all you had to do was walk in the office, right?

You didn't have to bring anything. You didn't have to bring

clients. You didn't have to bring computers. You'd just walk

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right in and just do your work, right?

A. I mean, they had, like, computers and stuff available for

us, but if you wanted to -- like, I brought my iPad, I had

brought a mouse. There was a moment where we felt like maybe

if your mouse was quicker, you'd answer the phone quicker. So

we would bring in -- I know a couple of other agents also

brought their own mouse. Cell phones, you know. So yes, the

equipment was there, but we were never -- you know, if we

wanted to bring something in, it was fine.

Q. Yeah, I mean --

A. Never an issue.

Q. Sure. If you wanted to bring a mouse and -- I mean, just

so everybody in the courtroom understands. When a call comes

in through Radius Bob, it's kind of like Jeopardy, right, where

the first one who clicks gets to answer?

A. Typically that's how -- how it can be.

Q. So it's just -- you know, that's -- you -- that's how you

determine who gets the call, you just have to be able to click

and get the call, right?

A. For the most part.

Q. Okay. And then, you know, have you driven on I-95, like

any long distance?

A. Yes.

Q. Okay. And then, you know, sometimes you're just driving

and you get caught up in traffic and you're just kind of going

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with the flow of traffic, right?

A. Um-hmm.

Q. That's right? Yes?

A. For the most part.

Q. Okay. And then when you're going with the flow of traffic,

does that mean that you are not speeding? Could you be

speeding if you are going with the flow of traffic?

A. That's why I said for the most part.

Q. Okay. But I'm saying, if you are going with the flow of

traffic, you understand --

A. If that's what you are choosing to do, then yes.

Q. Okay. And just so we all understand as far as your

background, because we didn't go into that in any kind of great

detail. You have no legal training; is that correct?

A. I'm sorry?

Q. You have no legal training?

A. No.

Q. Okay. You have any training in human resource management?

A. No.

Q. You are not an accountant?

A. No.

Q. You don't hold yourself out as somebody who has any

particular specialty or expertise in deciding who's a employee

and who's an independent contractor; is that fair to say?

A. That's fair to say.

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Q. Okay. And then as far as working at Avant, you indicated

that you're paid a salary; is that right?

A. Currently, yes.

Q. Okay. And so for the time that you are spending here with

us, is being paid for by Avant as part of your salary; is that

what we should understand?

A. Yes.

MR. POLLOCK: Thank you. No further questions.

MR. TROPP: Can I get a quick follow up?

THE COURT: Yes.

REDIRECT EXAMINATION

BY MR. TROPP:

Q. Real quick, let's say you are signing up all of these

people. How do you keep track, how do you keep accountability

of what's owed to you?

A. You mean initially when we started working or --

Q. Yeah.

A. Well, for example, I had in the -- I would say the first

probably month or two, I would, at the end of the day, put the

total number of members on another spreadsheet, and then I

would put my total so I knew what was owed to me. I did that,

I would say, for a couple of months and then I kind of lost

my -- you know, I felt like I was getting my deposits if things

matched up, you know. But that would be dependent on the agent

in particular, how they chose to keep track of that.

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Q. And while you were there, you could go through the system

and see what's going on with the policies you listed?

MR. POLLOCK: Outside the scope.

THE COURT: Overruled.

THE WITNESS: Yes.

BY MR. TROPP:

Q. And did you ever discuss with any of the other agents about

how -- like, how -- other ways to possibly keep track of what's

owed to you?

MR. POLLOCK: Outside the scope.

THE COURT: Overruled. I will allow recross.

THE WITNESS: Not in particular. I mean, I -- I -- I

know -- I'm pretty certain that, you know, other agents were

keeping track, but as far as the exact format and everything,

everyone kind of had their own way of doing things.

BY MR. TROPP:

Q. Did you ever have restrictions, like you weren't allowed to

bring a cell phone?

A. No.

Q. Did --

A. When things slowed down, we had actually -- Netflix,

whatever we could to entertain ourselves if we chose to hang

around.

Q. And so there were slow days, you guys would watch -- watch

Netflix?

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A. I would say it -- it's happened, yes.

Q. But tell -- explain to me, like, how do you -- how else

could you keep track of what's owed to you or what you closed?

A. As I stated, that's how I did it. Exactly how everyone

else did it, I -- I can't speak for them. I just -- I would

put the members, what that would equal and I had an idea of,

you know, what was -- what was going to be owed to me.

I also -- I don't know if it's -- I want to go back to the

-- like, to the flexibility about before and after, because

it's just sticking with me. I mean, at the end of the day, if

I gave notice as a 1099, it was out of courtesy, but there were

no consequences. However, now, if, you know, I weren't to give

notice or even if I were to have -- you know, there -- there

would be consequences, I'm sorry.

So there is -- so there is definitely a huge difference in

those two. I'm sorry, it just stuck with me.

Q. A huge difference because you are a W-2?

A. Correct. Exactly. There can be consequences for that.

Whereas before, there weren't.

I'm sorry. Proceed. I'm sorry.

Q. Let's say, like, after court's over, I am sitting in the

same place you're sitting, and I say to you, I want to sign up

for a policy, sign me up. You would be able to talk to me

about it? Would you be able -- what would we need?

A. As far as being able --

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Q. For you to --

A. -- currently?

Q. -- to service me. Sign me up on a policy.

A. I would need to go ahead and run a quote and get your

application into the system, your information into the

marketplace.

Q. Would you need a phone?

A. No. Now I would not be able to do it with my phone.

Q. Would you need a computer?

A. Currently, I would need a computer.

Q. Would you be able to use your laptop?

A. Yes, be able to use a laptop.

Q. Would you -- would you need to ask Reinier for access to

the system? Would you be able to -- for him to give you access

to the system, you could ask Reinier?

A. That would be dependent upon him at this point.

Q. And once you have the laptop, what, you would ask me

questions?

A. I would ask you questions, fill in the information and then

it would be processed and put into the system. Well, even for,

like, COVID. There was a time when COVID went through the

office; we got it, like, in two ways. We worked from home. We

were able to go ahead and work from home during that time.

Q. So the big tool, the tool that you would need to sign me

up, you would need access to a computer?

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A. Correct.

Q. Any computer?

A. I actually bought two monitors for that time so that way I

could --

Q. And you'd have to answer my questions?

A. Right. Yes.

Q. So you would need your mouth?

A. Yes.

Q. To answer my questions. And you would need yourself?

A. Correct.

Q. Yourself would be a tool to help me service them, right?

MR. POLLOCK: Leading.

THE COURT: Sustained.

BY MR. TROPP:

Q. Any other tools that you would need to service a client?

A. No. Thankfully with technology, nowadays when it comes to

insurance sales, it tends to be pretty -- a pretty easy sale.

There is not a lot of overhead, so to speak. As long as you

have access to the software and the right portals, you are able

to do it.

Q. What about a pen; would you need a pen maybe?

A. Perhaps.

Q. As a tool?

A. If the system goes down and you need to go paper route, a

pen would help.

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Q. It's more about person to person, would you say?

MR. POLLOCK: Leading.

THE WITNESS: I would say --

THE COURT: Sustained.

MR. TROPP: I will withdraw that. Thank you.

RECROSS EXAMINATION

BY MR. POLLOCK:

Q. I'm going to be super brief. You said that during COVID,

you were able to work from home. Is that because Mr. Cortes

and Ms. Gonzalez Quintero allowed you to work from home?

A. They allowed me to?

Q. Yes.

A. I wanted to keep producing and I did so from home.

Q. Okay. And then afterwards, if it takes you -- you know,

why continue to go to an office if you can just work from home?

A. For me, I have -- I have a seven-year-old son and he is all

over the place. It just -- for me, it's just more convenient

to go to -- where there is a space.

For example, when I did insurance, I never invited anyone

into my home. I would either meet up with them or, you know,

do it in another place that was more convenient for me to go

ahead and complete -- complete the subscription for the client.

Q. Yeah, but you said the whole -- the whole subscription

process was over the phone and the Internet, right?

A. Yeah. But when you have a child running ramped in the

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back, it's not as simple.

Q. Does your child go to school?

A. I'm sorry?

Q. Does your child, seven year old, go to school?

A. He does. He goes to school, but we are also talking two

years ago, so.

Q. Your child wasn't in school two years ago?

A. When I started, he had just gone into kindergarten or was

going to go into kindergarten.

Q. Okay. So he's in kindergarten from, what, 7:30, 8 o'clock

in the morning until, what is it, 3 o'clock, something like

that?

A. Till 1:50.

Q. You didn't work from home from -- in the morning because it

was just easier?

A. I'm sorry?

Q. I said, you didn't work at home even though there's no

commute involved. You went into the office at Avant?

A. I never preferred to work from home. I like to be out. I

-- just everyone has their way of working. To me, when you are

home, it is kind of easy to get distracted; there's the TV,

there's laundry, there's the dishes, so on and so forth. I

like to maximize my production when I'm, you know producing,

and that's being out of the home space for.

Q. I mean, that's pretty much, in your mind, the only reason

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why you thought you were an independent contractor is because

you had flexibility as to when you could work?

A. That's the only reason why I thought I was an independent

contractor?

Q. Sure.

A. I don't understand.

Q. Okay. Well, you told us that you had flexibility and there

were no consequences, right? That's -- and then you came back

and you thought about my question because it was a good

question and then you said, Well, you know, actually, there was

-- you know, there were consequences for an employee --

A. There were no consequences if you couldn't show up. I

mean, you don't get that in a W-2. I'm sorry, I am in a W-2

position currently. If I don't show up for a shift, there are

going to be consequences when I get to work.

Q. And you could work otherwise, let's say during the open

enrollment period of '21/'22, whenever you wanted; is that what

you're telling us?

A. Yes.

Q. Okay. So --

A. There is actually an agent, she's still with us. She was

with us during that time. And she never worked past 5:00. She

has a child, and she wanted to produce and maximize her time

until 5:00. She never stayed still 9:00. She very rarely

worked weekends. It -- it's what worked for her. We were not

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obligated to work 9:00 to 9:00, but the space was available

from 9:00 to 9:00.

Q. Could you work, let's say, and get it inbound leads at

10 o'clock at night?

A. Well, there's also -- I know that there is a law that after

a certain time, we are not able to contact clients. So it just

wouldn't be -- I mean, you can't -- you are not going to call

the client at 10 o'clock at night for insurance.

Q. No. But most of your calls were inbound, weren't they?

A. I'm sorry?

Q. Most of your calls were inbound?

A. Most were.

Q. Okay. And when it is 9 o'clock in Florida, it is what,

like 7 or 8 o'clock in Texas?

A. 7:00 or 8:00, yes.

Q. And 7 or 8 o'clock in Illinois, right, they are behind us?

A. Exactly, I guess. More or less that time.

Q. And you were licensed to sell insurance in Texas and

Illinois for Blue Cross Blue Shield?

A. Yes, we were.

Q. So you couldn't work and get inbound leads at 10 or

11 o'clock at night during open enrollment, could you?

A. I never asked to. 9 o'clock worked for me. I mean,

perhaps if we would have asked, the space may have been open

longer. But I don't know. We never came across that

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situation.

Q. It could have been there longer except for the fact that

Mr. Cortes's business in Colombia, Avant Assurance SAS, wasn't

sending leads after 9 p.m. Eastern Standard Time, were they?

A. I don't know the details of the Colombia team.

Q. But you --

A. I don't know if they could have gone longer or not.

Q. But you knew that you didn't get calls at the office,

inbound calls, after 9 p.m., right?

A. Based on what we all agreed upon, no one was there after

9:00.

MR. POLLOCK: Nothing further.

THE WITNESS: Thank you.

THE COURT: All right. Thank you, ma'am. You are

excused. You have a good day.

THE WITNESS: Thank you, you too.

(Witness excused.)

THE COURT: Next witness, please.

(Pause in proceedings.)

MR. TROPP: Defense rests, Judge.

THE COURT: I'm sorry?

MR. TROPP: We rest our case.

THE COURT: All right. Ladies and gentlemen, we will

take a brief morning recess. Please don't discuss the case.

COURT SECURITY OFFICER: All rise for the jury.

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(The jury exited the courtroom at 10:25 a.m.)

THE COURT: Please be seated.

I'll hear any motions, or is there rebuttal? I don't

know.

MR. POLLOCK: We are not going to do rebuttal, Your

Honor. The Plaintiffs will renew all previous motions and

objections, including for a directed verdict.

THE COURT: Thank you.

Motions from Defense?

MR. TROPP: No, Judge.

THE COURT: All right. Motions are denied.

Ready to do your closing? We will take a ten-minute

recess.

MR. POLLOCK: There was a proposed instruction that

the Defense had sent over concerning the unclean hands. We

have our objections to that. I don't know if you're -- I just

need to reiterate those, but I am happy to do it. I think it's

their burden because they are asking for the instruction, so

I'll handle it in course, unless Your Honor wants me to make

the argument now.

MR. TROPP: There was a copy that I sent from the

earliest revised that had some red lines on it and then I tried

to clean that up and sent that one, Mr. Pollock.

(Pause in proceedings.)

MR. POLLOCK: I think we are just talking about that

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paragraph. We still have the objection to the --

THE COURT: I'm sorry, can I see what the proposed

instruction is? You want to put it up on the ELMO or not?

Display it somehow?

MR. CUMMINGS: Your Honor, can Ms. Valiente be excused

to use the bathroom?

THE COURT: Yes, of course.

MR. CUETO: Ms. Gonzalez would like to use the

restroom, Your Honor.

THE COURT: Yes, sure.

(The exhibit was published to the Court.)

THE COURT: I'm sorry, did you understand me when I

spoke yesterday about the unclean hands defense and which of

the three claims it would go to?

MR. TROPP: Yes, on the equity.

THE COURT: The only equitable claim.

MR. TROPP: Unjust enrichment.

THE COURT: Unjust enrichment.

MR. TROPP: I might have to write.

THE COURT: But what you are showing me is a proposed

defense that goes to the FLSA claim.

MR. TROPP: I know.

THE COURT: All right.

(Pause in proceedings.)

THE COURT: All right. We will take our ten-minute

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recess, we will hear the closing arguments and then if you want

to propose something, I can look at it at some point. But this

is not -- what you're showing me now is not acceptable.

MR. TROPP: There has been so many revisions.

THE COURT: I'm sorry?

MR. TROPP: There have been so many revisions, I might

have sent the wrong one. I can fix that up. Can I ask, Your

Honor, just considering we had planned to take the whole

afternoon with Reinier and Andrea, and we're resting early, you

think we can have a little bit more time before the closing

other than ten minutes?

THE COURT: We have jurors sitting in the back

waiting. How much time are you asking for?

MR. TROPP: Maybe an early lunch?

THE COURT: It's 10:30.

MR. TROPP: 10:30, yes. Half an hour, 20 minutes?

THE COURT: While you keep jurors waiting in the jury

room? I'll give you 15 minutes. I mean, they've already been

out for five minutes. We will take another 15.

MR. TROPP: Okay.

THE COURT: All right?

MR. POLLOCK: Your Honor, I would like to be able to

utilize instructions in my closing.

THE COURT: You can certainly reference instructions,

except for this one which is not -- I am not giving this that's

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being proposed. So there is nothing else on the table. If you

want copies, Patricia can get you something.

MR. POLLOCK: I had the ones from yesterday, so I'm

going to work off of that.

THE COURT: Work off of that, certainly.

MR. POLLOCK: It's not an issue. And then go from

there.

THE COURT: Okay.

MR. POLLOCK: So I guess we have 15?

THE COURT: 15 minutes.

MR. POLLOCK: Perfect. Thanks, Judge.

COURT SECURITY OFFICER: All rise.

(A recess was taken from 10:33 a.m. to 10:51 a.m.)

COURT SECURITY OFFICER: All rise.

THE COURT: I believe Defense e-mailed a proposed

revised unclean hands defense instruction, which is not an

instruction on the law. There is no law stated there of what

unclean hands consists of. The theory that's written in the

instruction is not what was pled in the affirmative defense,

and it's replete with typographical and grammatical mistakes.

So I won't give that.

If you want to work on something else before I do

charge the jury, I will consider another submission.

Are we ready for the jury?

MR. POLLOCK: Yes, Your Honor.

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THE COURT: Let's bring them in.

(The jury entered the courtroom at 10:52 a.m.)

THE COURT: Everyone, please be seated.

Ladies and gentlemen, as you have heard, the

Plaintiffs and the Defendants have rested. All that remains is

for the attorneys to present to you now their closing

arguments, for me to instruct you on the law and for you to

deliberate together and render a verdict.

I am going to ask you to close your notebooks and put

them aside, and put those pencils aside and not take any notes

during closing arguments.

As you recall, I did not have you take notes during

opening statements either, and that is because what the lawyers

say is not evidence in the case, only what the witnesses say.

And your notes should be limited to notes about the

evidence. However, having said that, please do listen

carefully to the attorney's arguments as they are intended to

go over each side's perspective on that which you saw and

heard, and also address some of the legal requirements on each

of the claims the Plaintiffs are asserting and any defenses

that the Defendants may have.

We will be hearing first from Plaintiff's counsel,

then from Defense counsel and Plaintiff's counsel has the

opportunity to return and give a brief rebuttal close.

Mr. Pollock.

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Closing Argument on behalf of the Plaintiffs

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CLOSING ARGUMENT ON BEHALF OF THE PLAINTIFFS

MR. POLLOCK: The civil jury trial, it's kind of a

dying animal. We don't get them that often as lawyers. The

courts don't get them that often. And so when we, as the

lawyers, have an opportunity to have a trial, we appreciate

that. It's -- it's a phenomenal opportunity that comes from

hard work in preparation, and it comes with sacrifice. And I

said this in my opening, and I make it in my closing as well,

that we appreciate you taking time out of your lives to be the

most important part of our civil jury trial process, because

there was a lot of hard work put in by everybody in the

courtroom and the sacrifices that we all made.

Her honor has been working late and here early so that

we could come in and handle issues that we didn't have to

bother you with, and this has gone on since August of last year

when we filed this lawsuit. And so I -- I give you this

context so you can understand our true appreciation for your

service.

And this is the opportunity, and I will have another

opportunity at the end, so I am not going to do -- say the same

thing twice and I am not going to prolong anything more than I

have to, but there is two ways to do this, and that's how you

saw in my examinations, how when we direct a client, right,

when we put them on the stand, the person who goes first, goes

first; the person responds and then you get the last word, and

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Closing Argument on behalf of the Plaintiffs

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so I am going to get the last word. So I'm going to save some

of my comments for then.

But what I want to do now is talk about what the

evidence showed, right, and what you heard. Because this is a

civil trial, and you are going to hear about the burden in a

civil trial and what we have to prove and what -- in order to

win our case.

And the major distinction that you are going to have

in your minds is the difference between a civil trial and a

jury trial and the burden of proof. The other distinction is

that it's what the evidence is in our trial. And so the

evidence is what you heard and what you saw, and you are going

to hear instructions on that, and maybe even take them back to

the jury room with you.

So that's our burden. And then there's the evidence.

And so you take the evidence, you weigh it against the burden

and you come to your decision. And the evidence in the case,

except for Ms. Guerra and her testimony today, was all from us.

This isn't a criminal case where you get to just deny and we

have to prove everything and we have got to prove it in a

wrestling match where we have to pin you. That's not the case.

We don't have to pin them down. We don't have to prove our

case beyond a reasonable doubt.

And you are going to hear about our burden, which is

just slightly tipping the scales, but more importantly, it's

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about the evidence and that's how you decide cases.

What's the evidence? Who is telling the truth? Who

is not telling the truth? What's the motivation behind this?

What's an important fact, and what's something that's really a

distraction, it's irrelevant?

And so we had my clients who all came before you, and

Toussaint and I met with them beforehand so that we could make

this as quick as we possibly could. And I understand that it

took a little bit longer with Mariana and with Rafaela because

there's certain facts that we need to get into evidence through

their testimony. And then since we have them in evidence, we

didn't need to do it again with Carlos and with Delio. So

those were much shorter. But we got those facts into evidence

through their testimony.

What you didn't hear was Mr. Cortes come forward or

Ms. Gonzalez Quintero come forward, after having prepared with

their lawyers, and tell you their truth. And I don't think

that's because they're afraid of me. I'm not going to beat

them up. You know, I'm a lawyer. I'm not the best lawyer in

town, but. So they are not afraid of me, so why didn't they

come up? What are they afraid of?

What they are afraid of isn't me, it's not my clients.

You know, we are here in trial. Why they didn't go on the

stand is because they're afraid of the truth. They're afraid

of the truth coming out, and if they had got on the stand, that

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truth was coming out.

And I think already the truth has already come out in

this case. And, you know, sometimes I refer back to what I

said in opening, but I think today it's -- at least for now,

it's important to talk about what Mr. Tropp said in opening

about the truth, and I wrote them down and I put quotes on

them.

He said, The truth doesn't change and the truth is

simple. There's a lot of things we disagree with, but I'm

telling you now, I totally agree, the truth don't change and

the truth is simple.

He said that Mr. Cortes and his wife, quote, taught

them how to make money. Totally agree. Then I think we get

into some things that it's not a matter of what I agree with or

what my clients agree with or not, but what the evidence

showed. And one of the things that Mr. Tropp said in his

opening, that Mr. Cortes said on the stand, was that my clients

never complained about overtime or bonuses or commissions.

And I won't get into the different complaints and

whether you need to believe my clients or not, or whether you

just want to believe the documents. Because by now, you know,

there should be no doubt in your mind, even if that's not the

standard, the overwhelming evidence in this case is that my

clients, although they were classified by the Defendants as

independent contractors, although they were issued 1099s by the

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Defendants, doesn't mean that they were independent

contractors.

And so the terms 1099 and W-2, you know what they have

to do with whether somebody is an employee or an independent

contractor under the Fair Labor Standards Act to be entitled to

overtime? You know what has to do with that? Nothing.

Because if it did, when you see the jury instructions, you will

have seen that's one of the factors that it's -- this is how

they are paid. And one of the factors also involves who issues

those documents, right. What control do my clients have over

how those documents were issued?

And as my clients testified, if they were given --

Carlos testified if he was given a W-9 -- excuse me. If he was

given a W-4, he'd sign it. If he was given a W-9, he'd sign

it. Whatever your employer gives you for tax purposes so you

can report your income, you're going to sign it, and they did.

What really matters is what you heard and what are the

realities of all this. I mean, you heard Ms. -- Ms. Guerra

testify that she was -- she put the scale -- you know, on the

scale, and she was almost all dependent on my -- on the

Defendants.

So what you heard was that Mr. Cortes opened his

company in 2020 before open enrollment, he paid everybody as an

independent contractor and he did this so he could save on

operational expenses. I mean, I don't know how you run an

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entire company with all independent contractors who do the most

important part of your business, which is selling insurance,

but, hey, that's what he did.

So what we have is the evidence in the case where

Mariana got up and told you: This is where I go to work. This

is when they told me to work. This is what I did. This is

where I did it. They trained me on how I did it because before

I got there, I had no experience. I had an insurance license,

that's it. And by the way, she studied for two weeks to get

the license and she got it, and she started working and she

made a sale the first day.

Carlos, who was in the process of getting his health

insurance license because his sister inspired him, he got

there, he made a sale on the first day, listened to other

agents, Oh, that's how you make a sale.

You heard Ms. Guerra, you know, there's a lot of

clients who don't pay anything because of their income, and

they qualify for subsidized health insurance. How hard is it

to make a sale when somebody's on the phone with you because

they called in to a call center, call center transfers to you,

you're basically another call center, and says, Hey, I would

like insurance and I don't want to pay for it. No problem, you

qualify. Okay, great. Pick from these. Which one do you

want?

Sales took how long? You heard from my clients, you

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know, a couple minutes. Mr. Tropp was asking questions, you

know, it could take hours, it could take hours. Is there

anybody who'd ever came in the courtroom and said, Yeah, it

took me hours to make a sale? You heard the evidence. There

wasn't a single person who came in and said, Yeah, it took me

hours to make a sale.

Mr. Cortes, you know, he testified. You know, one of

the things you can remember and you can think about is, you

know, how many times did Mr. Cortes -- asked me a question --

to ask it a different way, or accused me of putting words in

his mouth? How many times did his testimony change in front of

you where he said one thing in the deposition, and then we

brought it out, went through that whole process, it's the same

truth. So if you are sitting in the courtroom, he said this

back then.

It's like Mr. Cortes came to you and said,

Mr. Pollock, because he addressed me like that when he didn't

like the question or he didn't like the answer, he didn't like

where it was going. Mr. Pollock, that's not what I said. You

misquoted me. Mr. Pollock, I have a reason for that. There is

a reason I changed my answer so that it's better for me now in

front of the jury in a federal courtroom. There's a reason for

all this.

The reason is because the truth is simple. The truth

doesn't change, and the truth of the matter is that my clients,

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and as you heard, the Defendants, had no training about what's

an independent contractor or what's an employee because if they

all agreed, guess what? We wouldn't be here. They had no

idea.

Independent contractor, it's cheaper. Okay, cool.

New business, great. Save money, independent contractor. We

don't have to pay a bunch of stuff. Don't have to pay Work

Comp. We don't have to pay social security taxes. We don't

have to take off withholding. We don't have to deal with any

of this back office stuff. We don't have to have these

expenses. We are spending enough money on computers and

software and office space and buying leads.

And, you know, Mr. Cortes has his business in Colombia

with all these call center agents. Why? Because my clients

were walking into basically a call center and they sat down at

a workstation and they worked on a computer and they put on a

headset. To get a call, they clicked a mouse, answer the phone

from the client that was provided to them, sell the insurance

in three to five minutes and it is like Jeopardy, you hit the

mouse instead of clicking the buzzer, answer. That's how you

the decide who is going to pick it up.

There's no skills -- there's definitely skills

involved, and I am not minimizing that. There are skills

involved in selling. There's skills involved in understanding

and knowing people. I am not denying that those are skills.

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The question is, are they specialized skills.

It takes skills to stand up in front of you and try to

convince you; that's my job. But I went to law school, I

trained for this. That's why lawyers are professionals.

And the insurance agent license, it was online.

Mariana sat in the office, took the course online for two

weeks, she passed the exam and that was it. She started

selling.

My clients didn't work anywhere else. They couldn't

work anywhere else. Yeah, they can have side jobs. I mean, it

is not like Rafaela who was testifying, Yeah, you know, I had

some supplemental insurance I was selling. You didn't hear

the -- like, she took off three weeks and she was taking off

days at a time. You heard Rafaela say, It was on the weekend,

it was after hours. I mean, why not go and bar tend after 9

p.m.? It means that they are hard workers. It doesn't mean

they are independent contractors.

I mean, the test in this case isn't how hard you work.

The test in this case isn't how much money did you make because

you are going to get -- you heard from Mariana; she said, I

worked really hard. I have a family. I had sacrifices I had

to make to work from 9:00 in the morning to 9:00 in the evening

in November through January. Leading up to Thanksgiving,

leading up to Christmas, into Christmas and New Year's.

All this time. We'd love that time with our families,

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but if you have a chance to make money, you are going to make a

sacrifice. Why? Because that sacrifice is going to pay off.

Does that mean that because we sacrifice and work really hard,

that changes us from an employee to an independent contractor?

No. It means that we work hard and we're given an opportunity

to make a profit. You didn't hear anybody say, Hey, I lost

money today. You didn't hear Mr. Tropp say, I could drive to

work and they would lose all this money from driving to work.

You all know that the time and money spent getting to

work is not what you put on your taxes, it is not a loss. I

mean, does it make sense that every agent would decide, Yeah, I

think it is more convenient for me to just work out of the

office today and tomorrow and the next day and every day? Does

that make any sense? I mean, if this was a hybrid job or this

was a remote job, my clients could have worked at home.

And by the way, even if they had a computer and a

headset and monitors, would that have made them independent

contractors? I mean, you can still be an employee and be a

remote employee.

I am going to pause for now, and I will come back in a

couple of minutes. Thank you.

THE COURT: Defense counsel.

MR. TROPP: Hello, ladies and gentlemen.

THE COURT: I'm sorry, you need a microphone,

Mr. Tropp.

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MR. TROPP: Yes.

CLOSING ARGUMENT ON BEHALF OF THE DEFENDANT

MR. TROPP: Okay. Start again. Hello, everyone. And

you have probably figured out by now, sometimes I can be a

little quirky. The other day if you ever -- I hadn't had my

best day with the technology; I hope you don't use that against

me. I have my moments, good and bad. I hope -- does everyone

understand me?

THE JURY: Yes.

MR. TROPP: If you don't understand, raise your hand,

or want me to repeat something, speak slower. I want to make

sure everyone understands.

Okay. So first of all, big point about this is they

brought a lawsuit. And you are going to hear the Judge's

instructions, and they have the burden of proof. We don't have

to prove their case. We didn't bring the suit here. And if

there was a decision for Reinier or his wife not to testify,

that would be a strategic decision. That wouldn't be on them.

It doesn't mean anything.

Reinier came up and -- I mean, this has been painful

these last three days. I mean, I would say for every ten

minutes that we presented evidence, they probably presented an

hour of that -- of theirs. And the first day, first witness

they called, we spent about two, three hours on Reinier. And I

mean, Reinier answered every question. He never, like, tried

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to avert the question, or he was never evasive. He answered

the questions. He answered them truthfully.

What else were -- were we going to bring him up again

today to go -- to rehash the same thing that Plaintiff was

unable to show for three hours the other day? What would be

the purpose of that? We don't have that burden. We don't --

what more could we -- we -- bring them up to rehash everything,

would that help to keep you guys another three hours listening

to this, for me to question Reinier over the same stuff that

we'd all heard on -- on -- on Monday? Or him saying that he

paid all the commissions, he paid all the bonuses, there was

never an agreement about the overtime. And then to have

Mr. Pollock question him again over the same things and then

look at you while he's asking him the questions, what would be

the purpose of that?

We don't have to do that. That's not our burden. And

-- and for -- there shouldn't be any inference or -- or you

shouldn't take that into any consideration him not coming

forward. We had no obligation.

He's proven beyond every standard what he had to prove

and show. He went through the whole cross-examination and --

and -- and that's a big point, that just because we didn't call

him today, we thought, we got enough. We have enough to put it

in your hands. We trust that you -- that you, the jury, are

going to come to the right conclusion to find the truth.

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Now, I said at the beginning, that's true, that the

truth stays the same. They said that they weren't allowed --

that the agents were not allowed to work for other companies.

And even Delio said, Yeah, we were not allowed to work for

other companies. But then, you know, a little bit during the

questioning, he admitted, oh, he's selling other insurances.

He was working for other companies. He had 1099s with this

concierge company. Everyone did.

Rafaela was selling life insurance. You don't have to

do it. You heard Katrina today say that she was working for

other companies; they don't care. These are professionals.

They have -- they are licensed professionals. I mean, you, the

jury, know Miami, like I talked about earlier, you know the job

market out here. Go try to find -- if you find an insurance

job, insurance agents work on commissions. It is not an hourly

job. You work -- if you want to work two hours, you're gonna

make a little money. It's your choice. That's what makes you

an independent contractor.

And that was the whole point. What, we are going to

bring Reinier up to say the same thing we've been saying from

day one? These people were independent contractors. They are

licensed professionals. They sold insurance policies based on

sales like every insurance agent. It is not a wage and hour

case. It's not an FLSA case. Those numbers, I mean -- I -- I

can't -- I can't say that I assume that I know what you are all

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thinking. I certainly have no idea how they came up with those

numbers. They are making them up. They're making them up as

they go along.

On top of that, when I said the truth doesn't change,

these -- these Plaintiffs continue working for months, never

send an e-mail or say, I'm owed commissions, I'm owed overtime,

I'm owed wages.

And then even up until the month before I took their

-- you heard me ask questions about what -- I was trying to

figure out, what is owed to you? What was owed? What was not

paid to you? At one point, Delio said -- I think he said

15,000 and then he says 35,000. They are coming up with these

numbers that are just invented, and they can't just do that.

They have to -- they have the burden of proof. They have to

show what was not paid, what they didn't get.

And -- and -- like, it's just human behavior. If

people are owed -- if someone's owed $25,000 because -- back a

year and a half ago, they are owed $25,000 and they're owed a

bonus, what's the behavior? You want it. You write letters,

you write an e-mail, you ask for it. You don't continue

working for a place for months, never bring it up and then all

of a sudden file a lawsuit and ask for all this stuff and then

come up -- like literally yesterday come up with numbers never

seen before, never requested or asked for.

But the part that I find most offensive is this is --

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this is a free country, and we all -- like this idea of

control, that these people are being controlled. You could

always walk away. No one is being controlled here. You don't

have to take the job.

But most importantly, the first thing that when people

get a job, you want to -- you sit down and you say, What do I

get? What do you get? What do I get? Oh, I get this salary

and I get that much. It was based on -- the agreement is, you

sell these policies, you get paid for this policy, you get $35,

$15, $5; if you sell a 1,500 of them, you get these bonuses.

You say, Oh, okay. And the harder you work, the more money you

get. That's the agreement.

This idea that you could come later on after you have

this agreement and you come in a court of law and say, Okay,

let me come up with these numbers and let's get a -- let's

figure out what my hourly is based on -- my hourly is going to

be higher because you paid me more money and then we'll divide

it with this -- these calculations that they are making up as

they go along.

Yeah, they have a right to do it. They could ask for

anything. They could ask for a million dollars or what have

you. They can come up with these formulas, but it's you who

decides. You know how things work. You can't make an

agreement with somebody. If I ask you, Hey, work for me, do

this thing for me and then later on come back and say, Oh, for

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all the hours I worked, I want 120 or $110 an hour; that was

part of the agreement? It was never part of the agreement.

So the most important part of this, before you go and

deliberate -- we are almost there, we are almost at the finish

line, thank God -- is you are going to hear instructions from

the Judge, and again, I am not here to distract you, I am

trying to make this simple for you.

There's going to be, like, long instructions about the

FLSA and the wages and how to calculate, but in every section,

it is going to say -- like, the part about recordkeeping, the

whole section on that, they'll say that if you find that they

are independent contractors, the employer has no obligation to

record keep and keep all the records or records of time for an

independent contractor.

And all the sections regarding wages and overtime and

everything, it's always the employer. You will see employee,

employer, employee and all these determinations. But the first

question you are going to be asked is you're -- you're going to

determine were they employees or independent contractors?

And if you find that they're -- which they are

independent contractors and not employees, none of that

applies. None of that applies, and that will take out, like,

half of the whole process. Make it really simple. Then you

get to the contract claim, you are saying -- which is what this

is really about. They're saying, Oh, there's a contract here;

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I wasn't paid X for that.

But the decision to not call Reinier today, why would

we? They have to show, they have to prove I wasn't paid for

this bonus, I wasn't paid for this commission.

I can't -- there was -- you can't point to one

commission. They can't say, Okay, this commission I was not

paid for, or this $35 Ambetter thing I sold in 2020, not one.

They just come up with these numbers that the attorney was

putting together as they're testifying.

And then when I asked Delio without those numbers, I

said, How do you come up with a formula? He had no idea. He

had no idea. He says 35, last month he said 15. And then I

asked him, How -- you are claiming this $25,000 bonus for

making 600 -- 600 people that you signed up for the Oscar

program. He says, Yes, I made those 600 people. Never

mentions it to anybody, never brags about it. Never says,

like, Oh, I got the $25,000 bonus.

Last month in deposition you heard he said, I have no

proof of the 600 people, and he didn't have any proof yesterday

either. They are making this up. They are making this up as

they go along. They're independent contractors.

And they try to like -- and I get it, that -- that we

are not supposed to, like, label and you have to determine

through the economic reality test, like the degree of control

that -- and -- and I wish, we should, I -- if it was up -- you

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know, I think that the best way to determine whether somebody

is an independent contractor or not is based on their taxes.

Are you a W-2 employee where the employer could tell you what

to do, when to come in, have all this control, which they did

switch to because of this after this. Or are you an

independent contractor? And they -- and we can't just go by

that, and I get that. We wish we could. It should be easy.

Because they're filing taxes saying they are

independent contractors and they are coming in and blaming him

for that. Rafaela was taking deductions for her computer and

car and everything, saying she is an independent contractor.

She never sent something to the government saying, Oh, no, I am

not a independent contractor. No. In fact, they set up their

own corporations that -- that technically they're working for,

that they're saying that they're self-employed by. They have

their own companies. They pay their own taxes. It is a

benefit for them not having your employer take your taxes.

They have deductions. They are not showing their tax records

here today or this week, but they're -- they're claiming to be

independent contractors with the government and then come in

here and say, Oh, no, I am not a independent contractor, you

misclassified me.

They knew from day one they were going to be

independent contractors. They were told that they had these

work schedules that they were ordered to do. No, the agents

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came up with those work schedules themselves and the days that

they were allotted. It would be like an infringement. You

can't -- if an agent showed up on somebody else's day, taking

up his leads, that would be, like, improper. It would be --

like, the other agent would be like, What are you doing? This

is my day.

And you heard that there was another agent that left

at 5:00 to take care of her kids. You saw those work schedules

where a couple of days Carlos was off and Delio was off. They

would -- they would figure that out between themselves.

The whole idea of the whole hiring and this whole

program is Reinier and his wife set up a system where you have

an opportunity for profit or loss based on how much work you

do. You want to make more money. You are not stuck in some

job getting minimum wage where you got no opportunity for

growth, no opportunity to move anywhere. No. They had -- they

had that opportunity. That was the whole beauty of being an

independent contractor.

So I'm not saying for you to, like, completely base

your decision on the fact that they all had their own companies

that they were working for, they filed the LLCs, they put

themselves out to the government and they signed their IRS

forms saying that this is all true and correct, that this is

their companies.

MR. POLLOCK: Objection, that's not in evidence, Your

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Honor.

THE COURT: The jury will rely on its recollection of

the testimony and evidence presented. Overruled.

MR. TROPP: That -- that they held themselves out as

independent contractors, took their deductions. They got to

keep -- they got to not have the employer pay their taxes; yet

they took on that responsibility themselves. You know, at one

point Delio said, Well -- they go, Oh, I set up my company --

because they blame him for that -- and I became an independent

contractor because of Reinier. I mean, take a little

responsibility, please.

You got the money. I assume that they paid their

taxes like we all do. They held themselves out as independent

contractors; they were hired as independent contractors. This

is an independent contractor job.

Part of the factors -- the key factors that you will

go through is -- like, five key factors which is a -- that you

are going to be asked to decide were they employees or

independent contractors? And to determine that, you are going

to look at the economic realities of the entire relationship of

the parties. The idea is that you are supposed to take

everything, the totality of the circumstances, take everything

into consideration. And only a jury can really make that

decision.

Employee, under control, or independent contractors,

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and who controlled the Plaintiffs' work? And it says that an

employee has a right to control the employee's work to set the

means and manner, hours and work to be done, set the hours.

Wherein in contrast, an independent contractor must accomplish

certain work assignments within the desired time the details,

means and manner by which the contract completes them are

determined by them, using special skills to perform that type

of work.

So they're told, Go out, sign up people. People are

going to be coming in in droves. It's a great opportunity for

them. Instead of going out like Rafaela would do and try to

find people on the street or what have you. You get a bunch of

people needing health insurance, that's what they provided to

people.

And these people got the leads similar to -- an

analogy is like -- it is like Uber. Uber sends the people who

need a ride. And yeah, Mr. Pollock made this thing, Well,

where's the car? They're -- they're the car. People need a

transportation. You have got Uber drivers who drive their car.

But this is -- what service is being offered? Insurance. So

they're -- these Plaintiffs, these contractors themselves are

like the car, like a Uber.

Yeah, Avant gave them the customers and they had to

close it using their -- themselves mostly. Yeah, you needed a

-- you needed a computer; you could use your own laptop. If

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they ask for access to the system, they were giving it to them.

You heard that any time they asked for access, if Carlos needed

to go to Colombia, sure, no problem. Because the whole idea is

the more money they make, the more money he makes. That's the

idea behind the commission job. That's sales. It is a sales

job, it's not a hourly job.

At one point -- okay. And then the other -- how --

how they were paid, that's another factor. Were they -- were

they paid piecework, commission basis? An employer's usually

provides vacation or sick time, insurance, retirement, other

fringe benefits. That wasn't the case here. And an

independent contractor is ordinarily paid an agreed or set

amount or according to an agreed formula.

If you read and if you see the instructions that the

Judge is going to give you on all these economic reality tests,

and every sentence is going to say, what is the difference

between an employee and an independent contractor? You are

going to see conclusively, they're independent contractors.

And the risk involved, the profit or faces the risk of loss.

So an employee has a predetermined rate, has no risk

of loss, has social security taxes paid by the employer. That

was not the case here. The big aspect about the profit and

loss is, yeah, some people have jobs that are dead-end jobs and

they have no opportunity to move or go up or down; they get the

same amount, no matter what they do.

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Here, they have every opportunity to make more money

or lose money based on themselves and their time and the hours

that they worked. They -- it's not that they were suffered or

forced to work, they chose to do it.

The big thing that the -- that Mr. Pollock's going to

talk about and, yeah, if you look at it like a carpenter,

carpenter needs his own tools, a plumber needs his own tools.

But not -- you know, like lawyers, they are independent

contractors. What do you need? We need to talk. We need

ourselves. A doctor is an independent contractor. Yeah, maybe

he needs the hospital or -- but, you know, or -- these are

professionals, they need themselves to tell you or help you get

a policy.

It's not a tool based industry. It's not about the

tools. And the tools, they could use their own tools. It

wasn't -- the computer, a DS L, I mean, this concept that like

if Reinier or Avant said, Okay, you come, get our leads, but

you have got to bring your own computer, otherwise you --

otherwise you might -- you know, someone's gonna make a wage

and hour claim and you have to bring your own towers. No.

They provided that to help. Somebody could have brought their

own, like, monitor or they brought their own mouses or the

headphones, those are big things. They can use the telephone,

they could use their head phones talking to people. It's not a

big tool factor.

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Independent contractors offer their services to the

public or others in particular industries and have procured

necessary licenses for performing their services. That's what

this is about. That's -- these definitions. It's not about

whether we bring Reinier up today and have you listen to this

whole gambit for another four hours, looking at these Excel

sheets that will make you dizzy and looking at these, like,

calculations that are, like, just made up and make no sense.

That's the ultimate question that they have to prove.

When you hear the instructions, it will say independent

contractors have procured necessary license for performing

their services.

Employees ordinarily work for only one or just a few

employers and do not have business names or listings. And

ultimately, what's the party's intent, is the sixth factor.

The intent is always important, but the description, the

parties themselves is not controlling, the substance over form.

So that's why I reiterate, yeah, I'm -- I wish it

would just -- like they classified themselves as independent

contractors, they agreed. They take this job saying, I'm an

independent contractor, I get the flexibility, that was the

intent. That's the most important.

What was the intention? And I -- I -- I say to you

that when they come up here -- when they came in front of you

and looked at you and said, Oh, yeah, I was an employee, I'm

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not an independent contractor, that goes to truth. That's not

true.

They knew they were independent contractors. They are

holding themselves out as independent contractors. For them to

say, Oh, no, I'm an employee now, let's change it. Let's come

up with these, frankly, like -- gobbledygook for rec- -- for,

like, coming up with calculations as to why they are owed these

numbers, it doesn't -- it's beyond the pale. I hope you see it

that way.

A big aspect I remember, Mariana made a few points

that -- that she said that $36,000 was owed to her in

commissions. And I was like, Where did that come from? We

never heard that before, didn't mention that earlier. She

said, Oh, I wrote a letter. I sent it by U.S. mail to him.

U.S. mail. And I sent a copy to my attorney.

$36,000. I said, Well, where is it? I would love to

see that. She sent a letter saying that she's owed $36,000

that she sent by U.S. mail. We never got that. Oh, well, she

got it. I sent it to my attorneys. Where is that? It was

never sent to her attorney; that was a lie.

And then she did say, Well, it was for 5500. I mean,

is that -- that's a lot of money. I don't know about you, but

that's a lot of money for me. That's a big difference. Well,

where's that letter for the 5500? You think that's, like,

behavior conducive with the truth? People are owed money and

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they write letters? They came in front of you. She said she

sent this letter out. There was never any letter for 36,000,

and for the 5500. It was untrue.

Rafaela said, Oh, yeah, I worked 12 hours a day, 12

hours a day for this open enrollment period. She was out --

she was out working at a warehouse for 20 days. Oh, yeah. She

says, Okay, you got me. I mean, God bless her, but I couldn't

even be mad, you know. I was like, Okay, that's okay with me

if that's okay with you.

She said she worked 12 hours a day for this whole

period, and we went through this whole calculation, which is

mind numbing with a whole filling out of the -- like they came

up with every insurance policy, how much to come up with per

hour or what have you. Oh, yeah, 20 days, which it was

actually more than 20 days, but 20 days. She wasn't there for

almost all of January, that whole month. And then she says,

Oh, yeah, in November I did go out to -- out of the country to

sell my mom's house and to Cuba and then to Jamaica for three

days. That was untrue. I mean, she didn't work. She said she

worked 12 hours a day for those 13 weeks, half of it not even

here.

And then -- and then Delio says, Oh, yeah, we weren't

allowed to work for other people. And he goes, Oh, yeah, yeah,

I worked for this -- I was selling insurance for this other

company that I got a 1099 for. Oh, yeah. But -- but it was

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just -- then he says -- makes the point, But -- I said, Well,

what about for the association of the concierge that you were

getting paid for and got a 1099 for? Oh, yeah, but that

wasn't -- that wasn't for ins- -- like -- like, that's.

The point was, they were saying they couldn't work for

somebody else, which is a huge part of this. When an employer

tells you, You can't work for somebody, you can't work for

somebody else. They were all working for other people.

Another thing is Delio Batista. Talk about being

evasive. I am sure you saw it, how somebody answers a

question. Did they answer the question directly and avoid the

answer? I mean, the guy didn't answer a single question.

Every question went like this and like that, but he didn't --

the answers that ultimately came out, working for other people,

working for other companies.

He said that he worked this whole open enrollment 12

hours a day when there wasn't even an enrollment period because

of COVID. He got caught in that one; that was a big one.

Go through all of them. There is not -- we didn't

bring Reinier up today because he answered all his questions.

What else is there to bring? He said, Here is the payments,

this is what was paid. He sent out the text 1099s, the tax

information. Carlos, he worked seven months; he got a total

of, like, 72,000. That's why I figured out if you did the

math, divide it by the time he worked there, came out to over

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10,000 a month. All of them were making bank over there,

making a lot of money.

There was never any gaps where they were getting paid

below minimum wage or not getting money. And out of the

goodness of his heart, he didn't have to, but he would give

advances to people, make sure that they didn't go without money

because he was trying to develop these relationships.

Another thing is, Delio even testified to it, that he

was asked to come in to do this open enrollment period for the

three-month period. There was nothing about permanency. No

permanency aspects of this job.

I don't want to lose you. I feel like I might be

losing you, so I'll -- I'll -- I'll stop now and I think,

Mr. Pollock is going to address you.

We are almost there. We are almost at the finish.

Thank you.

MR. POLLOCK: Your Honor, can I get commiserate time

as well?

THE COURT: I'm sorry?

MR. POLLOCK: Can I get commiserate time as well?

THE COURT: Yes. Rebuttal.

MR. POLLOCK: Thank you, Your Honor.

REBUTTAL ARGUMENT ON BEHALF OF THE PLAINTIFFS

MR. POLLOCK: So it's -- it's pretty cool when, you

know, the other side comes up and says, You guys are right.

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And -- I mean, I was blown away when Mr. Tropp got up here and

said, Yeah, our agents are paid as employees now because of

your lawsuit. It's like the old saying, if it ain't broke,

don't fix it.

But if it is, you don't want a problem with your other

agents coming in and suing you for overtime. No explanation as

to why, but that's what he said. Not my words. I mean, I'm

glad he said it, but those are his words.

I don't know how you come back off that one, but it's

a good effort.

Can I get the Elmo, please -- I mean the HDMI?

THE COURT REPORTER: It's on.

MR. POLLOCK: Okay, thank you.

Let's just, you know, drive on and try to make it kind

of interesting, because we are all used to looking at

everything on our phones and visual, and so I am kind of a

visual guy.

So the evidence proved that my clients are owed wages,

they are owed overtime and they are owed the commissions and

bonuses. And the Defendants didn't pay taxes, social security,

Work Comp. premiums, and they didn't do it to save money, just

like they didn't pay overtime to save money. And they didn't

pay all the commissions and they didn't pay all the bonuses to

their employees so that they could save money and keep it for

themselves.

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But, you know, this evidence -- and I'll go through

what the -- the jury instructions. But my clients were

employees. They got everything that they needed, including the

back office support. They were told what insurance to sell and

how to sell it and where to sell it and everything. And the

Defendants, all of them, Mr. Cortes, his wife, they controlled

everything. They had -- they had cameras. They had call

center managers. I mean, you don't manage independent

contractors. You let them do whatever the heck they want to do

when they want to do it. Could earn business for themselves,

and they are not dependent on any one person.

But they supervised everything, and they controlled

all of the work, when to work, where to work, the permission,

what to sell, how to sell it, who to sell it, how much you are

going to get paid on commissions. It's not like my clients

could negotiate a different price. They couldn't negotiate how

much they were going to get per sale.

This is a preprinted commission statement, here it is,

take it or leave it. Okay, we'll take it. That's the

agreement we are going to work under, claiming that's a

contract. You don't hear anybody on the other side saying, No,

that's not a contract. Mr. Cortes says it's a contract. You

heard Ms. Guerra say, Yeah, that's how I worked. That's the

basis of the commissions and bonuses. And so they had complete

control over everything my clients did.

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And what Mr. Cortes said that my clients needed to

bring, and I asked him about it, I cross-examined him, he

testified that they needed their voice, their computer skills

and be able to type. That's it. There is no special skills

needed to do this job.

And now they pay their other agents as employees. The

only difference is we called them out on it in court and then

they changed.

So the evidence showed that Avant Assurance employed

my clients. Reinier Cortes employed them and so did

Ms. Gonzalez Quintero. I mean, Mr. Cortes is the boss.

You never got any -- anybody complained, but you have

Carlos sending his statements over, you've got the e-mails from

Rafa, but yet nobody complained? They all complained. In

fact, Carlos sent over his spreadsheets and there's a -- you

know, and the reason why nobody made that much of a big deal

about it is because what do you do when your employer's got

$5,000 of your money and you complain and nothing happens? And

then it builds to 10,000, and then it's 15-, and you're like,

Well, he keeps saying, you know, we will talk about it. He

keeps saying he's going to pay me. If I piss him off and he

fires me, then what do I do?

And so in 2020, in May, you heard Carlos, Mr. Cortes

gets a house, he gets a car, he moved into a new office. What

do you think happened to the money? And I said, you know, this

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is like the Wizard of Oz. Then you got Mr. Cortes and he's,

you know, in his office and he is the one who has the

spreadsheets and he's the one who's determining how much every

agent is going to get paid, because his name is on every

policy. You know, he's -- you know, he's the wizard behind the

curtain with the computer.

So, you know, that's what the evidence showed. And so

I am going show you how to -- where to get and how to get

there.

So -- can I get the ELMO, please?

So her honor is going to provide you with special

interrogatories and possibly the instructions themselves, and I

will go over them, but I think it's easy to just show you how

to fill out this form because the case and the evidence is so

overwhelming we've met our burden; and our burden in this case,

like I said, it's not a wrestling match. We don't need to pin

them to the ground. This is -- this is for even.

So if we are even at the beginning of the case and I

put a sheet of paper on one side, that's all we need to win.

It's a feather on a scale, that's all you need. I mean, it's a

drop of water. It's just a hair more.

This isn't the situation where you've got a sailboat

in the distance and you don't know which way the wind is

blowing because you can't tell because it is not a big wind.

This isn't a case where you say, Ah, you know what, the wind is

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blowing from the left because I see the sailboat leaning way

over. This is the situation and all you need to find is you

need to get up close and examine, if the sailboat is leaning

just a little bit, we win. We have met our burden.

So here, we've met our burden by a tremendous margin

on each of these issues. And for everybody, you're going to be

asked, for Delio, for Mariana, for Rafa, and for Carlos, were

they employees of Avant Assurance? The answer is yes. Reinier

Cortes, the answer is yes. Ms. Gonzalez Capote, the answer is

yes.

As far as, are they owed overtime, the answer is also

yes. We have proven that they are employees, and as they're

employees, you have heard even Ms. Guerra say that everybody

worked overtime. You heard Rafa say that when she worked, she

was working overtime throughout the year because they just

didn't have any agents for 2020 to 2021 until Mariana started,

until Carlos started, and then they had more agents. And

because they had more agents after open enrollment, they worked

less.

And so for Delio, we provided you, and I know you took

notes of the numbers, and I can show them to you again, but the

overtime that Delio was owed is 13,665.28. And, you know,

Mr. Tropp was saying, They are not exact, they are not exact.

But I'll show you in a second as to why we don't have to be

exact as far as inadequate records.

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And so the next question is, did Avant fail to pay

Delio the bonuses and commissions? And again, the answer's

yes. And how much is he owed? Exactly what Delio estimated,

$57,096.20.

And you get to skip the next question because we have

two theories under which we are going under. One is, there's

contracts. Each of my clients had a contract, an agreement. I

am going to get paid $10 a policy for Rafa and Delio until open

enrollment, and then I am going to get paid according to the

commission sheet. And then for the next series of contracts

it's, I am getting paid according to the commission sheet for

2021 to 2022 and on. And so that's what we calculated.

So the same questions are going to be for Carlos. And

for Carlos, he's owed 14,596.44 in overtime. The difference is

for Carlos, you saw in his spreadsheets, and Carlos has his

spreadsheets, and between the $25,000 in commissions -- excuse

me, the $25,000 bonus and the $15,000 in commission, it's the

same $40,000 that he talked about in his deposition because

remember I went through the exercise, $10,000, $5,000 is

$15,000. And you said in your deposition you're owed $15,000

in commissions. It's the numbers.

And then the same for Mariana. She's another employee

of the three Defendants. She's got overtime wages of $16,000

and they failed to pay her bonuses and commissions of $15,700.

And you get to skip the unjust enrichment because I

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think really this case is about contracts. I think they

weren't just the numbers, but we don't get to recover twice.

And again, we are not asking for any more than what we are

entitled to.

Rafa was an employee of everybody, and she is owed

$26,916.59, because remember, she worked much longer. And she

was great at her sales, and she is owed $73,000 for the bonuses

and commissions. And then you sign and you date your verdict

form. And so that's this case.

Mr. Tropp went through with you on the jury

instructions, and I actually want to go through some of them

with you because I don't want to just talk and make stuff up.

I mean, you heard the evidence. You heard what was made up and

what was real, what you heard.

And so the law deals with inadequate records, and it

requires -- this is not according to me, this is according to

the law, but it requires employers to keep records of the hours

their employees, like my clients, worked.

And if they failed to do it, and it's made it

difficult for us to give you an exact amount, Plaintiffs may

recover a reasonable estimation of their damages. And if we're

so wrong and we have been sitting here for four days -- and

this trial didn't get sprung on us, you know, Friday

afternoon -- what is the alternative explanation? Hey, they're

wrong. I know they worked overtime. And if you are going to

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find something, awarded them X. It's a light switch.

We're employees, we're owed money. We're owed the

money that we claim because there is no explanation otherwise.

We have claims against Ms. Gonzalez and, you know,

Mr. Cortes. I don't think there is any dispute, any reasonable

dispute that they were controlling and supervising my clients

and their work. And so then we get to this issue of

independent contractor versus employee and we talk about the

right to control; when and how and the means and the manner.

So if you're in business for yourself, you heard

Carlos say it, I just show up when I want to show up, man. He

didn't have to go and -- you heard Ms. Guerra say, Yeah, well,

you know, it's a matter of courtesy. It is not a courtesy to

piss off your boss; they're going to fire you. Is it a matter

of courtesy? Was she really working for herself? No. Just

like my clients. And because she wasn't working for herself,

she became an employee or she was paid as an employee because

of this lawsuit.

How were they paid? Well, an employer usually pays an

employee on time worked, fees worked or commission basis. In

other words, they set the amount, and you have the ability to

go do it. Like car salesmen and other salesmen and saleswomen

and salespeople, you can go and sell and be an employee.

Because you are making on commission, that makes you an

independent contractor? No. They didn't go door to door.

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They went to an office, they clicked the mouse, they said what

they had to say for a couple of minutes and that was it.

Was there a risk of taking a loss? Were they

compensated at a predetermined rate, like 5 to $35 a member, or

10 for the year before?

And then we get to the good stuff. Who provided the

tools, equipment and supplies? An employee doesn't.

How do they offer their services? Did they advertise?

Is there any evidence in this case that my clients advertised

or offered their services? And the description isn't

controlling. Substance governs over form, in other words,

resonates with me.

THE COURT: One minute.

MR. POLLOCK: And the most important question is

whether the Plaintiffs were economically dependent on the

Defendants, or whether they were independent contractors

themselves. It is not governed by the label. You look to the

reality of the relationship and what that relation- -- and

whether that relationship demonstrates dependence. Meaning did

my clients need, and I think they did, the computer, all the

agreements with the insurance companies and the leads and the

computer and the monitor to go in and work? Yeah. They're

employees, they're owed overtime.

This case is about overtime and the wages that they're

owed, nothing more and nothing less. And that's all we are

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asking you to award them, because an award for my client is not

a reward. They worked hard for this money, they sacrificed

time with their families and they earned it.

THE COURT: Time.

MR. POLLOCK: Thank you, Your Honor.

Thank you, ladies and gentlemen. It's been a pleasure

and an honor.

THE COURT: Ladies and gentlemen, we're going to give

you a brief break. My courtroom deputy is going to meet you in

the jury room now to take your lunch orders. We will be

ordering lunch in for you, so if you can fill out those forms.

We'll bring you back out to the courtroom and I will instruct

you on the law at that time.

(The jury exited the courtroom at 12:01 p.m.)

THE COURT: So Defendants have submitted yet another

version of the unclean hands defense instruction that they want

me to read to the jury.

Have you had a chance to look at it, Mr. Pollock?

MR. POLLOCK: I looked at it briefly.

THE COURT: I can't make much sense of it. It does

say, The equitable doctrine of unclean hands applies when a

party seeking equitable relief has committed an unconscionable

act immediately related to the equity the party seeks in

respect to the litigation. To assert an unclean hands defense,

the Defendant must demonstrate the Plaintiff's wrongdoing is

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directly related to the claim against which it is asserted, and

even if directly related, the Defendant must also show that it

was personally injured by the Plaintiff's wrongful conduct.

And here, Avant contends that the Plaintiffs' claims

for unjust enrichment are barred because Plaintiffs' own

inequitable conduct and wrongdoings are directly related to

this claim.

Such Plaintiffs own wrongdoing and unclean hands are

to be considered, and as a result, their claim for unjust

enrichment should be barred in full.

I don't understand it.

MR. CUETO: I took up drafting that.

THE COURT: I'm sorry?

MR. CUETO: I took over drafting while Mr. -- I wanted

to just --

MR. TROPP: I had -- I had initially put in the

affirmative defense of unclean hands, and I listed all the

authorities for it, but I -- at the end, just those two

sentences, that it should be considered.

THE COURT: What is it -- what is it, though? In

other words, the alleged wrongdoing, the wrongdoing that you

assert should bar the claim for unjust enrichment is what

exactly? You don't -- we don't frame it for the jury in this

muddled instruction.

What is the unclean hands that you maintain? In your

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-- in your answer it was what?

MR. CUETO: The cease and desist letter.

THE COURT: In your answer where you pled the

affirmative defense, what was -- what was the conduct that

constituted the unclean hands? Do you know?

MR. TROPP: Well, yeah, the interference and the --

that basically -- I had initially put that in there, that they

basically had a scheme to defraud. And in response to their

interference with the business of Avant, they came up with

this --

THE COURT: Third affirmative defense barred by the

doctrine of unclean hands because the Plaintiffs at all

material times claimed 1099 independent contractor status with

the IRS.

How does that relate to unjust enrichment?

MR. CUETO: I --

THE COURT: First of all, this proposed instruction

doesn't even tell the jury what you claim is the conduct

constituting the unclean hands that should bar recovery under

an equitable doctrine of unjust enrichment.

MR. CUETO: It was also the interference with the

clients.

THE COURT: Where do you say that? In your pleading,

in your affirmative defense.

MR. CUETO: I don't believe it's asserted.

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THE COURT: I'm sorry?

MR. CUETO: I don't think it's described in there.

THE COURT: It's not. So the only unclean hands

defense you presented was this one that I'm reading from, from

Docket Entry 14. The unclean hands consists of the Plaintiffs'

claiming 1099 independent contractor status with the IRS.

MR. CUETO: So the defense is, it is inequitable for

them to come to this court asserting that they are employees

when they self-reported to be independent contractors. We

believe that's -- that's inequitable.

THE COURT: But that's -- but that's not what this

proposed instruction even says, right? Where is that in here?

MR. CUETO: I believe it was -- I believe it was

initially --

THE COURT: I don't know what I am working with. You

folks want me to add something at the eleventh hour to these

instructions and you're giving me --

MR. CUETO: I took over from --

THE COURT: I understand that. I don't have anything

to work with now. The jury is coming back in about ten

minutes. If you can clean this up, I will add it; if you

can't, I won't.

MR. POLLOCK: Your Honor?

MR. TROPP: I understand, Your Honor.

THE COURT: I'm sorry?

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MR. POLLOCK: I said, Your Honor, may we reopen just

to put into evidence the summaries of the worksheets of -- of

the wages that Mr. Cummings and I went through with the

witnesses?

THE COURT: I'm sorry, what summaries?

MR. POLLOCK: There were the demonstrative worksheets

that we had. Can we admit -- can we move those into evidence?

THE COURT: Those are demonstratives.

MR. POLLOCK: Okay. Thank you.

THE COURT: I will be back in about ten minutes. If

you are able to clean it up, I will add it; if not, I'm just

going to print out the jury instructions I do have and give

those. Thank you.

(A recess was taken from 12:07 p.m. to 12:16 p.m.)

THE COURT DEPUTY: All rise.

THE COURT: Are they ready Patricia, the jurors?

THE COURTROOM DEPUTY: Checking.

THE COURT: Okay.

(Pause in proceedings.)

(The jury entered the courtroom at 12:20 p.m.)

THE COURT: Everyone, please be seated. I would ask

the court security officer to pass out those instructions to

each of the jurors.

COURT'S CLOSING INSTRUCTIONS

THE COURT: Ladies and gentlemen, these are the

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instructions on the law that you must use in deciding this

case. You each have, as you can see, have your own set of

these instructions, and you will have these to take back with

you and use during your deliberations.

When I have finished, you will go to the jury room and

begin your discussions, sometimes called deliberations. You

are free to read along with me, if you would like.

Your decision must be based only on the evidence

presented here. You must not be influenced in any way, by

either sympathy for or prejudice against anyone.

You must follow the law as I explain it, even if you

do not agree with the law - and you must follow all of my

instructions as a whole. You must not single out or disregard

any of the instructions on the law.

The fact that a corporation is involved as a party

must not affect your decision in any way. A corporation and

all other persons stand equal before the law and must be dealt

with as equals in a court of justice. When a corporation is

involved, of course it may act only through people as its

employees; and in general, a corporation is responsible under

the law for the acts and statements of its employees that are

made within the scope of their duties as employees of the

company.

As I said before, you must consider only the evidence

that I have admitted in the case. Evidence includes the

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testimony of witnesses and the exhibits admitted. Anything the

lawyers say is not evidence and is not binding on you.

You should not assume from anything I have said that I

have any opinion about any factual issue in this case. Except

for my instructions to you on the law, you should disregard

anything I may have said during the trial in arriving at your

own decision about the facts.

Your own recollection and interpretation of the

evidence is what matters.

In considering the evidence, you may use reasoning and

common sense to make deductions and reach conclusions. You

should not be concerned about whether the evidence is direct or

circumstantial.

"Direct evidence" is the testimony of a person who

asserts that he or she has actual knowledge of a fact, such as

an eyewitness.

"Circumstantial evidence" is proof of a chain of facts

and circumstances that tend to prove or disprove a fact. There

is no legal difference in the weight that you may give to

either direct or circumstantial evidence.

When I say that you must consider all the evidence, I

do not mean that you must accept all the evidence as true or

accurate. You should decide whether you believe what each

witness had to say, and how important that testimony was. In

making that decision, you may believe or disbelieve any witness

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in whole or in part. The number of witnesses testifying

concerning a particular point does not necessarily matter.

To decide whether you believe any witness, I suggest

that you ask yourself a few questions:

Did the witness impress you as one who was telling the

truth?

Did the witness have any particular reason not to tell

the truth?

Did the witness have a personal interest in the

outcome of the case?

Did the witness seem to have a good memory?

Did the witness have the opportunity and ability to

accurately observe the things he or she testified about?

Did the witness appear to understand the questions

clearly and answer them directly?

Did the witness's testimony differ from other

testimony or other evidence?

You should also ask yourself whether there was

evidence that a witness testified falsely about an important

fact. And ask whether there was evidence that at some other

time, a witness said or did something or did not say or do

something that was different from the testimony the witness

gave during this trial.

But keep in mind that a simple mistake does not mean a

witness was not telling the truth as he or she remembers it.

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People naturally tend to forgot some things or remember them

inaccurately. So if a witness misstated something, you must

decide whether it was because of an innocent lapse in memory or

an intentional deception. The significance of your decision

may depend on whether the misstatement is about an important

fact or about an unimportant detail.

In this case, it is the responsibility of Plaintiffs

to prove every essential part of their claim[s] by a

"preponderance of the evidence." This is sometimes called the

"burden of proof" or the "burden of persuasion." A

"preponderance of the evidence" simply means an amount of

evidence that is enough to persuade you that the Plaintiffs'

claims are more likely true than not true.

If the proof fails to establish any essential part of

a claim or contention by a preponderance of the evidence, you

should find against the Plaintiffs.

When more than one claim is involved, you should

consider each claim separately.

In deciding whether any fact has been proved by a

preponderance of the evidence, you may consider the testimony

of all of the witnesses, regardless of who may have called

them, and all of the exhibits received in evidence, regardless

of who may have produced them.

If the proof fails to establish any essential part of

the Plaintiffs' claims by preponderance of the evidence, you

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should find for the Defendants as to that claim.

Plaintiffs, Delio Batista, Carlos Lopez, Mariana Lopez

and Rafaela Valiente, claim that Defendants, Avant Assurance,

Reinier Cortes and Andrea Gonzalez Quintero, did not pay

Plaintiffs the overtime pay required by the Fair Labor

Standards Act, also known as the FLSA.

The rights and requirements of the FLSA are mandatory

and cannot be waived, negotiated or bargained away between

employers and employees. These rights and requirements cannot

be abridged by contract or otherwise waived by an employee and

can only be compromised when supervised for fairness by either

the U.S. Department of Labor or a Court. The rights and

requirements of the FLSA, however, do not apply to independent

contractors.

To succeed under FLSA claim against Defendants,

Plaintiffs must prove each of the following facts by a

preponderance of the evidence:

First, that Plaintiffs were employees of the

Defendants, and;

Second, that the Defendants failed to pay Plaintiffs

the overtime pay required by law.

As to the overtime claim: Permitting an employee to

engage in an activity is considered work under the FLSA. If

Defendants knew or had reason to believe a Plaintiff was

working, including work performed away from the office, then

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the time is work time and is compensable. It is not relevant

that the employer did not ask the employee to do the work. The

reason that the employee performed the work is also not

relevant. If the employer knows or has reason to believe the

employee works overtime, the additional hours must be counted

as hours worked.

Now, the FLSA requires employers to pay an employee at

least one-and-one-half times the employee's regular rate for

time worked over 40 hours in a workweek. Put another way, if

an employee earned works more than 40 hours in one workweek,

the employer must pay the employee the overtime rate of 1.5

times the regular rate for all time worked after the first 40

hours. This is commonly known as time-and-a-half pay for

overtime work. Plaintiffs claim as unpaid overtime wages the

difference between the amount they earned and the

time-and-a-half pay they claimed they also earned.

If Plaintiffs are owed overtime, it should be based on

one-half the "regular rate."

First, you must find the "regular rate." Commissions

and non-discretionary bonuses must be included in calculating

the "regular rate." This is true regardless of whether the

commission or bonus is the sole source of the employee's

compensation or is paid in addition to a guaranteed salary or

hourly rate and regardless of the method, frequency or

regularity of computing, allocating and paying the commission

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or bonus. It does not matter whether the commission or bonus

earnings are computed daily, weekly, biweekly, semimonthly

monthly or at some other interval.

If it is not possible or practicable to allocate the

commission or bonus to a particular workweek, you shall presume

that the employee earned an equal amount of commission and/or

bonus in each week of commission and bonus computation period

and compute any overtime compensation based on this amount.

An employee's regular rate for one week is the basis

for calculating any overtime pay due. The regular rate for a

week is determined by dividing the total commissions and/or

bonuses earned during the period in question by the number of

weeks the commissions and/or bonuses were intended to cover.

This will give you an amount each Plaintiff earned each week.

To determine the regular rate, divide the amount each

employee earned each week by the total hours worked each week.

Employees are entitled to recover as overtime wage damages

one-half the "regular rate" for each overtime hour worked.

You must then determine how many overtime hours each

employee worked each week by subtracting 40 from the total

hours each employee worked each week.

Once you determine the "regular rate" and any

"overtime hours per week," you should then multiply the

overtime hours per week by one-half the "regular rate" for each

overtime hour worked.

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The amount of damages is the difference between the

amount Plaintiffs should have been paid and the amount they

were actually paid. Plaintiffs are entitled to recover damages

earned from the date of your verdict back to no more than two

years before they filed this lawsuit on August 23rd, 2022.

Inadequate Records: The law requires employers to

keep records of how many hours their employees work and the

amount they are paid. Employers are not required to maintain

records for independent contractors.

Plaintiffs claim that Defendants failed to keep and

maintain adequate records of their hours and pay. Plaintiffs

also claim that Defendants' failure to keep and maintain

adequate records has made it difficult for Plaintiffs to prove

the exact amount of their claims.

If you find that Defendants failed to keep adequate

time and pay records for Plaintiffs and that Plaintiffs

performed work for which they should have been paid, Plaintiffs

may recover a reasonable estimation of the amount of their

damages. But to recover this amount, Plaintiffs must prove by

a preponderance of the evidence a reasonable estimation of the

amount and extent of the work for which they seek pay.

Individual Liability: An individual can also be

liable for a Plaintiff's damages under the FLSA if the

individual plays a substantial role in causing the FLSA

violation. To determine whether the individual is liable, you

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must consider all the relevant circumstances rather than any

one technical factor. Plaintiffs must prove that Defendants,

Reinier Cortes and Andrea Gonzalez Quintero, had operational

control over Avant. In other words, Cortes and Gonzalez

Quintero must have controlled significant aspects of Avant

Assurance Inc.'s day-to-day functions, including employee

compensation or have had direct responsibility for the

supervision of Plaintiffs.

It is not always clear whether the law considers

someone an "employee," and it is not always clear who the law

considers someone's "employer." Some people, for example,

perform services for others while remaining self-employed as

independent contractors.

You must decide: Were Plaintiffs employees of Avant

Assurance, Inc., Reinier Cortes and Andrea Gonzalez Quintero,

or for were Plaintiffs independent contractors? You should

answer this question in light of the economic realities of the

entire relationship between the parties. There are a number of

factors you must consider based on all the evidence in the

case:

Who controlled Plaintiffs' work? In an

employer/employee relationship, the employer has the right to

control the employee's work, to set the means and manner in

which the work is done and set the hours of work. In contrast,

an independent contractor generally must accomplish a certain

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work assignment within a desired time, but the details, means

and manner by which the contractor completes that assignment

are determined by the independent contractor, normally using

special skills necessary to perform that kind of work.

How were Plaintiffs paid? An employer usually pays

and employee on a time worked, piecework or commission basis,

and an employer usually provides vacation, or sick time,

insurance, retirement and other fringe benefits to the

employee. An independent contractor is ordinarily paid an

agreed or set amount, or according to an agreed formula, for a

given task or job, and no benefits are provided.

How much risk or opportunity did Plaintiffs have? An

independent contractor is generally one who has the opportunity

to make a profit or faces a risk of taking a loss. But an

employee is generally compensated at a predetermined rate, has

no risk of loss and has social security taxes paid by the

employer.

Who provided Plaintiffs their tools, equipment and

supplies? An independent contractor usually provides the

tools, equipment and supplies necessary to do the job - but an

employee usually does not.

How did Plaintiffs offer services? Independent

contractors generally offer their services to the public or

others in a particular industry, have procured the necessary

licenses for performing their services and they have a business

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name or listing in the phonebook. Employees ordinarily work

for only one or just a few employers, and do not have business

names or listings.

What was the parties' intent? The parties' intent is

always important. But the description the parties themselves

give to their relationship is not controlling - substance

governs over form.

You should consider all the circumstances surrounding

the work relationship. No single factor determines the

outcome. Nevertheless, the extent of the right to control the

means and manner of the worker's performance is the most

important factor. The factors listed above are guides for your

determination of employee status under the FLSA, but the most

important question is whether Plaintiffs were economically

dependent upon Defendants or were they independent contractors

in business for themselves. The question of employee or

independent contractor status is not governed by the label put

on the relationship by the parties, nor is it relevant whether

the parties intended to create an employment relationship.

Whether an individual is an independent contractor or employee

requires that one look past the label put on the relationship

and look to the economic reality of the relationship.

Plaintiffs also claim that they and Avant Assurance

entered into a series of contracts to pay bonuses and

commissions based on the insurance policies they sold, that

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Avant Assurance breached these contracts by failing to pay them

all the commissions and bonuses they earned and that the breach

resulted in damages to each of them. Contracts may be written

or oral, and may be partly written or partly oral. Oral

contracts are just as valid as written contracts.

To prove that contracts were created, Plaintiffs must

prove all of the following:

One, the essential contract terms were clear enough

that the parties could understand what each was required to do;

Two, the parties agreed to do something or not to do

something, may have value;

Three, the parties agree to the essential terms of the

contracts. When you examine whether the parties agreed to the

essential terms of the contract -- contracts, ask yourself if,

under the circumstances, a reasonable person would conclude,

from the words and conduct of each party, that there were

agreements. The making of a contract depends only on what the

parties said or did. You may not consider the parties'

thoughts or unspoken intentions.

If Plaintiffs did not prove all of the above, then

contracts were not created.

To recover damages from Avant Assurance Inc. for

breach of contract, the Plaintiffs must prove all of the

following:

One, Plaintiffs and Avant Assurance Inc. entered into

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contracts;

Two, Plaintiffs did all or substantially all of the

essential things which the contracts required them to do or

that they were excused from doing those things;

Three, All conditions -- conditions required by the

contracts for Avant Assurance Inc.'s performance had occurred;

Four, Avant Assurance Inc. breached the contracts by

not paying the commissions and/or bonuses the contracts

required it to pay;

And five, Plaintiffs were damaged by that failure.

If a contract does not state a specific time within

which a party is to perform a requirement of the contract, then

the party must perform the requirement within a reasonable

time. What is a reasonable time depends on the facts of each

case, including the subject matter and purpose of the contract

and the express intent of the parties at the time they entered

into the contract.

Contracts can be created by the conduct of the parties

without spoken or written words. Contracts created by conduct

are just as valid as contracts formed with words.

Conduct will create a contract if the conduct of both

parties is intentional and each knows, or under the

circumstances should know, that the other party will understand

the conduct as creating a contract.

In deciding whether a contract was created by conduct,

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you should consider the conduct and relationship of the parties

as well as all of the circumstances.

Plaintiffs' last claim is asserted in the alternative,

and the -- and in the event that you do not find Plaintiffs

entered contracts with Avant Assurance Inc. In this last

claim, Plaintiffs state that Avant Assurance Inc. owes them

commissions and bonuses for selling policies of insurance for

it because without payment for the additional amounts they

claim are owed, Avant Assurance would be unjustly enriched. To

establish this claim, Plaintiffs must prove all of the

following:

One, Plaintiffs gave a benefit to Avant Assurance,

Inc.;

Two, Avant Assurance Inc. knew of the benefit;

Three, Avant Assurance Inc. accepted or retained the

benefit; and

Four, The circumstances are such that Avant Assurance

Inc. should, in all fairness, be required to pay for the

benefit.

Of course the fact that I have given you instructions

concerning the issue of Plaintiffs' damages should not be

interpreted in any way as an indication that I believe the

Plaintiffs should or should not prevail in this case.

Your verdict must be unanimous - in other words, you

must all agree. Your deliberations are secret, and you will

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never have to explain your verdict to anyone.

Each of you must decide the case for yourself, but

only after fully considering the evidence with the other

jurors. You must discuss the case with one another and try to

reach an agreement. While you are discussing the case, do not

hesitate to re-examine your own opinion and change your mind if

you become convinced that you were wrong. But do not give up

your honest beliefs just because others think differently or

because you simply want to get the case over with.

Remember, in a very real way, you are judges, judges

of the facts. Your only real interest is to seek the truth

from the evidence in the case.

When you go to the jury room, please choose one of

your members to act as foreperson. The foreperson will direct

your deliberations and speak for you here in court.

A verdict form has been prepared for your convenience.

You will take the verdict form with you to the jury room, and

when you have all agreed on the verdict, your foreperson must

fill in the form, sign it and date it. Then you will return

with it to the courtroom.

If you wish to communicate with me at any time, please

write down your message or question and give it to the court

security officer. The court security officer will bring it to

me, and I will respond as promptly as possible, either in

writing or by talking to you here in the courtroom.

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Court's Closing Instructions

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Please understand that I may have to talk to the

lawyers and the parties before I respond to your question or

message, so you should be patient as you await my response.

But I caution you not to tell me how many jurors have voted one

way or the other at that time. That type of information should

remain in the jury room and not be shared with anyone,

including me in your note or question.

Ladies and gentlemen, some of you took notes to help

you remember what the witnesses said. If you did take notes,

don't share them until you go to the jury room to decide the

case. Whether or not you took notes, you should rely on your

own memory of the testimony. Your notes are there only to help

your memory; they are not entitled to any greater weight than

your memory or impression about the testimony.

Ladies and gentlemen, the verdict form consists of

several pages. You have seen the lawyers show it to you during

closing arguments, it consists of five pages in total. At the

end of each question, you will you see an instruction on what

to do depending on how you answered that question. So please

look at the instruction, it will tell you whether to skip over

the next question and go on to another one or move on,

depending on what the answer was.

We are going to give you two sets of these jury

instructions; one of those you can use sort of as a -- to write

on or scribble on and make changes to. And then the other one,

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to please make it your final. Sometimes jurors with jury

instructions like these and verdict forms like these need,

like, a separate one in case they make mistakes in how they

filled it out or how they followed those instructions. So

there's one -- I will write on it "draft" and the other one I

will leave clean so you know that that's the one the foreperson

is to fill in consistent with the instructions I have given.

Are all of these exhibits ready to go back to the

jury, gentlemen?

MR. POLLOCK: We put them on a --

THE COURT: All right. My courtroom deputy will be

bringing lunch in as soon as it arrives for you. If we have

not heard back from you by 5 p.m., she will knock on the door

and release you for the evening, with instructions to return

tomorrow morning at 9:00. So the time you went today is

5 p.m., the latest. Thank you very much.

COURT SECURITY OFFICER: All rise.

(Jury exited the courtroom for deliberations at 12:47 p.m.)

THE COURT: How is the jury to look at the exhibits,

gentlemen?

MR. POLLOCK: Through a drive.

THE COURT: And how are they going to look at it?

MR. CUMMINGS: They don't have a computer.

MR. POLLOCK: I thought there was going to be a laptop

or something where they'd be able to look at it.

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Proceedings

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THE COURT: The U.S. Attorney's Office provides

laptops in criminal cases; parties provide their own. You

provide a clean laptop with nothing on it.

MR. POLLOCK: We don't have a clean laptop. The last

time -- we don't have a laptop, so we need one.

THE COURT: I don't know.

MR. POLLOCK: The last trial I had, the Court was able

to procure one to share.

(Pause in proceedings.)

THE COURT: Patricia, do we have any blank laptops?

MR. POLLOCK: Judge, if I could possibly just create a

new user on the Mac, which only gives them access to whatever's

on there, but it would still have Internet, which I don't know

if you want.

THE COURT: Normally we just give them just blank

laptops with no Internet access.

THE COURTROOM DEPUTY: With the thumb drive.

MR. POLLOCK: And I've got the thumb drive, I just

don't have the blank laptop.

THE COURT: If we can check with IT; I don't know if

they have one.

And you corrected the verdict forms, Patricia, as they

requested, or no?

Were you able to correct the verdict forms to correct

the --

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Proceedings

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THE COURTROOM DEPUTY: I gave -- I wasn't sure exactly

what I was going to send them.

THE COURT: So are we all in agreement to change the

Defendant's name? It is incorrect on the verdict form.

MR. POLLOCK: Where do you see that? I saw that there

is a reference to Gonzalez Capote instead of Gonzalez Quintero.

So I sent an e-mail asking that that be corrected.

MR. TROPP: That's fine.

THE COURT: So I will have Patricia make that change,

and we'll see if we can locate a blank laptop; if not, they're

without exhibits.

MR. POLLOCK: You want me to just drop off the USB in

case there's one that's found?

THE COURT: Umm --

MR. POLLOCK: If there's a laptop, there's a laptop;

if there's not, there's not. And if there is one, then I have

the USB to plug in.

THE COURT: All right. Okay.

MR. POLLOCK: Okay.

THE COURT: And have you all looked at the USB?

MR. TROPP: It's the one you sent me?

(Pause in proceedings.)

THE COURT: Joint exhibits. We need your cell phone

numbers so in case there is a jury question, we can all contact

you.

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Court Reporter's Certificate

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(Pause in proceedings.)

MR. POLLOCK: We are in recess, Your Honor?

THE COURT: We are. Thank you.

(Recess taken from 12:53 p.m. to 5 p.m. for deliberations.)

(Jurors released from jury room.)

(The proceedings adjourned at 12:53 p.m.)

C E R T I F I C A T E

I hereby certify that the foregoing is an

accurate transcription of the proceedings in the

above-entitled matter.

_09/07/2023_

DATE STEPHANIE A. McCARN, RPR

Official United States Court Reporter

400 North Miami Avenue, Thirteenth Floor

Miami, Florida 33128

(305) 523-5518

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$

$10 [1] - 100:8

$10,000 [3] - 17:19,

17:25, 100:19

$110 [1] - 82:1

$15 [1] - 81:10

$15,000 [3] - 100:17,

100:20

$15,700 [1] - 100:24

$16,000 [1] - 100:23

$200 [1] - 47:22

$2400 [2] - 47:21

$25,000 [7] - 34:16,

80:17, 80:18, 83:13,

83:17, 100:16,

100:17

$26,916.59 [1] - 101:6

$300 [1] - 47:15

$35 [5] - 18:3, 18:22,

81:9, 83:7, 103:4

$36,000 [3] - 91:11,

91:16, 91:17

$40,000 [1] - 100:18

$5,000 [2] - 97:18,

100:19

$57,096.20 [1] - 100:4

$73,000 [1] - 101:7

'

'20 [1] - 13:24

'21 [1] - 14:2

'21/'22 [1] - 59:16

'22 [2] - 13:23, 47:3

'23 [1] - 13:24

0

09/07/2023 [1] -

128:14

1

1 [3] - 1:8, 18:21,

29:18

1,250 [1] - 17:19

1,499 [1] - 17:19

1,500 [1] - 81:10

1.5 [1] - 114:11

10 [5] - 18:22, 60:3,

60:7, 60:20, 103:5

10,000 [2] - 94:1,

97:19

108 [1] - 3:22

1099 [13] - 7:5, 8:13,

8:15, 24:9, 25:7,

27:20, 33:11, 54:10,

71:3, 92:25, 93:3,

106:13, 107:6

1099s [3] - 70:25,

79:7, 93:22

10:00 [1] - 10:3

10:25 [1] - 61:25

10:30 [2] - 64:14,

64:15

10:33 [1] - 65:12

10:51 [1] - 65:12

10:52 [1] - 66:1

11 [1] - 60:21

12 [5] - 92:4, 92:10,

92:20, 93:16

120 [1] - 82:1

1250 [3] - 1:23, 17:24,

17:25

128 [2] - 1:8, 3:22

12:00 [2] - 29:16,

31:24

12:01 [1] - 104:14

12:07 [1] - 108:14

12:16 [1] - 108:14

12:20 [1] - 108:20

12:47 [1] - 125:18

12:53 [3] - 1:6, 128:4,

128:6

13 [3] - 1:5, 3:9, 92:20

13,665.28 [1] - 99:22

13-3 [1] - 1:7

135 [1] - 1:16

14 [1] - 107:5

14,596.44 [1] - 100:14

1499 [1] - 17:25

15 [8] - 18:3, 18:22,

64:17, 64:18, 65:8,

65:9, 83:12, 97:19

15,000 [2] - 17:20,

80:12

1500-1999 [1] - 17:20

1:50 [1] - 58:12

1st [2] - 38:2

2

2 [2] - 18:22, 29:18

20 [5] - 64:15, 92:6,

92:14, 92:15

20,000 [1] - 17:20

2000 [1] - 17:20

2010 [1] - 22:7

2020 [4] - 71:23, 83:7,

97:23, 99:16

2021 [13] - 13:22,

13:23, 16:4, 16:9,

16:10, 16:20, 39:5,

39:7, 39:10, 41:24,

47:3, 99:16, 100:12

2022 [6] - 39:9, 40:18,

43:11, 46:1, 100:12,

116:5

2023 [1] - 1:5

2100 [1] - 1:23

215 [2] - 22:7, 22:10

22-cv-22671-CMA [1] -

1:2

230-4884 [1] - 1:17

23rd [1] - 116:5

25 [1] - 43:5

3

3 [3] - 18:22, 30:3,

58:10

305 [5] - 1:17, 1:21,

1:24, 2:4, 128:17

33128 [2] - 2:4, 128:16

33134-5267 [1] - 1:24

33140-2316 [1] - 1:20

33146-1878 [1] - 1:16

35 [2] - 43:13, 83:12

35,000 [1] - 80:12

36,000 [1] - 92:2

3:00 [5] - 29:16, 31:16,

31:17, 31:20, 32:7

4

4 [3] - 1:11, 3:7, 3:20

40 [7] - 19:10, 48:11,

48:15, 114:9,

114:10, 114:12,

115:20

400 [2] - 2:3, 128:16

42 [1] - 3:9

4A [1] - 1:20

5

5 [9] - 18:3, 18:22,

43:13, 81:10, 103:4,

125:13, 125:16,

128:4

50 [1] - 19:10

52 [1] - 3:10

523-5518 [2] - 2:4,

128:17

5500 [3] - 91:21,

91:24, 92:3

57 [1] - 3:10

5750 [1] - 1:20

5:00 [3] - 59:21, 59:23,

85:8

6

6 [1] - 3:8

600 [8] - 34:13, 35:4,

35:6, 36:1, 83:14,

83:15, 83:19

600th [2] - 34:20, 35:8

67 [1] - 3:20

7

7 [2] - 60:13, 60:15

72,000 [1] - 93:24

77 [1] - 3:21

770 [1] - 1:16

777-0377 [1] - 1:24

7:00 [3] - 29:16, 31:24,

60:14

7:30 [1] - 58:9

8

8 [3] - 58:9, 60:13,

60:15

814-2035 [1] - 1:21

8:00 [1] - 60:14

9

9 [6] - 30:6, 60:12,

60:22, 61:3, 61:8,

75:15

94 [1] - 3:21

9:00 [44] - 8:2, 9:15,

10:2, 10:3, 10:10,

10:19, 11:4, 15:15,

28:3, 28:4, 29:16,

30:3, 31:13, 31:16,

31:17, 31:20, 32:7,

48:5, 48:6, 48:7,

48:17, 48:19, 48:20,

48:21, 59:23, 59:25,

60:1, 61:10, 75:22,

125:15

9:06 [3] - 1:6, 4:1, 4:7

9:09 [1] - 4:20

9:11 [1] - 5:20

9th [1] - 28:11

A

a.m [9] - 1:6, 4:1, 4:7,

4:20, 5:20, 61:25,

65:12, 66:1

ability [2] - 102:21,

111:12

able [37] - 9:15, 9:19,

9:21, 9:23, 9:24,

11:15, 11:25, 12:1,

12:3, 15:12, 21:20,

22:24, 24:24, 25:2,

25:7, 29:13, 32:12,

41:16, 46:22, 50:17,

54:22, 54:23, 54:24,

55:7, 55:10, 55:11,

55:13, 55:22, 56:18,

57:8, 60:5, 64:21,

97:4, 108:11,

125:25, 126:7,

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

1

126:24

above-entitled [1] -

128:12

abridged [1] - 113:10

accept [1] - 110:22

acceptable [1] - 64:2

accepted [1] - 122:15

access [10] - 9:25,

10:1, 55:12, 55:13,

55:24, 56:18, 88:1,

88:2, 126:12, 126:16

accomplish [2] - 87:4,

117:25

according [6] - 88:13,

100:9, 100:11,

101:16, 118:10

account [3] - 23:12,

23:21, 23:23

accountability [1] -

52:13

accountant [1] - 51:19

accountants [1] -

11:20

accurate [2] - 110:23,

128:11

accurately [1] -

111:13

accused [1] - 73:10

act [3] - 104:23,

109:19, 123:14

Act [2] - 71:5, 113:6

active [2] - 40:24, 41:1

actively [4] - 27:17,

40:20, 41:1, 42:5

activities [1] - 10:4

activity [1] - 113:23

acts [1] - 109:21

actual [1] - 110:15

add [3] - 107:16,

107:21, 108:11

addition [2] - 39:8,

114:23

additional [2] - 114:5,

122:8

address [2] - 66:18,

94:14

addressed [1] - 73:17

adequate [3] - 116:11,

116:13, 116:15

adjourned [1] - 128:6

admit [1] - 108:7

ADMITTED[1] - 3:12

admitted [3] - 79:6,

109:25, 110:1

advance [1] - 44:4

advances [1] - 94:6

advertise [1] - 103:8

advertised [1] - 103:9

affect [1] - 109:16

afford [1] - 21:20

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 129 of

146
afraid [6] - 69:18,

69:20, 69:21, 69:22,

69:24

afternoon [2] - 64:8,

101:24

afterwards [1] - 57:13

agency [3] - 27:16,

40:20, 41:2

agent [35] - 7:5, 7:7,

7:8, 8:19, 11:3,

11:23, 12:1, 14:14,

20:21, 22:4, 22:10,

22:21, 24:9, 25:2,

26:6, 27:21, 29:22,

31:5, 32:14, 39:15,

40:19, 41:5, 41:12,

41:17, 46:20, 52:23,

59:20, 75:5, 76:11,

79:23, 85:3, 85:5,

85:7, 98:4

agent's [1] - 30:18

agents [28] - 6:25,

10:25, 31:7, 32:23,

33:2, 33:11, 35:18,

36:4, 37:17, 39:20,

42:5, 45:20, 45:22,

48:19, 50:5, 53:6,

53:12, 72:15, 74:14,

79:3, 79:15, 84:25,

95:2, 95:6, 97:6,

99:16, 99:17, 99:18

ago [3] - 58:5, 58:6,

80:18

agree [11] - 15:6, 15:8,

46:15, 47:9, 70:10,

70:13, 70:14, 70:15,

109:12, 120:12,

122:25

agreed [13] - 31:25,

32:1, 33:12, 61:9,

74:3, 88:12, 88:13,

90:20, 118:10,

120:10, 120:13,

123:18

agreement [18] -

14:16, 14:19, 14:20,

15:7, 16:9, 37:15,

43:12, 78:12, 81:8,

81:12, 81:14, 81:24,

82:2, 96:20, 100:7,

123:5, 127:3

agreements [2] -

103:21, 120:17

ahead [28] - 8:1, 8:3,

9:16, 11:12, 11:19,

12:2, 12:16, 14:6,

14:7, 15:16, 15:24,

20:3, 21:2, 21:19,

24:21, 28:4, 28:22,

28:25, 29:25, 31:25,

35:4, 38:6, 40:24,

44:20, 55:3, 55:22,

57:21

ain't [1] - 95:3

ALIX [1] - 4:21

Alix [4] - 3:7, 4:15,

5:7, 5:11

alleged [1] - 105:21

allocate [1] - 115:4

allocating [1] - 114:25

allotted [2] - 30:18,

85:2

allow [1] - 53:10

allowed [9] - 12:23,

24:2, 53:16, 57:9,

57:10, 79:2, 79:3,

79:4, 92:23

almost [8] - 42:7,

43:1, 71:20, 82:4,

92:16, 94:15

alternating [1] - 31:19

alternative [2] -

101:24, 122:3

ALTONAGA[1] - 1:12

Ambetter[3] - 17:12,

42:3, 83:7

amount [28] - 9:1,

12:10, 15:11, 15:14,

17:1, 17:5, 34:14,

44:18, 45:2, 88:13,

88:25, 101:20,

102:21, 112:11,

114:15, 115:6,

115:8, 115:14,

115:15, 116:1,

116:2, 116:8,

116:14, 116:18,

116:19, 116:21,

118:10

amounts [1] - 122:8

analogy [1] - 87:16

Andrea [6] - 32:17,

38:24, 64:8, 113:4,

117:3, 117:15

ANDREA[1] - 1:8

animal [1] - 67:3

answer[22] - 22:3,

41:3, 50:4, 50:14,

56:4, 56:8, 73:18,

73:21, 74:17, 74:20,

93:11, 93:12, 99:8,

99:9, 99:11, 106:1,

106:3, 111:15,

117:17, 124:22

answer's [1] - 100:2

answered [5] - 77:25,

78:1, 78:2, 93:20,

124:19

answering [1] - 19:17

answers [2] - 93:10,

93:14

apologies [1] - 4:12

apologize [2] - 5:6,

12:19

appear[1] - 111:14

APPEARANCES[2] -

1:13, 2:1

application [1] - 55:4

applies [3] - 82:22,

104:21

apply [1] - 113:13

appreciate [2] - 67:5,

67:9

appreciation [1] -

67:17

approach [1] - 5:18

approve [1] - 20:12

April [1] - 40:18

Apt [1] - 1:20

area [1] - 14:3

ARGUMENT[3] -

67:1, 77:2, 94:23

argument [1] - 62:19

Argument[3] - 3:20,

3:21, 3:21

arguments [5] - 63:25,

66:6, 66:10, 66:16,

124:17

arrangement[1] -

47:16

arrives [1] - 125:12

arriving [1] - 110:6

aside [2] - 66:9

aspect [3] - 38:18,

88:22, 91:10

aspects [4] - 21:11,

22:17, 94:11, 117:5

assert [2] - 104:24,

105:22

asserted [3] - 105:1,

106:25, 122:3

asserting [2] - 66:19,

107:8

asserts [1] - 110:15

assigned [1] - 7:24

assignment [2] -

118:1, 118:2

assignments [1] -

87:5

assist [1] - 6:24

association [1] - 93:2

assume [3] - 79:25,

86:12, 110:3

ASSURANCE[1] - 1:8

Assurance [23] - 6:13,

6:14, 7:10, 8:18,

61:2, 97:9, 99:8,

113:3, 117:6,

117:15, 119:23,

120:1, 120:22,

120:25, 121:6,

121:7, 122:5, 122:6,

122:9, 122:12,

122:14, 122:15,

122:17

atmosphere [4] -

32:22, 33:2, 33:3

attend [1] - 38:12

attorney [3] - 83:8,

91:15, 91:20

Attorney's [1] - 126:1

attorney's [1] - 66:16

attorneys [2] - 66:5,

91:19

August [5] - 38:2,

46:1, 67:15, 116:5

authorities [1] -

105:18

availability [1] - 28:4

available [9] - 8:2,

9:20, 15:15, 25:9,

28:25, 33:11, 48:23,

50:1, 59:25

Avant[66] - 6:13, 6:14,

6:20, 7:2, 7:10, 7:13,

8:18, 11:23, 20:6,

22:5, 22:9, 23:10,

23:17, 23:20, 24:10,

25:1, 25:6, 25:20,

27:11, 27:23, 38:8,

38:24, 41:3, 43:1,

43:4, 43:16, 45:7,

45:12, 45:14, 45:22,

49:4, 49:8, 49:12,

49:14, 49:16, 49:19,

49:22, 51:25, 52:4,

58:17, 61:2, 87:23,

89:17, 97:9, 99:8,

100:1, 105:4, 106:9,

113:3, 117:4, 117:5,

117:14, 119:23,

120:1, 120:22,

120:25, 121:6,

121:7, 122:5, 122:6,

122:9, 122:12,

122:14, 122:15,

122:17

AVANT[1] - 1:8

Ave [2] - 1:16, 1:20

Avenue [2] - 2:3,

128:16

average [1] - 47:1

avert[1] - 78:1

avoid [1] - 93:11

await [1] - 124:3

award [3] - 30:7, 104:1

awarded [1] - 102:1

aware [1] - 27:15

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

2

B

background [1] -

51:12

bad [1] - 77:7

balance [1] - 49:16

bank [1] - 94:1

Bankers [1] - 23:12

bar[3] - 75:15,

105:22, 106:19

bargained [1] - 113:8

barred [3] - 105:5,

105:10, 106:11

base [1] - 85:19

based [20] - 8:24,

17:3, 23:1, 33:7,

33:9, 38:7, 39:12,

61:9, 79:22, 81:8,

81:16, 84:2, 85:13,

89:2, 89:14, 109:8,

114:17, 115:8,

117:19, 119:25

basis [7] - 5:3, 14:18,

88:9, 96:24, 102:20,

115:9, 118:6

bathroom [1] - 63:5

Batista [4] - 36:12,

36:13, 93:9, 113:2

BATISTA[1] - 1:4

Beach [1] - 1:20

beat [1] - 69:18

beauty [1] - 85:17

became [5] - 24:6,

43:10, 46:5, 86:9,

102:17

become [3] - 24:9,

46:1, 123:7

BEFORE [1] - 1:12

beforehand [1] - 69:7

begin [1] - 109:6

beginning [3] - 27:9,

79:1, 98:18

Behalf [3] - 3:20, 3:21,

3:21

BEHALF [3] - 67:1,

77:2, 94:23

behavior[3] - 80:16,

80:19, 91:25

behind [7] - 28:17,

28:21, 33:6, 60:15,

69:3, 88:5, 98:5

beliefs [1] - 123:8

bell [2] - 35:5, 35:7

below [1] - 94:4

benefit [5] - 84:17,

122:12, 122:14,

122:16, 122:19

benefits [5] - 8:12,

21:21, 88:11, 118:8,

118:11

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 130 of

146
best [9] - 21:6, 21:10,

21:14, 22:1, 22:18,

31:17, 69:19, 77:6,

84:1

better[4] - 21:21,

25:21, 38:5, 73:21

between [14] - 15:15,

17:19, 17:21, 17:25,

18:3, 44:14, 68:9,

85:10, 88:17,

100:16, 113:8,

114:15, 116:1,

117:18

beyond [3] - 68:23,

78:20, 91:8

big [17] - 14:3, 22:13,

26:5, 34:9, 55:23,

77:13, 78:22, 88:22,

89:5, 89:23, 89:25,

91:10, 91:23, 93:18,

97:16, 98:24

bigger [2] - 16:17,

34:5

binding [1] - 110:2

bit [9] - 9:12, 11:9,

16:3, 24:10, 43:10,

64:9, 69:9, 79:5,

99:4

biweekly [1] - 115:2

blame [1] - 86:9

blaming [1] - 84:9

blank [4] - 126:10,

126:15, 126:19,

127:10

bless [1] - 92:7

blowing [2] - 98:24,

99:1

blown [1] - 95:1

Blue [2] - 60:18

blue [1] - 44:8

Blvd [1] - 1:23

Bob [1] - 50:13

bonus [30] - 12:12,

15:15, 15:25, 16:16,

17:4, 17:14, 17:20,

17:25, 18:24, 33:25,

34:6, 34:8, 34:11,

35:15, 35:25, 36:1,

40:25, 41:2, 48:24,

80:19, 83:4, 83:13,

83:17, 100:17,

114:22, 115:1,

115:5, 115:7

bonuses [34] - 9:1,

10:23, 12:8, 12:11,

12:13, 12:15, 12:16,

16:15, 16:22, 16:23,

16:24, 17:6, 34:5,

34:9, 36:13, 36:23,

40:18, 43:13, 70:18,

78:11, 81:10, 95:20,

95:23, 96:24, 100:2,

100:24, 101:7,

114:20, 115:12,

115:13, 119:24,

120:2, 121:8, 122:7

books [2] - 9:2, 35:1

boss [2] - 97:11,

102:14

bother [1] - 67:15

bottom [1] - 40:17

bought [1] - 56:2

brags [1] - 83:16

breach [2] - 120:2,

120:23

breached [2] - 120:1,

121:7

break [2] - 47:6, 104:9

Brian [1] - 42:11

BRIAN [1] - 1:14

brian@

fairlawattorney.

com [1] - 1:17

brief [4] - 57:7, 61:23,

66:23, 104:9

briefly [1] - 104:19

Bright [1] - 17:13

bring [24] - 4:6, 4:16,

5:12, 49:23, 49:24,

50:5, 50:8, 50:11,

53:17, 65:25, 77:16,

78:3, 78:7, 79:20,

80:21, 89:18, 89:20,

90:5, 93:20, 93:21,

97:2, 104:12, 123:23

bringing [1] - 125:12

broke [1] - 95:3

broker[2] - 27:16,

27:17

brought [9] - 16:7,

27:3, 50:2, 50:3,

50:6, 73:13, 77:14,

89:21, 89:22

budget [1] - 22:25

builds [1] - 97:19

bunch [3] - 47:7, 74:7,

87:12

burden [16] - 62:17,

68:5, 68:10, 68:15,

68:16, 68:24, 77:15,

78:6, 78:16, 80:14,

98:15, 99:4, 99:5,

112:10

business [14] - 35:20,

41:14, 44:21, 61:2,

72:2, 74:6, 74:13,

90:14, 96:10,

102:10, 106:9,

118:25, 119:2,

119:16

busy [1] - 19:2

buttons [1] - 20:15

buying [2] - 48:3,

74:12

buzzer [1] - 74:20

BY [28] - 2:2, 6:7, 6:19,

10:17, 13:16, 15:21,

24:18, 26:16, 26:21,

28:10, 29:4, 29:9,

30:15, 30:25, 31:10,

33:1, 36:11, 39:19,

39:25, 40:7, 40:16,

41:9, 42:10, 52:11,

53:5, 53:15, 56:13,

57:6

C

calculate [1] - 82:9

calculated [1] -

100:12

calculating [2] -

114:20, 115:10

calculation [1] - 92:11

calculations [3] -

81:18, 90:8, 91:7

calm [1] - 33:3

cameras [1] - 96:7

cannot [3] - 38:12,

113:8, 113:9

Capote [2] - 99:9,

127:6

car[8] - 47:24, 84:11,

87:18, 87:19, 87:22,

97:24, 102:22

care [3] - 40:9, 79:11,

85:8

carefully [1] - 66:16

CARLOS [1] - 1:4

Carlos [18] - 48:15,

69:12, 71:13, 72:12,

85:9, 88:2, 93:23,

97:13, 97:15, 97:23,

99:7, 99:17, 100:13,

100:14, 100:15,

102:11, 113:2

carpenter[2] - 89:6,

89:7

carrier[7] - 8:20,

12:11, 15:25, 17:4,

21:20, 21:24, 34:25

carriers [3] - 20:5,

40:23, 49:11

cars [1] - 48:3

case [45] - 24:5, 48:9,

61:21, 61:23, 66:13,

68:7, 68:17, 68:19,

68:21, 68:23, 70:3,

70:23, 72:4, 75:18,

75:19, 77:16, 79:24,

88:11, 88:22, 98:14,

98:15, 98:18, 98:25,

101:1, 101:9, 103:9,

103:24, 109:2,

109:25, 110:4,

111:10, 112:7,

117:20, 121:15,

122:23, 123:2,

123:4, 123:5, 123:9,

123:12, 124:11,

125:3, 127:13,

127:24

CASE[1] - 1:2

cases [2] - 69:1, 126:2

caught [2] - 50:24,

93:18

causing [1] - 116:24

caution [1] - 124:4

cease [1] - 106:2

CECILIA [1] - 1:12

celebrate [1] - 35:15

celebration [1] - 34:22

cell [3] - 50:6, 53:17,

127:23

center[10] - 6:21,

6:23, 6:24, 19:14,

72:20, 72:21, 74:14,

74:15, 96:8

certain [15] - 10:24,

15:14, 24:19, 34:14,

35:15, 35:16, 35:17,

44:17, 45:2, 46:17,

53:12, 60:5, 69:10,

87:5, 117:25

certainly [3] - 64:23,

65:4, 80:1

Certificate.................

.... [1] - 3:22

certify [1] - 128:10

chain [1] - 110:17

chance [2] - 76:1,

104:18

change [10] - 11:18,

70:8, 70:10, 73:11,

73:25, 80:4, 91:5,

123:6, 127:3, 127:9

changed [2] - 73:21,

97:8

changes [2] - 76:4,

124:25

characterize [1] -

19:13

charge [2] - 47:11,

65:22

charts [1] - 17:11

cheaper[1] - 74:5

check [1] - 126:20

checking [1] - 108:17

CHIEF [1] - 1:12

child [5] - 57:24, 58:1,

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

3

58:3, 58:6, 59:22

children [3] - 9:16,

10:3, 27:2

choice [1] - 79:17

choose [2] - 10:18,

123:13

choosing [1] - 51:10

chose [8] - 10:11,

24:4, 32:20, 35:14,

38:6, 52:24, 53:21,

89:4

Christmas [2] - 75:24

circumstances [8] -

86:22, 110:18,

117:1, 119:8,

120:15, 121:23,

122:2, 122:17

circumstantial [3] -

110:13, 110:17,

110:20

civil [5] - 67:2, 67:10,

68:5, 68:6, 68:9

claim [25] - 63:15,

63:20, 82:24, 89:20,

102:3, 105:1, 105:7,

105:9, 105:22,

106:18, 112:15,

112:17, 112:18,

113:1, 113:3,

113:15, 113:22,

114:14, 116:10,

116:12, 119:23,

122:3, 122:6, 122:9,

122:10

claim[s [1] - 112:8

claimed [2] - 106:13,

114:16

claiming [4] - 83:13,

84:19, 96:20, 107:6

claims [7] - 63:13,

66:19, 102:4, 105:4,

112:13, 112:25,

116:14

classified [2] - 70:24,

90:19

clean [6] - 62:22,

107:21, 108:11,

125:6, 126:3, 126:4

clear[5] - 32:17,

32:18, 117:9,

117:10, 120:8

cleared [1] - 32:19

clearly [1] - 111:15

click [1] - 50:17

clicked [2] - 74:17,

103:1

clicking [1] - 74:20

clicks [1] - 50:14

client [28] - 12:7, 20:1,

20:4, 20:6, 20:25,

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 131 of

146
21:1, 21:3, 21:8,

21:11, 21:12, 21:16,

22:1, 22:14, 22:16,

22:20, 24:25, 34:24,

41:13, 41:16, 47:5,

47:11, 47:13, 56:14,

57:21, 60:7, 67:23,

74:18, 104:1

clients [48] - 7:9,

11:14, 11:15, 12:2,

19:21, 20:20, 21:8,

21:14, 21:19, 22:19,

24:21, 29:3, 29:14,

34:25, 41:22, 41:23,

46:21, 47:14, 48:10,

49:24, 60:5, 69:6,

69:22, 70:15, 70:17,

70:20, 70:24, 71:10,

71:12, 72:17, 72:25,

73:25, 74:14, 75:9,

76:15, 95:18, 96:2,

96:15, 96:25, 97:1,

97:10, 100:7,

101:18, 102:6,

102:16, 103:9,

103:20, 106:22

close [6] - 12:4, 12:5,

66:8, 66:23, 87:24,

99:3

closed [1] - 54:2

closer[2] - 16:3, 43:9

Closing [3] - 3:20,

3:21, 3:22

closing [8] - 62:11,

63:25, 64:9, 64:22,

66:5, 66:10, 67:8,

124:17

CLOSING [3] - 67:1,

77:2, 108:24

CMS [1] - 19:22

colleagues [3] -

32:11, 32:20, 45:16

Collins [1] - 1:20

Colombia [4] - 61:2,

61:4, 74:13, 88:3

comfortable [1] -

49:12

coming [10] - 29:1,

69:25, 70:1, 78:18,

80:12, 84:9, 87:10,

91:7, 95:6, 107:20

comments [2] - 36:8,

68:2

commiserate [2] -

94:17, 94:20

commission [25] -

8:22, 8:24, 9:1,

10:22, 12:5, 16:14,

34:6, 83:4, 83:6,

88:5, 88:9, 96:18,

100:10, 100:11,

100:17, 102:20,

102:24, 114:22,

114:25, 115:1,

115:5, 115:6, 115:7,

118:6

commissions [24] -

8:12, 36:13, 36:23,

70:18, 78:11, 79:15,

80:6, 91:12, 95:19,

95:23, 96:15, 96:24,

100:2, 100:16,

100:21, 100:24,

101:8, 114:19,

115:11, 115:13,

119:25, 120:2,

121:8, 122:7

committed [1] -

104:22

common [4] - 37:6,

43:25, 45:5, 110:11

commonly [1] -

114:13

communicate [1] -

123:21

communication [1] -

41:13

commute [4] - 43:4,

43:5, 43:10, 58:17

Comp [2] - 74:8, 95:21

comp [1] - 43:11

companies [11] -

40:19, 42:2, 79:3,

79:5, 79:7, 79:11,

84:16, 85:20, 85:24,

93:15, 103:21

company [12] - 15:2,

24:3, 27:8, 27:19,

33:23, 40:24, 71:23,

72:1, 79:8, 86:8,

92:25, 109:23

compensable [1] -

114:1

compensated [2] -

103:4, 118:15

compensation [9] -

8:24, 9:7, 9:8, 14:16,

40:19, 43:12,

114:23, 115:8, 117:7

competition [2] -

35:18, 35:20

complain [2] - 36:7,

97:18

complained [4] -

70:18, 97:12, 97:14

complaints [2] -

33:22, 70:19

complete [3] - 57:21,

96:24

completely [1] - 85:19

completes [2] - 87:6,

118:2

completing [1] - 20:20

component [1] - 8:25

compromise [1] - 27:1

compromised [2] -

24:7, 113:11

computation [1] -

115:7

compute [1] - 115:8

computed [1] - 115:2

computer[15] - 55:8,

55:9, 55:24, 56:1,

74:16, 76:16, 84:10,

87:25, 89:16, 89:18,

97:3, 98:6, 103:20,

103:22, 125:23

computers [3] - 49:24,

50:1, 74:11

computing [1] -

114:25

concept [1] - 89:16

concerned [1] -

110:12

concerning [4] -

26:17, 62:14, 111:2,

122:21

concierge [2] - 79:8,

93:2

conclude [1] - 120:15

conclusion [1] - 78:25

conclusions [1] -

110:11

conclusively [1] -

88:18

condition [1] - 21:12

conditions [3] - 22:24,

121:5

conducive [1] - 91:25

conduct [12] - 105:3,

105:6, 106:4,

106:18, 120:16,

121:18, 121:19,

121:21, 121:24,

121:25, 122:1

conducted [1] - 13:5

confidential [1] - 23:9

confidentiality [1] -

23:5

confusing [1] - 30:19

consent [4] - 19:20,

19:21, 20:12, 20:21

consequence [1] -

30:20

consequences [8] -

32:14, 54:11, 54:13,

54:17, 59:7, 59:10,

59:11, 59:14

consider[11] - 43:15,

65:22, 109:24,

110:21, 112:18,

112:20, 117:1,

117:19, 119:8,

120:18, 122:1

consideration [2] -

78:18, 86:23

considered [3] -

105:9, 105:19,

113:23

considering [3] - 64:7,

110:10, 123:3

considers [2] - 117:9,

117:11

consistent [1] - 125:7

consists [4] - 65:17,

107:5, 124:15,

124:17

constituted [1] - 106:5

constituting [1] -

106:19

Cont'd [2] - 3:9, 13:15

contact [3] - 21:2,

60:5, 127:24

contends [1] - 105:4

contention [1] -

112:15

context [1] - 67:17

continue [5] - 13:6,

27:7, 57:14, 80:5,

80:20

CONTINUED [1] - 2:1

contract [23] - 7:18,

7:19, 20:1, 43:15,

82:24, 82:25, 87:6,

96:21, 96:22, 100:7,

113:10, 120:8,

120:14, 120:17,

120:23, 121:11,

121:12, 121:15,

121:17, 121:21,

121:24, 121:25

contracting [3] -

23:14, 23:18, 24:11

contractor[46] - 8:7,

8:8, 11:23, 14:12,

25:11, 26:6, 43:22,

45:23, 46:10, 51:23,

58:25, 59:3, 71:5,

71:24, 74:2, 74:5,

74:6, 76:4, 79:18,

82:14, 84:2, 84:6,

84:11, 84:13, 84:21,

85:18, 86:10, 86:15,

87:4, 88:12, 88:17,

89:10, 90:21, 91:1,

102:8, 102:25,

106:13, 107:6,

117:25, 118:2,

118:3, 118:9,

118:13, 118:19,

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

4

119:17, 119:20

contractors [35] -

70:25, 71:2, 72:1,

75:17, 76:18, 79:21,

82:12, 82:19, 82:21,

83:21, 84:9, 84:20,

84:24, 86:5, 86:14,

86:19, 86:25, 87:21,

88:18, 89:9, 90:1,

90:11, 90:20, 91:3,

91:4, 96:9, 103:16,

107:9, 113:14,

116:9, 117:13,

117:16, 118:23,

119:15

Contracts [1] - 120:3

contracts [20] - 100:7,

100:10, 101:1,

119:24, 120:1,

120:5, 120:6,

120:13, 120:14,

120:21, 121:1,

121:3, 121:6, 121:7,

121:8, 121:18,

121:19, 121:20,

122:5

contrast [2] - 87:4,

117:24

control [11] - 71:10,

81:2, 83:24, 84:4,

86:25, 87:2, 96:25,

102:9, 117:4,

117:23, 119:10

controlled [7] - 81:2,

81:3, 87:1, 96:6,

96:12, 117:5, 117:21

controlling [4] -

90:17, 102:6,

103:11, 119:6

convenience [1] -

123:16

convenient [3] -

57:16, 57:20, 76:12

conversation [4] -

20:25, 27:18, 37:6,

37:7

conveyed[1] - 9:4

convince [1] - 75:3

convinced [1] - 123:7

cool [2] - 74:5, 94:24

copies [1] - 65:1

copy [2] - 62:20, 91:15

Coral [2] - 1:16, 1:24

corporation [4] -

109:15, 109:16,

109:18, 109:20

corporations [1] -

84:14

correct [32] - 9:11,

10:5, 10:12, 10:14,

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 132 of

146
13:19, 14:13, 15:1,

18:1, 18:7, 18:25,

19:6, 19:7, 19:18,

22:11, 24:11, 24:12,

25:16, 25:25, 26:7,

28:11, 28:14, 34:15,

40:10, 43:3, 46:6,

51:13, 54:17, 55:25,

56:9, 85:23, 126:24

corrected [2] - 126:22,

127:7

correctly [2] - 20:22,

33:19

CORTES [1] - 1:8

Cortes [27] - 4:15,

7:15, 9:10, 43:19,

48:18, 57:8, 69:15,

70:12, 70:17, 71:22,

73:7, 73:9, 73:16,

74:13, 96:6, 96:22,

97:1, 97:10, 97:11,

97:23, 98:1, 99:9,

102:5, 113:4, 117:3,

117:4, 117:15

Cortes's [1] - 61:2

cost [2] - 47:2, 47:20

counsel [8] - 4:4,

4:12, 12:17, 13:2,

66:21, 66:22, 76:22

count [2] - 12:14,

41:16

counted [1] - 114:5

country [2] - 81:1,

92:17

couple [7] - 18:17,

50:5, 52:21, 73:1,

76:21, 85:9, 103:2

course [10] - 15:9,

20:25, 22:13, 22:15,

23:8, 62:18, 63:6,

75:6, 109:19, 122:20

court [8] - 81:14, 97:7,

107:8, 108:22,

109:18, 123:15,

123:22, 123:23

COURT [122] - 1:1,

4:3, 4:6, 4:8, 4:14,

4:16, 4:19, 4:24, 5:3,

5:5, 5:8, 5:12, 5:15,

5:18, 5:24, 6:2, 6:5,

6:16, 10:16, 12:22,

12:25, 13:6, 13:10,

24:14, 26:15, 26:20,

28:20, 30:12, 30:14,

30:24, 31:9, 32:25,

36:10, 39:18, 39:23,

40:5, 40:12, 40:15,

41:8, 52:9, 53:3,

53:10, 56:12, 57:3,

61:13, 61:17, 61:20,

61:22, 61:24, 62:1,

62:7, 62:10, 63:1,

63:6, 63:9, 63:11,

63:15, 63:17, 63:19,

63:22, 63:24, 64:4,

64:11, 64:14, 64:16,

64:20, 64:23, 65:4,

65:7, 65:9, 65:11,

65:13, 65:14, 65:25,

66:2, 76:22, 76:24,

86:2, 94:19, 94:21,

95:12, 103:13,

104:4, 104:8,

104:15, 104:20,

105:13, 105:20,

106:3, 106:11,

106:17, 106:23,

107:1, 107:3,

107:11, 107:15,

107:19, 107:25,

108:5, 108:8,

108:10, 108:15,

108:16, 108:18,

108:21, 108:25,

125:11, 125:17,

125:19, 125:22,

126:1, 126:6,

126:10, 126:15,

126:20, 127:3,

127:9, 127:14,

127:18, 127:20,

127:23, 128:3

Court [6] - 2:2, 3:22,

63:10, 113:12,

126:7, 128:15

COURT'S [1] - 108:24

court's [1] - 54:20

Court's [1] - 3:22

courteous [2] - 44:8,

44:11

courtesy [17] - 10:8,

28:24, 29:21, 29:25,

30:21, 31:1, 32:13,

32:17, 32:20, 44:1,

44:2, 44:5, 45:5,

54:10, 102:13,

102:15

Courtroom [1] - 1:7

COURTROOM [4] -

4:2, 108:17, 126:17,

127:1

courtroom [18] - 4:7,

48:10, 48:14, 50:12,

61:25, 66:1, 67:12,

73:3, 73:14, 73:22,

104:9, 104:12,

104:14, 108:20,

123:20, 123:25,

125:11, 125:18

courts [1] - 67:4

cover[1] - 115:13

coverage [1] - 29:2

covered [1] - 44:13

COVID [4] - 55:20,

57:7, 93:18

create [3] - 119:19,

121:21, 126:11

created [5] - 120:6,

120:21, 121:18,

121:19, 121:25

creating [1] - 121:24

criminal [2] - 68:19,

126:2

cross [2] - 78:21, 97:2

Cross [2] - 3:9, 60:18

CROSS [1] - 42:9

cross-examination [1]

- 78:21

Cross-Examination

[1] - 3:9

CROSSEXAMINATION[1] -

42:9

cross-examined [1] -

97:2

crossed [1] - 5:1

Cuba [1] - 92:18

CUETO [22] - 1:22,

4:4, 4:12, 4:15, 5:6,

5:10, 5:14, 6:7, 6:19,

10:17, 12:17, 63:7,

105:12, 105:14,

106:2, 106:16,

106:21, 106:25,

107:2, 107:7,

107:13, 107:18

Cueto [3] - 1:23, 3:8,

13:6

Cummings [1] - 108:3

CUMMINGS [3] - 1:15,

63:4, 125:23

current [1] - 6:20

curtain [1] - 98:6

customers [1] - 87:23

D

daily [1] - 115:2

damaged [1] - 121:10

damages [9] - 101:21,

115:17, 116:1,

116:3, 116:19,

116:23, 120:3,

120:22, 122:21

DANIEL [1] - 1:19

Daniel [1] - 1:19

dantropp@bellsouth

.net [1] - 1:21

date [4] - 29:7, 101:8,

116:4, 123:19

DATE[1] - 128:15

DAY[1] - 1:11

day-to-day [1] - 117:6

days [11] - 53:23,

75:14, 77:21, 85:1,

85:9, 92:6, 92:14,

92:15, 92:19, 101:22

De [1] - 1:23

dead [1] - 88:23

dead-end [1] - 88:23

deadline [1] - 19:6

deadlines [1] - 19:4

deal [4] - 45:21, 48:4,

74:9, 97:16

dealership [1] - 47:24

deals [1] - 101:15

dealt [1] - 109:17

December[1] - 33:14

deception [1] - 112:4

decide [10] - 69:1,

74:21, 76:11, 86:18,

110:23, 111:3,

112:3, 117:14,

123:2, 124:10

decided [2] - 24:9,

32:3

decides [1] - 81:23

deciding [4] - 51:22,

109:1, 112:19,

121:25

decision [12] - 26:5,

68:17, 77:17, 77:18,

83:2, 85:20, 86:24,

109:8, 109:16,

110:7, 110:25, 112:4

deductible [1] - 21:17

deductions [4] -

84:10, 84:18, 86:5,

110:11

Defendant [2] -

104:25, 105:2

Defendant's [1] -

127:4

Defendants [25] -

1:10, 4:22, 5:2, 5:22,

66:4, 66:20, 70:24,

71:1, 71:21, 74:1,

95:20, 96:6, 100:23,

103:16, 104:15,

113:1, 113:3,

113:15, 113:19,

113:20, 113:24,

116:10, 116:15,

117:2, 119:15

DEFENDANTS[3] -

1:19, 3:6, 77:2

Defendants' [2] - 3:14,

116:12

Defendants..... [1] -

3:21

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

5

defense [14] - 61:19,

63:12, 63:20, 65:15,

65:18, 76:22,

104:16, 104:24,

105:17, 106:4,

106:11, 106:24,

107:4, 107:7

Defense [4] - 62:8,

62:14, 65:14, 66:22

defenses [1] - 66:19

definitely [11] - 11:25,

19:11, 25:10, 26:9,

27:2, 34:19, 34:22,

36:4, 36:17, 54:14,

74:22

definitions [1] - 90:4

defraud [1] - 106:8

degree [1] - 83:24

deliberate [2] - 66:7,

82:4

deliberations [6] -

109:4, 109:6,

122:25, 123:15,

125:18, 128:4

Delio [20] - 35:25,

36:2, 36:12, 48:14,

69:12, 79:4, 80:11,

83:10, 85:9, 86:8,

92:22, 93:9, 94:8,

99:7, 99:20, 99:22,

100:2, 100:3, 100:8,

113:2

DELIO [1] - 1:4

demonstrate [1] -

104:25

demonstrates [1] -

103:19

demonstrative [1] -

108:6

demonstratives [1] -

108:8

denied [1] - 62:10

deny [1] - 68:19

denying [1] - 74:25

Department [1] -

113:12

dependants [2] -

18:15, 18:17

dependence [1] -

103:19

dependent [9] - 21:22,

24:23, 49:8, 52:23,

55:15, 71:20, 96:11,

103:15, 119:15

deposit [3] - 39:9,

39:10, 39:13

deposition [4] - 73:12,

83:18, 100:18,

100:20

deposits [1] - 52:22

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 133 of

146
deputy [2] - 104:9,

125:11

DEPUTY[5] - 4:2,

108:15, 108:17,

126:17, 127:1

describe [1] - 11:9

described [1] - 107:2

description [3] -

90:16, 103:10, 119:5

desired [2] - 87:5,

118:1

desist [1] - 106:2

desks [2] - 14:5, 14:6

detail [2] - 51:13,

112:6

details [4] - 34:5, 61:4,

87:5, 118:1

determination [1] -

119:13

determinations [1] -

82:17

determine [9] - 50:17,

82:19, 83:23, 84:1,

86:19, 115:15,

115:19, 115:22,

116:25

determined [3] - 87:7,

115:11, 118:3

determines [1] - 119:9

determining [1] - 98:3

develop [2] - 22:2,

94:7

differ[1] - 111:16

difference [14] -

16:12, 17:21, 17:23,

44:14, 54:14, 54:16,

68:9, 88:16, 91:23,

97:7, 100:14,

110:19, 114:15,

116:1

different [15] - 11:16,

16:14, 16:21, 16:24,

17:4, 21:7, 21:11,

35:11, 43:13, 47:7,

47:9, 70:19, 73:10,

96:16, 111:22

differently [1] - 123:8

difficult [2] - 101:20,

116:13

Direct [2] - 3:8, 3:9

direct [6] - 67:23,

110:12, 110:14,

110:20, 117:7,

123:14

DIRECT [2] - 6:6,

13:15

directed [1] - 62:6

direction [1] - 21:5

directly [5] - 93:11,

105:1, 105:2, 105:6,

111:15

disagree [1] - 70:9

disbelieve [1] - 110:25

discrepancies [1] -

39:21

discrepancy [3] -

38:25, 39:16, 40:2

discretionary [1] -

114:20

discuss [5] - 26:17,

26:22, 53:6, 61:23,

123:4

discussed [3] - 23:8,

39:1, 39:16

discussing [1] - 123:5

discussion [1] - 37:10

discussions [2] -

27:22, 109:6

dishes [1] - 58:21

display [1] - 63:3

disprove [1] - 110:18

dispute [2] - 102:5,

102:6

disregard [2] - 109:13,

110:5

distance [2] - 50:21,

98:23

distinction [2] - 68:8,

68:10

distract [1] - 82:6

distracted [1] - 58:20

distraction [1] - 69:5

DISTRICT [3] - 1:1,

1:1, 1:12

divide [3] - 81:17,

93:25, 115:15

dividing [1] - 115:11

DIVISION [1] - 1:2

dizzy [1] - 90:7

Docket [1] - 107:5

doctor [1] - 89:10

doctrine [3] - 104:21,

106:12, 106:20

document [2] - 15:17,

43:12

documents [3] -

70:21, 71:10, 71:11

dollars [3] - 21:17,

47:21, 81:21

done [4] - 13:3, 42:7,

87:3, 117:24

door [3] - 102:25,

125:13

doubt [2] - 68:23,

70:22

down [14] - 17:18,

29:12, 29:13, 37:5,

46:19, 47:6, 53:20,

56:23, 68:22, 70:6,

74:15, 81:6, 88:24,

123:22

draft [1] - 125:5

drafting [2] - 105:12,

105:14

drive [6] - 76:7, 87:19,

95:14, 125:21,

126:17, 126:18

driven [1] - 50:20

drivers [1] - 87:19

driving [2] - 50:23,

76:8

drop [2] - 98:21,

127:12

droves [1] - 87:10

DS [1] - 89:16

due [1] - 115:10

during [25] - 8:3,

11:16, 12:23, 15:16,

29:11, 31:3, 47:2,

48:5, 48:11, 48:16,

48:20, 49:4, 55:22,

57:7, 59:15, 59:21,

60:21, 66:10, 66:11,

79:5, 109:4, 110:6,

111:23, 115:12,

124:16

duties [3] - 6:22, 7:6,

109:22

dying [1] - 67:3

E

e-mail [8] - 39:10,

39:12, 40:8, 43:19,

43:24, 80:6, 80:20,

127:7

e-mailed [1] - 65:14

e-mails [1] - 97:13

earliest [1] - 62:21

early [5] - 46:9, 46:11,

64:8, 64:13, 67:13

earn [3] - 12:12, 34:8,

96:10

earned [12] - 33:25,

40:25, 104:3,

114:10, 114:15,

114:16, 115:6,

115:12, 115:14,

115:16, 116:4, 120:2

earnings [1] - 115:2

eased [1] - 25:10

easier[4] - 25:1, 25:4,

25:8, 58:14

Eastern [1] - 61:3

easy [4] - 56:16,

58:20, 84:7, 98:13

economic [5] - 83:24,

86:20, 88:15,

117:17, 119:22

economically [3] -

49:8, 103:15, 119:14

effect [3] - 33:20,

36:20, 36:21

effort [1] - 95:10

either[16] - 17:19,

18:3, 18:21, 21:8,

30:5, 39:14, 40:2,

43:19, 46:13, 57:19,

66:12, 83:20,

109:10, 110:20,

113:11, 123:24

electronic [1] - 20:16

eleventh [1] - 107:16

elicits [1] - 39:22

eligible [4] - 11:11,

11:13, 16:14, 17:14

ELMO [2] - 63:2, 98:10

Elmo [1] - 95:11

employed [6] - 6:10,

6:12, 84:15, 97:9,

97:10, 117:12

employee [51] - 8:7,

23:18, 23:23, 37:24,

46:2, 46:5, 51:22,

59:10, 71:4, 74:2,

76:4, 76:18, 76:19,

82:16, 82:17, 84:3,

86:25, 87:2, 88:17,

88:20, 90:25, 91:5,

100:22, 101:5,

102:8, 102:17,

102:20, 102:23,

103:7, 113:10,

113:22, 114:2,

114:3, 114:5, 114:7,

114:10, 114:11,

115:6, 115:16,

115:20, 115:21,

117:6, 117:10,

118:6, 118:9,

118:15, 118:21,

119:13, 119:16,

119:20

employee's [5] - 87:2,

114:8, 114:22,

115:9, 117:23

employees [25] -

38:16, 82:19, 82:21,

86:18, 90:13, 95:2,

95:24, 96:3, 97:6,

99:8, 99:12, 99:13,

101:18, 102:2,

103:23, 107:8,

109:20, 109:21,

109:22, 113:9,

113:18, 115:17,

116:7, 117:14, 119:1

employer[18] - 71:15,

82:12, 82:16, 82:17,

84:3, 84:17, 86:6,

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

6

88:21, 93:6, 102:19,

114:2, 114:4,

114:11, 117:11,

117:22, 118:5,

118:7, 118:17

employer's [2] - 88:9,

97:17

employer/employee

[1] - 117:22

employers [7] - 90:14,

101:17, 113:9,

114:7, 116:6, 116:8,

119:2

employment[2] -

38:16, 119:19

end [11] - 12:5, 20:16,

21:10, 21:25, 27:19,

52:18, 54:9, 67:20,

88:23, 105:18,

124:18

engage [1] - 113:23

enriched [1] - 122:9

enrichment [8] -

63:16, 63:17,

100:25, 105:5,

105:10, 105:22,

106:15, 106:20

enroll [3] - 15:12,

20:3, 29:14

enrolled [5] - 8:4, 9:2,

12:10, 12:15, 20:9

enrolling [2] - 39:4,

39:5

enrollment [34] - 8:3,

9:14, 10:21, 11:8,

11:9, 11:10, 11:11,

11:16, 11:17, 11:21,

13:23, 15:16, 16:4,

16:15, 16:19, 16:25,

19:1, 28:2, 29:12,

31:3, 47:2, 48:5,

48:11, 48:16, 48:20,

59:16, 60:21, 71:23,

92:5, 93:16, 93:17,

94:9, 99:18, 100:9

enrollments [1] - 39:8

entered [7] - 4:7, 66:1,

108:20, 119:24,

120:25, 121:16,

122:5

entering [1] - 7:25

entertain [1] - 53:21

entire [4] - 13:4, 72:1,

86:20, 117:18

entitled [6] - 71:5,

101:4, 115:17,

116:3, 124:13,

128:12

Entry [1] - 107:5

equal [3] - 54:5,

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 134 of

146
109:17, 115:6

equals [1] - 109:18

equipment [4] - 50:7,

103:7, 118:18,

118:20

equitable [4] - 63:15,

104:21, 104:22,

106:20

equity [2] - 63:14,

104:23

especially [2] - 28:1,

34:4

ESQ [4] - 1:14, 1:15,

1:19, 1:22

Esquire [1] - 1:19

essential [8] - 25:12,

112:8, 112:14,

112:24, 120:8,

120:12, 120:14,

121:3

essentially [1] - 45:4

establish [3] - 112:14,

112:24, 122:10

estimated [1] - 100:3

estimation [3] -

101:21, 116:18,

116:20

Etna [1] - 17:13

evasive [2] - 78:1,

93:10

evening [2] - 75:22,

125:14

event [1] - 122:4

eventually [1] - 27:11

evidence [56] - 66:13,

66:15, 68:4, 68:11,

68:12, 68:15, 68:16,

68:17, 69:1, 69:2,

69:10, 69:11, 69:13,

70:15, 70:23, 72:4,

73:4, 77:22, 85:25,

86:3, 95:18, 96:1,

97:9, 98:7, 98:14,

101:13, 103:9,

108:2, 108:7, 109:8,

109:24, 109:25,

110:2, 110:9,

110:10, 110:12,

110:14, 110:17,

110:20, 110:21,

110:22, 111:17,

111:19, 111:20,

112:9, 112:11,

112:12, 112:15,

112:20, 112:22,

112:25, 113:17,

116:20, 117:19,

123:3, 123:12

EVIDENCE [1] - 3:12

exact [7] - 17:8, 53:13,

99:23, 99:25,

101:20, 116:14

exactly [10] - 9:6,

16:11, 36:21, 45:21,

54:3, 54:17, 60:16,

100:3, 105:23, 127:1

exam [2] - 22:12, 75:7

EXAMINATION[5] -

6:6, 13:15, 42:9,

52:10, 57:5

examination [2] -

13:3, 78:21

Examination [5] - 3:8,

3:9, 3:9, 3:10, 3:10

examinations [1] -

67:23

examine [3] - 99:3,

120:13, 123:6

examined [1] - 97:2

example [3] - 52:17,

57:18, 117:11

Excel [1] - 90:6

except [4] - 61:1,

64:24, 68:18, 110:4

exciting [3] - 34:5,

34:18, 34:19

excuse [2] - 71:13,

100:16

excused [4] - 61:14,

61:16, 63:4, 121:4

executive [3] - 23:12,

23:21, 23:23

exercise [1] - 100:19

Exhibit [2] - 3:13, 3:14

exhibit [3] - 15:20,

28:9, 63:10

exhibits [6] - 110:1,

112:22, 125:8,

125:19, 127:11,

127:23

EXHIBITS [1] - 3:12

existing [1] - 11:14

exited [3] - 61:25,

104:14, 125:18

exiting [1] - 35:3

expectation [1] -

37:10

expectations [3] -

14:25, 15:2, 38:10

expected [2] - 24:7,

42:20

expenses [2] - 71:25,

74:11

experience [2] - 22:4,

72:8

expertise [1] - 51:22

explain [4] - 19:25,

54:1, 109:11, 123:1

explained [2] - 14:24,

16:1

explains [1] - 20:22

explanation [3] - 95:6,

101:24, 102:3

express [1] - 121:16

extensions [1] - 19:6

extent [3] - 35:17,

116:21, 119:10

eyewitness [1] -

110:16

F

faces [2] - 88:19,

118:14

fact [13] - 38:8, 61:1,

69:4, 84:13, 85:20,

97:15, 109:15,

110:15, 110:18,

111:20, 112:6,

112:19, 122:20

factor[9] - 16:15,

16:17, 16:24, 88:8,

89:25, 90:15, 117:2,

119:9, 119:12

factors [7] - 71:8,

71:9, 86:16, 86:17,

117:19, 119:12

facts [7] - 69:10,

69:13, 110:7,

110:17, 113:16,

121:14, 123:11

factual [1] - 110:4

fail [1] - 100:1

failed [5] - 100:24,

101:19, 113:20,

116:10, 116:15

failing [1] - 120:1

fails [2] - 112:14,

112:24

failure [2] - 116:12,

121:10

Fair [2] - 71:5, 113:5

fair[3] - 14:8, 51:23,

51:24

FairLaw [1] - 1:15

fairly [3] - 14:10, 20:19

fairness [2] - 113:11,

122:18

fall [1] - 35:1

falls [1] - 21:15

falsely [1] - 111:19

families [2] - 75:25,

104:3

Family [2] - 23:13,

23:21

family [1] - 75:21

far[23] - 8:21, 11:25,

12:14, 16:12, 17:4,

18:16, 24:24, 29:13,

29:14, 29:21, 31:13,

37:8, 38:10, 38:21,

45:22, 49:7, 49:21,

51:11, 51:25, 53:13,

54:24, 99:11, 99:25

favor[1] - 49:18

feather[1] - 98:20

federal [1] - 73:22

fees [1] - 102:20

fell [2] - 26:2, 34:4

felt [3] - 49:11, 50:3,

52:22

few [6] - 21:4, 27:9,

90:13, 91:10, 111:4,

119:2

fiduciary [1] - 22:19

figure [3] - 80:10,

81:16, 85:10

figured [2] - 77:4,

93:24

file [1] - 80:22

filed [3] - 67:16, 85:21,

116:5

filing [1] - 84:8

fill [9] - 19:20, 44:22,

44:25, 45:6, 55:18,

98:14, 104:11,

123:19, 125:7

filled [2] - 45:7, 125:4

filling [1] - 92:12

final [2] - 12:14, 125:1

fine [5] - 11:5, 13:8,

31:22, 50:8, 127:8

finish [2] - 82:4, 94:15

finished [1] - 109:5

fire [1] - 102:14

fires [1] - 97:22

Firm [1] - 1:15

First [2] - 23:13, 23:21

first [21] - 5:7, 7:2,

14:22, 16:1, 26:23,

50:14, 52:17, 66:21,

67:24, 67:25, 72:11,

72:14, 77:13, 77:23,

81:5, 82:17, 106:17,

113:18, 114:12,

114:19

fit [1] - 21:8

five [7] - 17:22, 18:18,

64:18, 74:19, 86:17,

121:10, 124:17

fix [2] - 64:6, 95:4

FL [3] - 1:16, 1:20,

1:24

flexibility [11] - 8:10,

24:5, 26:8, 26:11,

26:17, 26:24, 27:1,

54:8, 59:1, 59:6,

90:21

flexible [4] - 8:1, 38:9,

45:24, 46:5

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

7

Floor [2] - 2:3, 128:16

FLORIDA [1] - 1:1

Florida [4] - 1:4, 2:4,

60:12, 128:16

flow [4] - 50:25, 51:4,

51:6, 51:8

FLSA [12] - 63:20,

79:24, 82:9, 113:6,

113:7, 113:13,

113:15, 113:23,

114:7, 116:23,

116:24, 119:13

focus [1] - 15:18

folks [1] - 107:16

follow [5] - 20:17,

20:23, 52:8, 109:11,

109:12

followed [1] - 125:4

following [5] - 4:1,

113:16, 120:7,

120:24, 122:11

follows [2] - 4:22, 5:22

FOR [4] - 1:14, 1:19,

3:3, 3:6

forced [1] - 89:4

foregoing [1] - 128:10

foreperson [4] -

123:14, 123:18,

125:6

forgot [1] - 112:1

form [13] - 19:20,

19:21, 20:12, 90:17,

98:14, 101:9,

103:11, 119:7,

123:16, 123:17,

123:19, 124:15,

127:4

format [1] - 53:13

formed [1] - 121:20

forms [5] - 85:23,

104:11, 125:2,

126:22, 126:24

formula [3] - 83:11,

88:13, 118:10

formulas [1] - 81:22

forth [3] - 21:18,

38:13, 58:21

forward [3] - 69:15,

69:16, 78:19

foundation [1] - 28:19

four [7] - 9:15, 23:13,

24:4, 26:4, 33:16,

90:6, 101:22

Four [2] - 121:7,

122:17

frame [1] - 105:23

frankly [1] - 91:6

free [3] - 27:21, 81:1,

109:7

frequency [1] - 114:24

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 135 of

146
frequently [1] - 37:8

Friday [1] - 101:23

friendly [1] - 33:4

fringe [2] - 88:11,

118:8

front [5] - 73:11,

73:22, 75:2, 90:24,

92:1

full [1] - 105:10

fully [1] - 123:3

functions [1] - 117:6

G

G-U-E-R-R-A [1] - 6:4

Gables [2] - 1:16, 1:24

gambit [1] - 90:6

gaps [1] - 94:3

general [1] - 109:20

generally [4] - 117:25,

118:13, 118:15,

118:23

gentlemen [11] - 4:8,

61:22, 66:3, 76:23,

104:6, 104:8,

108:25, 124:8,

124:15, 125:9,

125:20

gig [1] - 49:17

given [9] - 12:15,

71:12, 71:13, 71:14,

76:5, 118:11,

122:20, 125:7

glad [1] - 95:8

gobbledygook [1] -

91:6

God [2] - 82:5, 92:7

gonna [9] - 6:15,

15:11, 23:1, 32:12,

32:21, 45:3, 79:16,

89:19

Gonzalez [14] - 43:20,

48:18, 57:9, 63:7,

69:16, 97:11, 99:9,

102:4, 113:4, 117:3,

117:4, 117:15, 127:6

GONZALEZ [1] - 1:9

goodness [1] - 94:5

governed [2] - 103:17,

119:17

government[3] -

84:12, 84:20, 85:22

governs [2] - 103:11,

119:7

grammatical [1] -

65:19

great [6] - 24:3, 51:12,

72:23, 74:6, 87:10,

101:7

greater[1] - 124:13

ground [1] - 98:17

group [1] - 33:5

Group [1] - 23:13

growth [1] - 85:16

guaranteed [1] -

114:23

Guerra [10] - 3:8, 6:4,

6:8, 42:11, 68:18,

71:18, 72:16, 96:23,

99:13, 102:12

GUERRA [1] - 5:21

guess [5] - 21:23,

35:15, 60:16, 65:8,

74:3

guide [1] - 21:5

guides [1] - 119:12

guy [2] - 93:12, 95:17

guys [10] - 19:14,

22:12, 22:17, 23:3,

33:7, 34:8, 35:21,

53:23, 78:8, 94:25

H

hair [1] - 98:21

half [12] - 23:16,

31:14, 64:15, 80:18,

82:23, 92:20, 114:8,

114:13, 114:16,

114:18, 115:18,

115:24

hand [4] - 4:19, 5:19,

9:17, 77:10

handle [2] - 62:18,

67:14

hands [16] - 62:14,

63:12, 65:15, 65:17,

78:24, 104:16,

104:21, 104:24,

105:8, 105:17,

105:25, 106:5,

106:12, 106:19,

107:3, 107:5

hang [1] - 53:21

happy [1] - 62:16

hard [9] - 67:7, 67:11,

72:18, 75:16, 75:18,

75:21, 76:3, 76:5,

104:2

harder[2] - 26:2,

81:11

HDMI [1] - 95:11

head [1] - 89:24

headphones [1] -

89:23

headset [2] - 74:17,

76:17

health [6] - 7:9, 22:8,

22:11, 72:12, 72:18,

87:13

Healthcare [2] - 17:13,

23:12

hear[24] - 12:25,

33:18, 33:22, 35:25,

36:6, 36:12, 36:13,

36:22, 37:17, 40:1,

41:20, 62:2, 63:25,

68:5, 68:13, 68:24,

69:15, 75:12, 76:6,

76:7, 77:14, 82:5,

90:10, 96:21

heard [35] - 36:7,

36:15, 36:19, 39:14,

39:20, 66:3, 66:18,

68:4, 68:12, 71:17,

71:18, 71:22, 72:16,

72:25, 73:4, 74:1,

75:14, 75:20, 78:10,

79:10, 80:9, 83:18,

85:7, 88:2, 91:13,

96:23, 97:23, 99:13,

99:14, 101:13,

101:14, 102:10,

102:12, 125:13

hearing [3] - 36:3,

37:4, 66:21

hearsay [1] - 39:22

heart [1] - 94:5

heavily [1] - 49:18

heck [1] - 96:9

held [3] - 4:1, 86:4,

86:13

hello [3] - 13:17,

76:23, 77:3

help [12] - 6:25, 7:8,

8:4, 25:23, 41:25,

56:10, 56:24, 78:8,

89:12, 89:21, 124:8,

124:12

helpful [1] - 25:10

helping [1] - 25:15

hereby [1] - 128:10

herself [2] - 102:15,

102:16

hesitate [1] - 123:6

hi [1] - 13:18

higher [3] - 34:23,

38:10, 81:17

himself [1] - 36:18

HIPAA [1] - 23:4

hired [1] - 86:14

hiring [1] - 85:11

hit [5] - 15:24, 34:9,

34:23, 35:6, 74:19

hmm [12] - 14:1,

15:13, 16:5, 16:13,

18:23, 19:5, 28:8,

29:17, 30:4, 31:15,

39:6, 51:1

hold [1] - 51:21

holding [1] - 91:4

home [14] - 24:22,

55:21, 55:22, 57:8,

57:9, 57:12, 57:14,

57:19, 58:13, 58:16,

58:18, 58:20, 58:23,

76:15

honest [1] - 123:8

Honor [18] - 4:25, 5:6,

13:8, 62:5, 62:18,

63:4, 63:8, 64:7,

64:21, 65:24, 86:1,

94:17, 94:22, 104:5,

107:23, 107:24,

108:1, 128:2

honor [3] - 67:13,

98:11, 104:7

HONORABLE [1] -

1:12

hope [3] - 77:6, 77:7,

91:8

hospital [1] - 89:11

hour [11] - 10:2, 29:24,

64:15, 77:23, 79:23,

82:1, 89:20, 92:14,

107:16, 115:18,

115:25

hourly [7] - 37:11,

37:17, 79:15, 81:16,

88:6, 114:24

hours [39] - 9:12, 9:14,

24:2, 33:6, 48:11,

48:15, 73:2, 73:4,

73:6, 75:15, 77:24,

78:5, 78:8, 79:16,

82:1, 87:3, 89:2,

90:6, 92:4, 92:5,

92:10, 92:20, 93:17,

101:17, 114:5,

114:6, 114:9,

114:10, 114:13,

115:16, 115:19,

115:21, 115:23,

115:24, 116:7,

116:11, 117:24

house [2] - 92:18,

97:24

household [1] - 18:19

huge [6] - 9:19, 16:11,

26:24, 54:14, 54:16,

93:6

human [2] - 51:17,

80:16

husband [1] - 48:2

hybrid [1] - 76:14

I

I-95 [1] - 50:20

idea [16] - 21:3, 28:17,

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

8

28:21, 33:6, 54:5,

74:4, 80:1, 81:1,

81:13, 83:11, 83:12,

85:11, 86:21, 88:3,

88:5

IDENTIFIED [1] - 3:12

Illinois [2] - 60:15,

60:18

immediately [2] -

39:12, 104:23

important [18] - 38:9,

41:4, 41:5, 41:14,

67:10, 69:4, 70:5,

72:2, 82:3, 90:16,

90:22, 103:14,

110:24, 111:19,

112:5, 119:5,

119:12, 119:14

importantly [2] -

68:25, 81:5

impress [1] - 111:5

impression [1] -

124:14

improper[1] - 85:4

IN [1] - 3:12

inaccurately [1] -

112:2

inadequate [3] -

99:25, 101:15, 116:6

inbound [6] - 28:25,

60:2, 60:8, 60:10,

60:20, 61:8

Inc [10] - 117:15,

120:22, 120:25,

121:7, 122:5, 122:6,

122:13, 122:14,

122:15, 122:18

INC [1] - 1:8

Inc.'s [2] - 117:6,

121:6

included [1] - 114:20

includes [1] - 109:25

including [6] - 62:6,

96:3, 113:25, 117:6,

121:15, 124:7

income [7] - 21:13,

27:12, 38:22, 49:5,

49:6, 71:16, 72:17

incorrect [1] - 127:4

independent [82] -

8:7, 8:8, 11:23,

14:12, 23:14, 24:11,

25:11, 26:6, 27:21,

43:21, 45:23, 46:10,

51:23, 58:25, 59:2,

70:25, 71:1, 71:4,

71:24, 72:1, 74:2,

74:5, 74:6, 75:17,

76:4, 76:17, 79:18,

79:21, 82:12, 82:14,

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 136 of

146
82:19, 82:21, 83:21,

84:2, 84:6, 84:9,

84:11, 84:13, 84:20,

84:21, 84:24, 85:18,

86:5, 86:9, 86:13,

86:14, 86:15, 86:19,

86:25, 87:4, 88:12,

88:17, 88:18, 89:8,

89:10, 90:1, 90:10,

90:19, 90:21, 91:1,

91:3, 91:4, 96:8,

102:8, 102:25,

103:16, 106:13,

107:6, 107:9,

113:13, 116:9,

117:13, 117:16,

117:25, 118:3,

118:9, 118:13,

118:19, 118:22,

119:15, 119:17,

119:20

indicated [1] - 51:25

indication [1] - 122:22

individual [9] - 14:18,

18:11, 35:14, 35:23,

116:22, 116:24,

116:25, 119:20

industries [1] - 90:2

industry [2] - 89:14,

118:24

inequitable [3] -

105:6, 107:7, 107:10

inference [1] - 78:17

influenced [1] - 109:9

information [9] - 20:2,

23:6, 23:7, 23:8,

34:7, 55:4, 55:18,

93:23, 124:5

infringement [1] -

85:2

injured [1] - 105:3

innocent [1] - 112:3

input [1] - 31:7

inspired [1] - 72:13

instance [2] - 19:9,

29:15

instead [3] - 74:20,

87:11, 127:6

instruct [2] - 66:6,

104:12

instruction [12] -

62:13, 62:17, 63:2,

65:15, 65:16, 65:18,

104:16, 105:24,

106:17, 107:12,

124:18, 124:20

instructions [26] -

64:22, 64:23, 68:13,

71:7, 77:15, 82:5,

82:8, 88:14, 90:10,

96:2, 98:12, 101:11,

107:17, 108:12,

108:22, 109:1,

109:3, 109:13,

109:14, 110:5,

122:20, 124:24,

125:2, 125:4, 125:7,

125:14

INSTRUCTIONS[1] -

108:24

Instructions..............

....... [1] - 3:22

insurance [47] - 7:9,

11:12, 11:19, 22:6,

22:10, 22:11, 23:14,

24:12, 25:6, 25:15,

27:14, 40:19, 40:23,

42:2, 47:1, 47:7,

47:16, 49:10, 49:18,

56:16, 57:18, 60:7,

60:17, 72:2, 72:8,

72:13, 72:18, 72:22,

74:18, 75:5, 75:12,

79:9, 79:14, 79:15,

79:22, 79:23, 87:13,

87:20, 88:10, 92:13,

92:24, 96:4, 103:21,

118:8, 119:25, 122:7

insurances [1] - 79:6

intended [3] - 66:16,

115:13, 119:19

intense [1] - 11:6

intent [6] - 90:15,

90:16, 90:22, 119:4,

121:16

intention [1] - 90:23

intentional [2] - 112:4,

121:22

intentions [1] - 120:19

interest [4] - 22:16,

22:18, 111:9, 123:11

interesting [1] - 95:15

interference [3] -

106:6, 106:9, 106:21

Internet [3] - 57:23,

126:13, 126:16

interpretation [1] -

110:8

interpreted [1] -

122:22

interpreter[2] - 5:7,

5:11

interrogatories [1] -

98:12

interval [1] - 115:3

interview [5] - 7:3,

7:12, 7:14, 14:24,

15:6

interviewed [3] - 7:5,

14:22, 26:18

introverted [2] - 36:4,

36:16

invented [1] - 80:13

invited [1] - 57:18

involve [1] - 16:20

involved [9] - 20:7,

58:17, 74:23, 74:24,

88:19, 109:15,

109:19, 112:17

involves [1] - 71:9

iPad [1] - 50:2

irrelevant[1] - 69:5

IRS [3] - 85:22,

106:14, 107:6

issue [11] - 40:8, 46:9,

46:12, 46:13, 46:14,

50:10, 65:5, 102:7,

110:4, 122:21

issued [2] - 70:25,

71:11

issues [4] - 9:19,

67:14, 71:9, 99:6

IT [1] - 126:20

it'd [1] - 12:16

item [1] - 47:20

items [1] - 46:25

J

Jamaica [1] - 92:18

January [2] - 75:23,

92:16

Jeopardy [2] - 50:13,

74:19

job [26] - 11:24, 14:21,

14:25, 15:6, 15:7,

18:20, 25:10, 42:1,

75:3, 76:14, 76:15,

79:13, 79:15, 79:16,

81:4, 81:6, 85:15,

86:15, 88:5, 88:6,

90:20, 94:11, 97:5,

118:11, 118:20

jobs [3] - 75:10, 88:23

joint [1] - 127:23

JUDGE [1] - 1:12

Judge [8] - 12:19,

12:21, 24:16, 61:19,

62:9, 65:10, 82:6,

88:15

judge [1] - 126:11

Judge's [1] - 77:14

judges [2] - 123:10

July [1] - 1:5

jurors [7] - 64:11,

64:16, 108:16,

108:23, 123:4,

124:4, 125:1

Jurors [1] - 128:5

JURY [2] - 1:11, 77:9

jury [43] - 4:6, 4:7,

11:10, 15:20, 28:9,

61:24, 61:25, 64:16,

65:22, 65:23, 66:1,

67:2, 67:10, 68:10,

68:14, 71:7, 73:22,

78:24, 79:13, 86:2,

86:23, 96:2, 101:10,

104:10, 104:14,

104:17, 105:23,

106:18, 107:20,

108:12, 108:20,

109:5, 123:13,

123:17, 124:6,

124:10, 124:23,

125:1, 125:9,

125:18, 125:19,

127:24, 128:5

justice [1] - 109:18

K

K-A-T-R-I-N-A [1] - 6:3

katrina [1] - 3:8

Katrina [6] - 5:7, 5:10,

6:1, 6:3, 13:19,

79:10

KATRINA[1] - 5:21

keep [19] - 41:23,

52:13, 52:24, 53:7,

54:2, 57:12, 64:16,

78:8, 82:13, 86:6,

95:24, 101:17,

111:24, 116:7,

116:10, 116:12,

116:15

keeping [2] - 23:4,

53:13

keeps [2] - 97:20,

97:21

key [2] - 86:16, 86:17

kids [5] - 24:4, 26:4,

26:12, 32:7, 85:8

kind [27] - 7:18, 12:2,

19:13, 21:4, 21:5,

21:14, 22:2, 26:2,

27:12, 28:23, 29:21,

30:22, 31:4, 34:4,

35:3, 36:17, 46:21,

50:13, 50:24, 51:12,

52:21, 53:14, 58:20,

67:2, 95:14, 95:16,

118:4

kinda [1] - 30:7

kindergarten [3] -

58:7, 58:8, 58:9

knock [1] - 125:13

knowing [1] - 74:25

knowledge [2] - 9:7,

110:15

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

9

known [2] - 113:6,

114:13

knows [2] - 114:4,

121:22

L

label [4] - 83:23,

103:17, 119:17,

119:21

Labor [3] - 71:5,

113:5, 113:12

lack [2] - 30:20, 31:1

ladies [9] - 4:8, 61:22,

66:3, 76:23, 104:6,

104:8, 108:25,

124:8, 124:15

lapse [1] - 112:3

laptop [12] - 55:10,

55:11, 55:16, 87:25,

125:24, 126:3,

126:4, 126:5,

126:19, 127:10,

127:15

laptops [3] - 126:2,

126:10, 126:16

Last [1] - 6:3

last [13] - 39:3, 40:22,

47:17, 67:15, 67:25,

68:1, 77:21, 83:12,

83:18, 122:3, 122:5,

126:4, 126:7

late [1] - 67:13

latest [1] - 125:16

laundry [1] - 58:21

Law [1] - 1:19

law [20] - 60:4, 65:16,

66:6, 75:3, 81:14,

101:15, 101:17,

104:13, 109:1,

109:11, 109:12,

109:14, 109:17,

109:21, 110:5,

113:21, 116:6,

117:9, 117:10

lawsuit [6] - 67:16,

77:14, 80:22, 95:3,

102:18, 116:5

lawyer[2] - 69:19

lawyers [9] - 66:12,

67:3, 67:5, 69:17,

75:4, 89:8, 110:2,

124:2, 124:16

lead [1] - 12:17

leading [14] - 10:15,

26:14, 30:10, 30:23,

31:8, 32:24, 36:9,

39:17, 40:4, 41:7,

56:11, 57:1, 75:23,

75:24

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 137 of

146
leads [9] - 44:18, 60:2,

60:20, 61:3, 74:12,

85:4, 87:15, 89:17,

103:21

leaning [2] - 99:1,

99:3

learn [2] - 7:10, 22:21

least [4] - 21:25, 24:5,

70:4, 114:8

leave [5] - 29:24, 46:9,

46:11, 96:19, 125:6

left [4] - 24:8, 26:25,

85:7, 99:1

legal [4] - 51:13,

51:15, 66:18, 110:19

Leon [1] - 1:23

LESESMA [1] - 4:21

Lesesma [1] - 3:7

less [8] - 11:5, 18:12,

31:2, 35:22, 48:15,

60:16, 99:19, 103:25

letter[6] - 91:14,

91:17, 91:24, 92:2,

106:2

letters [2] - 80:19,

92:1

Liability [1] - 116:22

liable [2] - 116:23,

116:25

licence [1] - 22:8

license [9] - 22:7,

22:10, 49:10, 72:8,

72:10, 72:13, 75:5,

90:11

licensed [6] - 14:14,

25:17, 26:6, 60:17,

79:12, 79:22

licenses [2] - 90:3,

118:25

lie [1] - 91:20

life [11] - 11:18, 22:8,

22:9, 22:11, 23:14,

24:12, 27:14, 49:9,

49:11, 49:17, 79:9

Life [1] - 23:14

light [2] - 102:1,

117:17

likely [1] - 112:13

limited [1] - 66:14

line [3] - 40:17, 41:13,

82:5

lines [1] - 62:21

link [1] - 20:14

listed [3] - 53:1,

105:17, 119:12

listen [5] - 6:25, 12:2,

32:11, 66:15, 90:5

listened [1] - 72:14

listening [1] - 78:8

listing [1] - 119:1

listings [2] - 90:14,

119:3

literally [1] - 80:23

litigation [1] - 104:24

live [2] - 43:7, 43:8

lives [1] - 67:9

living [1] - 49:8

LLCs [1] - 85:21

locate [1] - 127:10

look [13] - 46:18, 64:1,

78:14, 86:20, 89:6,

103:17, 104:18,

119:21, 119:22,

124:20, 125:19,

125:22, 125:25

looked [3] - 90:25,

104:19, 127:20

looking [4] - 27:1,

90:6, 90:7, 95:15

Lopez [2] - 113:2

LOPEZ [2] - 1:4, 1:4

Lorenzo [1] - 1:16

lose [3] - 76:8, 89:2,

94:12

losing [1] - 94:13

loss [8] - 76:10, 85:13,

88:19, 88:21, 88:23,

103:3, 118:14,

118:16

lost [2] - 52:21, 76:6

love [2] - 75:25, 91:16

lunch [4] - 64:13,

104:10, 104:11,

125:12

M

ma'am [3] - 4:19, 5:16,

61:13

Mac [1] - 126:12

mad [1] - 92:8

mail [11] - 39:10,

39:12, 40:8, 43:19,

43:24, 80:6, 80:20,

91:14, 91:15, 91:18,

127:7

mailed [1] - 65:14

mails [1] - 97:13

main [2] - 49:5, 49:6

maintain [4] - 105:25,

116:8, 116:11,

116:12

major[1] - 68:8

man [1] - 102:11

manage [1] - 96:8

management [1] -

51:17

manager[4] - 6:21,

6:23, 6:24, 41:23

managers [1] - 96:8

mandatory [2] - 10:9,

113:7

manner[6] - 87:3,

87:6, 102:9, 117:23,

118:2, 119:11

margin [1] - 99:5

Mariana [12] - 30:3,

36:25, 48:15, 69:9,

72:5, 75:6, 75:20,

91:10, 99:7, 99:16,

100:22, 113:2

MARIANA[1] - 1:4

market [1] - 79:14

marketplace [2] -

20:3, 55:5

married [1] - 18:17

match [2] - 68:21,

98:16

matched [1] - 52:23

material [1] - 106:13

math [1] - 93:25

matter[10] - 32:16,

70:14, 73:25, 88:25,

102:13, 102:14,

111:2, 115:1,

121:15, 128:12

matters [3] - 26:17,

71:17, 110:9

maximize [8] - 9:19,

11:3, 28:22, 30:1,

33:10, 48:23, 58:22,

59:22

maximized [1] - 9:16

McCARN [2] - 2:2,

128:15

mean [68] - 9:24, 10:8,

11:2, 11:25, 19:25,

20:7, 21:10, 22:22,

27:5, 29:20, 31:23,

33:4, 34:2, 37:4,

43:6, 44:11, 44:22,

48:8, 49:2, 49:7,

49:14, 49:18, 49:22,

50:1, 50:9, 50:11,

51:5, 52:15, 53:11,

54:9, 58:24, 59:12,

60:6, 60:22, 64:17,

71:1, 71:18, 71:25,

75:10, 75:15, 75:16,

75:18, 76:3, 76:11,

76:14, 76:18, 77:19,

77:20, 77:21, 77:25,

79:12, 79:24, 86:10,

89:16, 91:21, 92:7,

92:19, 93:12, 95:1,

95:7, 95:11, 96:8,

97:11, 98:20,

101:13, 110:22,

111:24

meaning [1] - 103:19

means [9] - 75:16,

76:5, 87:3, 87:6,

102:9, 112:11,

117:23, 118:1,

119:11

measurement[1] -

14:4

measurement-wise

[1] - 14:4

medical [2] - 21:12,

22:24

meet [8] - 7:13, 7:16,

16:1, 24:21, 24:22,

42:14, 57:19, 104:9

mem [1] - 15:25

member[10] - 8:21,

15:12, 16:12, 16:16,

17:22, 18:9, 43:13,

47:3, 47:12, 103:4

members [17] - 9:1,

12:10, 12:14, 15:14,

16:4, 17:3, 17:21,

17:23, 18:5, 18:6,

18:13, 21:24, 35:16,

47:2, 52:19, 54:5,

123:14

memory [5] - 111:11,

112:3, 124:12,

124:13, 124:14

mention [3] - 33:25,

36:19, 91:13

mentions [1] - 83:16

message [3] - 20:14,

123:22, 124:3

met [8] - 14:21, 26:10,

27:3, 42:12, 69:7,

98:15, 99:4, 99:5

method [1] - 114:24

MIAMI [1] - 1:2

Miami [7] - 1:4, 1:20,

2:3, 2:4, 79:13,

128:16, 128:16

microphone [3] - 6:2,

24:14, 76:24

middle [1] - 13:3

might [6] - 38:25,

39:15, 63:18, 64:5,

89:19, 94:12

million [1] - 81:21

mind [5] - 58:24,

70:22, 92:12,

111:24, 123:6

minds [1] - 68:9

minimizing [1] - 74:23

minimum [2] - 85:15,

94:4

minute [3] - 62:11,

63:24, 103:13

minutes [14] - 4:13,

43:5, 64:10, 64:15,

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

10

64:17, 64:18, 65:9,

73:1, 74:19, 76:21,

77:22, 103:2,

107:21, 108:10

MISCELLANEOUS[1]

- 3:18

misclassified [1] -

84:22

misquoted [1] - 73:20

misstated [1] - 112:2

misstatement[1] -

112:5

mistake [1] - 111:24

mistakes [2] - 65:19,

125:3

mom's [1] - 92:18

moment [6] - 34:18,

34:19, 35:10, 43:5,

43:6, 50:3

moments [1] - 77:7

Monday [1] - 78:10

money [34] - 47:12,

49:14, 49:15, 70:13,

74:6, 74:11, 75:19,

76:1, 76:7, 76:8,

76:9, 79:17, 81:11,

81:17, 85:14, 86:12,

88:4, 89:1, 89:2,

91:22, 91:23, 91:25,

94:2, 94:4, 94:6,

95:21, 95:22, 95:24,

97:18, 97:25, 102:2,

102:3, 104:2

monitor [2] - 89:22,

103:22

monitors [2] - 56:2,

76:17

month [13] - 39:3,

39:8, 47:12, 47:14,

47:15, 47:21, 52:18,

80:8, 83:12, 83:18,

92:16, 94:1, 94:10

monthly [2] - 21:18,

115:3

months [6] - 33:15,

52:21, 80:5, 80:21,

93:23

morning [14] - 4:3,

4:8, 6:8, 6:9, 29:23,

42:11, 42:13, 42:14,

43:4, 58:10, 58:13,

61:23, 75:22, 125:15

most [33] - 10:21,

16:6, 17:3, 20:19,

37:5, 41:21, 46:16,

47:8, 47:17, 47:20,

47:21, 48:7, 48:17,

49:2, 49:11, 49:12,

49:14, 50:19, 51:3,

51:7, 60:8, 60:10,

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 138 of

146
60:11, 67:10, 72:1,

80:25, 81:5, 82:3,

90:22, 103:14,

119:11, 119:13

mostly [3] - 22:7, 22:8,

87:24

motions [4] - 62:2,

62:5, 62:8, 62:10

motivation [1] - 69:3

mouse [7] - 50:3,

50:4, 50:6, 50:11,

74:17, 74:20, 103:1

mouses [1] - 89:22

mouth [2] - 56:6,

73:11

move [6] - 13:12,

42:21, 85:16, 88:24,

108:7, 124:21

moved [2] - 43:10,

97:24

MR [138] - 4:4, 4:12,

4:15, 4:25, 5:4, 5:6,

5:10, 5:14, 6:7, 6:19,

10:15, 10:17, 12:17,

12:19, 12:21, 12:23,

13:2, 13:8, 13:12,

13:13, 13:14, 13:16,

15:21, 24:16, 24:18,

26:14, 26:16, 26:19,

26:21, 28:10, 28:19,

29:4, 29:9, 30:10,

30:15, 30:23, 30:25,

31:8, 31:10, 32:24,

33:1, 36:9, 36:11,

39:17, 39:19, 39:22,

39:25, 40:4, 40:7,

40:14, 40:16, 41:7,

41:9, 42:10, 52:7,

52:8, 52:11, 53:2,

53:5, 53:9, 53:15,

56:11, 56:13, 57:1,

57:4, 57:6, 61:11,

61:19, 61:21, 62:4,

62:9, 62:13, 62:20,

62:24, 63:4, 63:7,

63:14, 63:16, 63:18,

63:21, 64:3, 64:5,

64:13, 64:15, 64:19,

64:21, 65:2, 65:5,

65:8, 65:10, 65:24,

67:2, 76:23, 77:1,

77:3, 77:10, 85:25,

86:4, 94:17, 94:20,

94:22, 94:24, 95:13,

103:14, 104:5,

104:19, 105:12,

105:14, 105:16,

106:2, 106:6,

106:16, 106:21,

106:25, 107:2,

107:7, 107:13,

107:18, 107:23,

107:24, 108:1,

108:6, 108:9,

125:10, 125:21,

125:23, 125:24,

126:4, 126:7,

126:11, 126:18,

127:5, 127:8,

127:12, 127:15,

127:19, 127:21,

128:2

muddled [1] - 105:24

multiple [1] - 18:8

multiply [1] - 115:23

must [37] - 87:4,

104:25, 105:2,

109:1, 109:8, 109:9,

109:11, 109:12,

109:13, 109:16,

109:17, 109:24,

110:21, 110:22,

112:2, 113:16,

114:5, 114:11,

114:19, 114:20,

115:19, 116:19,

117:1, 117:2, 117:5,

117:14, 117:19,

117:25, 120:6,

120:23, 121:13,

122:10, 122:24,

122:25, 123:2,

123:4, 123:18

N

name [8] - 5:25, 6:1,

6:3, 6:4, 42:11, 98:4,

119:1, 127:4

names [2] - 90:14,

119:3

naturally [1] - 112:1

nature [3] - 7:1, 22:25,

35:20

necessarily [1] - 111:2

necessary [5] - 90:3,

90:11, 118:4,

118:20, 118:24

need [47] - 5:6, 5:7,

5:11, 11:17, 11:18,

20:13, 23:1, 24:5,

26:11, 38:11, 40:20,

45:6, 46:9, 46:21,

54:23, 55:3, 55:6,

55:8, 55:9, 55:12,

55:23, 55:24, 56:6,

56:8, 56:14, 56:20,

56:23, 62:16, 69:10,

69:12, 70:20, 76:24,

87:17, 87:18, 89:9,

89:12, 98:16, 98:19,

98:20, 99:2, 99:3,

103:20, 125:2,

126:5, 127:23

needed [28] - 9:17,

9:18, 9:21, 15:24,

21:1, 21:16, 25:9,

27:2, 31:21, 43:18,

43:19, 43:23, 44:12,

45:6, 46:11, 46:17,

46:18, 46:20, 46:21,

46:22, 87:24, 87:25,

88:2, 96:3, 97:1,

97:3, 97:5

needing [1] - 87:13

needs [6] - 12:3,

41:17, 46:8, 89:7,

89:11

negotiate [2] - 96:16

negotiated [1] - 113:8

Netflix [2] - 53:20,

53:24

never[34] - 9:18, 10:9,

32:19, 36:7, 36:15,

38:12, 50:7, 50:10,

57:18, 58:18, 59:21,

59:23, 60:22, 60:24,

70:18, 77:25, 78:1,

78:12, 80:5, 80:21,

80:23, 80:24, 82:2,

83:15, 83:16, 84:12,

91:13, 91:18, 91:20,

92:2, 94:3, 97:12,

123:1

nevertheless [1] -

119:10

New [1] - 75:24

new [5] - 11:12, 11:14,

74:6, 97:24, 126:12

next [8] - 4:14, 44:3,

61:17, 76:13, 100:1,

100:5, 100:10,

124:21

nice [1] - 42:14

night [3] - 60:3, 60:7,

60:21

nine [2] - 33:15

NO [1] - 1:2

nobody [2] - 97:14,

97:16

non [1] - 114:20

non-discretionary [1]

- 114:20

none [2] - 82:21,

82:22

normally [3] - 47:4,

118:3, 126:15

North [2] - 2:3, 128:16

note [1] - 124:7

notebooks [1] - 66:8

notes [9] - 66:9,

66:11, 66:14, 99:21,

124:8, 124:9,

124:11, 124:12

nothing [10] - 29:20,

61:11, 64:25, 71:6,

94:10, 97:18,

103:25, 126:3

notice [2] - 54:10,

54:12

November[5] - 33:14,

39:3, 39:4, 75:23,

92:17

November/

December[1] - 39:3

nowadays [1] - 56:15

number[7] - 21:1,

34:23, 35:16, 52:19,

111:1, 115:12,

117:18

numbers [16] - 15:24,

17:8, 34:3, 39:9,

79:24, 80:2, 80:13,

80:23, 81:15, 83:8,

83:10, 91:8, 99:21,

100:21, 101:2,

127:24

numbing [1] - 92:12

O

o'clock [12] - 29:18,

30:6, 58:9, 58:10,

60:3, 60:7, 60:12,

60:13, 60:15, 60:21,

60:22

Obamacare [1] - 8:4

object [2] - 4:25, 13:2

objection [11] - 10:15,

12:25, 13:9, 13:10,

26:14, 26:19, 28:19,

30:10, 39:22, 62:25,

85:25

objections [4] - 12:3,

46:22, 62:6, 62:15

obligated [1] - 59:25

obligation [2] - 78:19,

82:12

observe [1] - 111:13

obtain [1] - 15:24

occasion [1] - 43:24

occurred [1] - 121:6

October[6] - 6:15,

6:18, 13:22, 33:14

OF [4] - 1:1, 67:1,

77:2, 94:23

offensive [1] - 80:25

offer[4] - 90:1, 103:8,

118:22, 118:23

offered [3] - 47:9,

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

11

87:20, 103:10

offering [1] - 27:6

Office [1] - 126:1

office [22] - 31:13,

33:16, 36:5, 37:20,

38:14, 39:11, 43:8,

43:20, 49:22, 55:21,

57:14, 58:17, 61:7,

74:10, 74:12, 75:6,

76:13, 96:4, 97:24,

98:2, 103:1, 113:25

officer[3] - 108:22,

123:23

OFFICER [4] - 61:24,

65:11, 65:13, 125:17

Offices [1] - 1:19

Official [1] - 128:15

official [1] - 2:2

often [2] - 67:3, 67:4

old [3] - 57:15, 58:3,

95:3

ON [3] - 67:1, 77:2,

94:23

once [16] - 12:14,

12:15, 16:3, 16:6,

29:21, 29:24, 34:2,

35:23, 40:18, 40:23,

41:4, 43:9, 43:25,

55:16, 115:22

one [91] - 10:3, 12:24,

16:21, 17:11, 17:13,

17:22, 18:2, 18:4,

18:9, 18:12, 18:16,

18:18, 21:16, 28:6,

30:14, 31:23, 32:7,

34:4, 34:9, 34:13,

36:2, 36:4, 39:2,

39:8, 40:1, 40:25,

41:22, 49:16, 50:14,

61:9, 62:22, 64:6,

64:24, 70:16, 71:8,

71:9, 72:23, 73:7,

73:12, 79:21, 80:11,

81:3, 83:5, 83:7,

84:23, 86:7, 88:7,

90:13, 93:18, 95:9,

96:11, 98:2, 98:3,

98:19, 100:6,

103:13, 107:4,

111:5, 112:17,

114:8, 114:10,

114:18, 115:9,

115:18, 115:24,

117:2, 118:13,

119:2, 119:21,

120:8, 120:25,

122:12, 123:4,

123:13, 124:4,

124:21, 124:24,

124:25, 125:3,

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 139 of

146
125:5, 125:6, 126:5,

126:8, 126:21,

127:13, 127:16,

127:21

one-and-one-half [1] -

114:8

one-half [3] - 114:18,

115:18, 115:24

ones [2] - 36:2, 65:2

online [2] - 75:5, 75:6

open [36] - 8:3, 9:14,

11:4, 11:8, 11:9,

11:10, 11:11, 11:20,

13:23, 16:3, 16:15,

16:19, 16:25, 19:1,

20:15, 27:5, 28:1,

31:13, 31:19, 35:12,

35:24, 41:13, 47:2,

48:5, 48:11, 48:16,

48:20, 59:15, 60:21,

60:23, 71:23, 92:5,

93:16, 94:9, 99:18,

100:8

opened [1] - 71:22

opening [5] - 66:12,

67:8, 70:4, 70:5,

70:17

operational [2] -

71:25, 117:3

opinion [2] - 110:4,

123:6

opportunity [20] -

9:20, 10:21, 31:4,

49:9, 66:23, 67:5,

67:6, 67:19, 67:20,

76:5, 85:13, 85:15,

85:16, 85:17, 87:10,

88:24, 89:1, 111:12,

118:12, 118:13

oral [3] - 120:4

order[4] - 15:24, 20:3,

35:4, 68:6

ordered [1] - 84:25

ordering [1] - 104:11

orders [1] - 104:10

ordinarily [4] - 88:12,

90:13, 118:9, 119:1

Oscar[7] - 34:11,

36:1, 42:3, 47:8,

47:11, 83:14

otherwise [5] - 59:15,

89:18, 89:19, 102:3,

113:10

ourselves [2] - 53:21,

89:10

outcome [2] - 111:10,

119:10

outline [1] - 15:23

outside [3] - 4:5, 53:2,

53:9

overcome [2] - 12:3,

46:22

overhead [1] - 56:17

overruled [6] - 28:20,

39:23, 40:5, 53:3,

53:10, 86:3

overstepping [1] -

30:22

overtime [36] - 37:13,

37:18, 48:9, 70:18,

71:6, 78:12, 80:6,

82:15, 95:6, 95:19,

95:22, 99:11, 99:14,

99:15, 99:22,

100:14, 100:23,

101:25, 103:23,

103:24, 113:5,

113:21, 113:22,

114:5, 114:11,

114:14, 114:17,

115:8, 115:10,

115:17, 115:18,

115:19, 115:23,

115:24, 115:25

overview [1] - 18:20

overwhelming [2] -

70:23, 98:15

owed [35] - 36:13,

52:14, 52:20, 53:8,

54:2, 54:6, 80:6,

80:7, 80:10, 80:17,

80:18, 91:7, 91:11,

91:17, 91:25, 95:18,

95:19, 99:11, 99:22,

100:3, 100:14,

100:20, 101:5,

101:7, 102:2,

103:23, 103:25,

114:17, 122:9

owes [1] - 122:6

own [24] - 24:2, 37:7,

50:6, 53:14, 84:14,

84:16, 85:20, 87:25,

89:7, 89:15, 89:18,

89:20, 89:22, 105:5,

105:8, 109:2, 110:7,

110:8, 123:6,

124:12, 126:2

owner [5] - 7:15, 9:9,

9:10, 12:15, 14:19

Oz [1] - 98:1

P

p.m [15] - 1:6, 30:3,

61:3, 61:8, 75:16,

104:14, 108:14,

108:20, 125:13,

125:16, 125:18,

128:4, 128:6

page [1] - 43:12

Page [3] - 3:3, 3:6,

3:19

Pages [1] - 1:8

pages [2] - 124:16,

124:17

paid [51] - 8:12, 8:18,

12:13, 12:16, 15:11,

33:19, 36:8, 37:11,

38:25, 40:18, 40:23,

43:16, 43:21, 52:1,

52:4, 71:9, 71:23,

78:11, 80:11, 80:15,

81:9, 81:17, 83:1,

83:3, 83:4, 83:7,

86:12, 88:8, 88:9,

88:12, 88:21, 93:3,

93:22, 94:3, 95:2,

96:15, 98:4, 100:8,

100:9, 100:11,

102:17, 102:19,

114:23, 116:2,

116:3, 116:8,

116:17, 118:5,

118:9, 118:16

painful [1] - 77:20

pale [1] - 91:8

paper[2] - 56:23,

98:19

papers [1] - 20:18

paragraph [1] - 62:25

part [28] - 11:2, 17:3,

25:5, 37:15, 40:17,

41:21, 42:1, 46:16,

48:7, 48:9, 49:2,

50:19, 51:3, 51:7,

52:4, 67:10, 72:2,

80:25, 82:2, 82:3,

82:10, 86:16, 93:6,

111:1, 112:8,

112:14, 112:24

participating [1] -

42:2

particular[14] - 11:24,

12:11, 18:10, 21:24,

33:24, 51:22, 52:24,

53:11, 90:2, 111:2,

111:7, 115:5, 118:24

parties [17] - 86:21,

90:17, 117:18,

119:5, 119:18,

119:19, 120:9,

120:10, 120:12,

120:13, 120:18,

121:16, 121:18,

121:22, 122:1,

124:2, 126:2

parties' [3] - 119:4,

120:18

partly [2] - 120:4

party [7] - 104:22,

104:23, 109:15,

120:16, 121:12,

121:13, 121:23

party's [1] - 90:15

pass [1] - 108:22

passed [1] - 75:7

past [2] - 59:21,

119:21

patience [2] - 12:2,

46:21

patient [1] - 124:3

Patricia [5] - 65:1,

108:16, 126:10,

126:22, 127:9

pause [1] - 76:20

Pause [13] - 4:11,

4:18, 5:17, 24:17,

29:6, 40:11, 61:18,

62:23, 63:23,

108:19, 126:9,

127:22, 128:1

pay [36] - 21:13,

34:24, 47:4, 47:15,

72:17, 72:22, 74:7,

74:8, 76:2, 84:16,

86:6, 95:20, 95:22,

95:23, 97:6, 97:21,

100:1, 100:24,

113:4, 113:5,

113:20, 113:21,

114:7, 114:11,

114:13, 114:16,

115:10, 116:11,

116:16, 116:21,

119:24, 120:1,

121:9, 122:18

paying [3] - 8:21,

114:25, 121:8

payment[4] - 16:12,

40:21, 41:2, 122:8

payments [3] - 21:18,

39:21, 93:21

pays [2] - 102:19,

118:5

pen [3] - 56:20, 56:24

pencils [1] - 66:9

people [41] - 8:4,

18:18, 19:2, 19:15,

25:13, 25:15, 25:24,

34:13, 35:12, 39:5,

41:5, 41:11, 41:18,

44:11, 52:13, 74:25,

79:21, 80:17, 81:2,

81:5, 83:14, 83:15,

83:19, 87:9, 87:12,

87:13, 87:14, 87:15,

87:16, 87:18, 88:23,

89:24, 91:25, 92:23,

93:8, 93:14, 94:6,

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

12

109:19, 112:1,

117:11

per[18] - 8:21, 15:11,

16:12, 16:15, 17:4,

17:12, 17:13, 43:13,

46:7, 47:12, 92:13,

96:17, 115:23,

115:24

perfect [1] - 65:10

perform [6] - 28:4,

87:7, 117:12, 118:4,

121:12, 121:13

performance [4] -

6:25, 12:9, 119:11,

121:6

performed [4] - 49:21,

113:25, 114:3,

116:17

performing [3] - 90:3,

90:11, 118:25

perhaps [3] - 23:16,

56:21, 60:23

period [19] - 8:3,

10:24, 11:8, 11:16,

11:17, 19:1, 19:2,

29:12, 31:3, 43:21,

47:2, 59:16, 92:5,

92:11, 93:17, 94:9,

94:10, 115:7, 115:12

periods [1] - 11:6

permanency [2] -

94:10, 94:11

permission [3] - 20:2,

20:8, 96:13

permitting [1] -

113:22

person [13] - 18:14,

18:16, 34:20, 35:9,

36:17, 56:25, 67:24,

67:25, 73:5, 96:11,

110:14, 120:15

personal [7] - 9:18,

9:21, 24:8, 28:22,

43:18, 46:7, 111:9

personalities [1] -

35:12

personally [4] - 19:15,

32:10, 49:7, 105:3

persons [1] - 109:17

perspective [2] -

46:25, 66:17

persuade [1] - 112:12

persuasion [1] -

112:10

phenomenal [1] - 67:6

phone [12] - 19:14,

19:17, 41:25, 43:25,

50:4, 53:17, 55:6,

55:7, 57:23, 72:19,

74:17, 127:23

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 140 of

146
phonebook [1] - 119:1

phones [4] - 19:16,

50:6, 89:24, 95:16

pick [2] - 11:7, 74:21

Pick [1] - 72:23

piecework [2] - 88:9,

118:6

pin [3] - 68:21, 68:22,

98:16

piss [2] - 97:21,

102:14

place [10] - 19:13,

24:19, 25:8, 25:12,

45:13, 47:18, 54:21,

57:16, 57:20, 80:21

placed [1] - 45:13

places [1] - 25:12

PLAINTIFF [1] - 94:23

Plaintiff [3] - 78:4,

113:24, 115:14

Plaintiff's [5] - 66:21,

66:22, 104:25,

105:3, 116:23

Plaintiffs [51] - 1:6,

13:19, 14:3, 14:8,

14:17, 33:16, 33:19,

33:23, 39:15, 40:1,

62:5, 66:4, 66:19,

80:5, 87:21, 101:20,

103:15, 105:8,

106:12, 112:7,

112:16, 113:5,

113:16, 113:18,

113:20, 114:17,

116:2, 116:13,

116:16, 116:17,

116:19, 117:8,

117:14, 117:16,

118:5, 118:12,

118:18, 118:22,

119:14, 120:6,

120:20, 120:23,

120:25, 121:2,

121:10, 122:4,

122:6, 122:10,

122:12, 122:23

plaintiffs [7] - 113:2,

114:14, 116:3,

116:10, 116:11,

117:2, 119:23

PLAINTIFFS[3] -

1:14, 3:3, 67:1

plaintiffs' [1] - 122:3

Plaintiffs' [9] - 3:13,

87:1, 105:4, 105:5,

107:5, 112:12,

112:25, 117:21,

122:21

Plaintiffs.... [1] - 3:21

Plaintiffs..... [1] - 3:20

plan [8] - 9:7, 9:8,

11:12, 16:20, 20:4,

20:9, 21:21, 23:1

planned [1] - 64:7

play [1] - 32:7

plays [1] - 116:24

pleading [1] - 106:23

pleasure [1] - 104:6

pled [2] - 65:18, 106:3

plug [1] - 127:17

plumber[1] - 89:7

plus [1] - 17:20

pocket [1] - 47:4

point [15] - 16:21,

27:7, 33:18, 55:15,

64:1, 77:13, 78:22,

79:19, 80:11, 83:5,

86:8, 88:7, 93:1,

93:5, 111:2

points [1] - 91:10

policies [23] - 17:1,

17:5, 17:7, 17:14,

17:20, 17:21, 17:25,

18:2, 19:8, 19:10,

19:12, 21:23, 25:13,

27:9, 47:1, 47:7,

47:8, 47:9, 53:1,

79:22, 81:9, 119:25,

122:7

policy [27] - 17:12,

17:19, 17:22, 18:7,

18:8, 18:10, 18:11,

18:12, 18:16, 18:18,

18:21, 20:11, 20:12,

21:5, 21:9, 41:4,

41:10, 47:4, 47:17,

54:22, 55:2, 81:9,

89:13, 92:13, 98:5,

100:8

Pollock [12] - 3:9,

3:10, 42:11, 62:22,

66:24, 73:17, 73:19,

73:20, 78:13, 87:17,

94:14, 104:18

POLLOCK [65] - 1:14,

4:25, 5:4, 10:15,

12:21, 12:23, 13:2,

13:8, 13:12, 13:14,

26:14, 26:19, 28:19,

30:10, 30:23, 31:8,

32:24, 36:9, 39:17,

39:22, 40:4, 41:7,

42:10, 52:7, 53:2,

53:9, 56:11, 57:1,

57:6, 61:11, 62:4,

62:13, 62:24, 64:21,

65:2, 65:5, 65:8,

65:10, 65:24, 67:2,

85:25, 94:17, 94:20,

94:22, 94:24, 95:13,

103:14, 104:5,

104:19, 107:23,

108:1, 108:6, 108:9,

125:10, 125:21,

125:24, 126:4,

126:7, 126:11,

126:18, 127:5,

127:12, 127:15,

127:19, 128:2

Pollock's [1] - 89:5

Ponce [1] - 1:23

portals [1] - 56:18

position [13] - 6:20,

7:2, 7:3, 7:12, 7:24,

8:1, 8:14, 8:15, 11:3,

11:22, 24:8, 26:25,

59:13

possible [2] - 115:4,

123:24

possibly [4] - 53:7,

69:8, 98:12, 126:11

potential [6] - 10:22,

11:3, 12:12, 29:3,

29:22, 33:9

potentially [2] - 30:8,

31:2

practicable [1] - 115:4

predetermined [3] -

88:20, 103:4, 118:15

predicate [1] - 28:19

preferred [1] - 58:18

prejudice [1] - 109:10

premium [1] - 21:13

premiums [2] - 34:24,

95:21

preparation [1] - 67:7

prepared [2] - 69:16,

123:16

preponderance [7] -

112:9, 112:11,

112:15, 112:20,

112:25, 113:17,

116:20

preprinted [1] - 96:18

present [1] - 66:5

presented [5] - 77:22,

86:3, 107:4, 109:9

press [1] - 20:15

presume [1] - 115:5

pretty [6] - 14:8,

53:12, 56:16, 58:24,

94:24

prevail [1] - 122:23

previous [2] - 8:14,

62:5

previously [1] - 8:13

price [1] - 96:16

print [1] - 108:12

private [2] - 35:13,

36:16

problem [5] - 20:20,

42:8, 72:22, 88:3,

95:5

proceed [6] - 4:3, 5:5,

5:13, 13:1, 13:11,

54:19

Proceeding...............

........................ [1] -

3:20

proceedings [16] -

4:1, 4:11, 4:18, 5:17,

24:17, 29:6, 40:11,

61:18, 62:23, 63:23,

108:19, 126:9,

127:22, 128:1,

128:6, 128:11

process [5] - 57:23,

67:10, 72:12, 73:13,

82:23

processed [1] - 55:19

procure [1] - 126:8

procured [3] - 90:2,

90:11, 118:24

produce [6] - 10:13,

15:16, 33:5, 33:9,

44:19, 59:22

produced [2] - 48:25,

112:23

producing [5] - 40:20,

41:1, 42:5, 57:12,

58:22

production [4] -

28:23, 33:10, 48:24,

58:22

professional [2] -

32:22, 36:17

professionally [1] -

24:7

professionals [5] -

75:4, 79:11, 79:12,

79:22, 89:12

profit [5] - 76:6, 85:13,

88:19, 88:22, 118:14

program [3] - 8:5,

83:15, 85:12

prolong [1] - 67:21

promised [2] - 8:16,

8:17

promptly [1] - 123:24

proof [9] - 68:10,

77:15, 80:14, 83:19,

110:17, 112:10,

112:14, 112:24

propose [1] - 64:1

proposed [7] - 62:13,

63:1, 63:19, 64:25,

65:14, 106:17,

107:12

protection [1] - 20:4

protects [3] - 20:6,

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

13

20:7

prove [19] - 68:6,

68:20, 68:22, 77:16,

78:20, 83:3, 90:9,

110:18, 112:8,

113:16, 116:13,

116:19, 117:2,

120:6, 120:7,

120:20, 120:23,

122:10

proved [2] - 95:18,

112:19

proven [2] - 78:20,

99:12

provide [6] - 7:8,

24:24, 28:5, 98:11,

126:2, 126:3

provided [7] - 74:18,

87:13, 89:21, 99:20,

103:6, 118:11,

118:18

provides [4] - 88:10,

118:7, 118:19, 126:1

public [2] - 90:2,

118:23

published [3] - 15:20,

28:9, 63:10

punctual [1] - 4:9

purpose [4] - 13:4,

78:6, 78:15, 121:15

purposes [1] - 71:15

put [27] - 5:8, 7:11,

23:1, 49:15, 52:18,

52:20, 54:5, 55:19,

63:2, 66:8, 66:9,

67:11, 67:24, 70:6,

71:19, 74:16, 76:10,

78:23, 85:21, 98:19,

105:16, 106:7,

108:2, 114:9,

119:17, 119:21,

125:10

putting [2] - 73:10,

83:9

Q

qualified [1] - 47:13

qualify [2] - 72:18,

72:23

questioning [2] -

12:18, 79:6

questions [18] - 19:17,

21:4, 22:3, 22:22,

42:22, 52:7, 55:17,

55:18, 56:4, 56:8,

73:1, 78:2, 78:14,

80:9, 93:20, 100:13,

111:4, 111:14

quick [6] - 19:11,

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 141 of

146
20:19, 42:21, 52:8,

52:12, 69:8

quicker[2] - 50:4

quiet [1] - 36:2

Quintero [10] - 43:20,

48:18, 57:9, 69:16,

97:11, 113:4, 117:3,

117:5, 117:15, 127:6

QUINTERO [1] - 1:9

quirky [1] - 77:5

quote [2] - 55:3, 70:12

quote/unquote [2] -

35:14, 38:11

quotes [1] - 70:6

R

Radius [1] - 50:13

Rafa [6] - 48:15,

97:14, 99:7, 99:14,

100:8, 101:5

Rafaela [10] - 36:19,

36:22, 69:9, 75:11,

75:14, 79:9, 84:10,

87:11, 92:4, 113:3

RAFAELA[1] - 1:4

raise [3] - 4:19, 5:18,

77:10

ramped [1] - 57:24

rarely [1] - 59:23

rate [16] - 88:20,

103:4, 114:8,

114:11, 114:12,

114:18, 114:19,

114:21, 114:24,

115:9, 115:10,

115:15, 115:18,

115:22, 115:24,

118:15

rather[1] - 117:1

Ray [1] - 32:11

re [1] - 123:6

re-examine [1] - 123:6

reach [8] - 10:22,

15:14, 27:13, 32:15,

32:20, 36:3, 110:11,

123:5

reached [3] - 17:5,

34:22, 36:3

reaching [1] - 35:15

reacted [1] - 35:11

read [4] - 40:17,

88:14, 104:17, 109:7

reading [1] - 107:4

ready [6] - 4:3, 5:9,

62:11, 65:23,

108:16, 125:8

real [4] - 52:12,

101:14, 123:10,

123:11

realities [3] - 71:18,

86:20, 117:17

reality [4] - 83:24,

88:15, 103:18,

119:22

really [17] - 9:16,

20:23, 21:14, 29:12,

29:20, 36:15, 38:21,

48:4, 69:4, 71:17,

75:21, 76:3, 82:23,

82:25, 86:23, 101:1,

102:15

reason [13] - 11:15,

11:18, 58:24, 59:2,

73:20, 73:21, 73:22,

73:24, 97:16, 111:7,

113:24, 114:3, 114:4

reasonable [8] -

68:23, 101:21,

102:5, 116:18,

116:20, 120:15,

121:13, 121:14

reasoning [1] - 110:10

rebuttal [4] - 62:2,

62:4, 66:23, 94:21

REBUTTAL[1] - 94:23

Rebuttal [1] - 3:21

rec [1] - 91:6

receive [2] - 17:14,

40:18

received [2] - 12:16,

112:22

recess [7] - 61:23,

62:12, 63:25, 65:12,

108:14, 128:2, 128:4

recollection [2] - 86:2,

110:8

record [1] - 82:13

recordkeeping [1] -

82:10

Records [1] - 116:6

records [11] - 82:13,

84:18, 99:25,

101:15, 101:17,

116:7, 116:9,

116:11, 116:13,

116:16

recover[7] - 101:2,

101:21, 115:17,

116:3, 116:18,

116:19, 120:22

recovery[1] - 106:19

recross [1] - 53:10

Recross [1] - 3:10

RECROSS [1] - 57:5

red [1] - 62:21

REDIRECT [1] - 52:10

Redirect [1] - 3:10

refer[1] - 70:3

reference [2] - 64:23,

127:6

referrals [1] - 27:13

regard [1] - 46:6

regarding [3] - 28:1,

36:8, 82:15

regardless [4] -

112:21, 112:22,

114:21, 114:24

regular[11] - 114:8,

114:12, 114:18,

114:19, 114:21,

115:9, 115:10,

115:15, 115:18,

115:22, 115:24

regularity [1] - 114:25

rehash [2] - 78:4, 78:7

REINIER [1] - 1:8

Reinier[36] - 7:15,

14:21, 16:1, 26:10,

26:17, 26:22, 27:3,

27:4, 27:8, 27:15,

32:17, 35:8, 38:24,

39:11, 39:16, 40:3,

55:12, 55:14, 64:8,

77:17, 77:20, 77:24,

77:25, 78:9, 79:20,

83:2, 85:12, 86:10,

89:17, 90:5, 93:20,

97:10, 99:8, 113:4,

117:3, 117:15

reiterate [2] - 62:16,

90:18

relate [1] - 106:15

related [4] - 104:23,

105:1, 105:2, 105:6

relation [1] - 103:18

relationship [13] -

7:23, 86:20, 103:18,

103:19, 117:18,

117:22, 119:6,

119:9, 119:18,

119:19, 119:21,

119:22, 122:1

relationships [1] -

94:7

release [1] - 125:14

released [1] - 128:5

relevant[4] - 114:1,

114:4, 117:1, 119:18

relief [1] - 104:22

rely [2] - 86:2, 124:11

remain [2] - 41:5,

124:6

remaining [1] - 117:12

remains [1] - 66:4

remember[12] -

16:11, 17:8, 37:2,

37:3, 37:4, 73:8,

91:10, 100:19,

101:6, 112:1,

123:10, 124:9

remembers [1] -

111:25

remote [2] - 76:15,

76:19

render[1] - 66:7

renew [1] - 62:5

reopen [1] - 108:1

repeat [1] - 77:11

repercussions [1] -

10:6

rephrase [1] - 15:5

replete [1] - 65:19

report [2] - 38:21,

71:16

REPORTED [1] - 2:2

reported [1] - 107:9

REPORTER [4] - 6:16,

40:12, 40:15, 95:12

Reporter[2] - 2:2,

128:15

Reporter's [1] - 3:22

requested [2] - 80:24,

126:23

require [3] - 11:24,

19:24, 42:3

required [10] - 9:24,

19:22, 113:5,

113:21, 116:8,

120:9, 121:3, 121:5,

121:9, 122:18

requirement [3] -

33:7, 121:12, 121:13

requirements [8] -

23:4, 28:2, 42:4,

42:6, 66:18, 113:7,

113:9, 113:13

requires [5] - 101:16,

101:17, 114:7,

116:6, 119:21

residuals [1] - 27:13

resonates [1] - 103:12

resource [1] - 51:17

resources [1] - 8:2

respect [2] - 38:7,

104:24

respond [3] - 27:4,

123:24, 124:2

responds [1] - 67:25

response [2] - 106:8,

124:3

responsibilities [5] -

6:22, 7:7, 22:19,

22:20, 41:10

responsibility [4] -

86:7, 86:11, 112:7,

117:7

responsible [1] -

109:20

rest [2] - 10:4, 61:21

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

14

rested [1] - 66:4

resting [1] - 64:8

restrictions [1] - 53:16

restroom [1] - 63:8

rests [1] - 61:19

result [1] - 105:9

resulted [1] - 120:3

retained [1] - 122:15

retention [1] - 41:14

retirement[2] - 88:10,

118:8

return [4] - 15:4,

66:23, 123:19,

125:14

reviews [1] - 6:25

revised [2] - 62:21,

65:15

revisions [2] - 64:3,

64:5

reward [1] - 104:2

ride [1] - 87:17

rights [3] - 113:7,

113:9, 113:12

rigid [1] - 23:25

ring [1] - 35:5

rise [6] - 4:2, 61:24,

65:11, 65:13,

108:15, 125:17

risk [7] - 88:19, 88:20,

103:3, 118:12,

118:14, 118:16

role [1] - 116:24

room [11] - 14:3, 14:5,

64:17, 68:14,

104:10, 109:5,

123:13, 123:17,

124:6, 124:10, 128:5

route [1] - 56:23

RPR [2] - 2:2, 128:15

rule [1] - 19:22

run [4] - 41:3, 42:22,

55:3, 71:25

running [2] - 42:19,

57:24

résumé [1] - 7:11

S

sacrifice [4] - 67:7,

76:2, 76:3

sacrificed [1] - 104:2

sacrifices [2] - 67:12,

75:21

sailboat [3] - 98:22,

99:1, 99:3

salary [6] - 38:3, 52:1,

52:4, 81:7, 114:23

sale [8] - 56:16, 72:11,

72:14, 72:15, 72:19,

73:4, 73:6, 96:17

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 142 of

146
sales [20] - 7:5, 7:7,

7:8, 8:18, 10:25,

11:3, 11:6, 11:23,

12:1, 20:19, 30:1,

35:19, 46:18, 46:20,

56:16, 72:25, 79:23,

88:5, 101:7

salesmen [2] - 102:22

salespeople [1] -

102:23

saleswomen [1] -

102:22

San [1] - 1:16

SANTIAGO[1] - 1:22

Santiago [1] - 1:23

SAS [1] - 61:2

sat [2] - 74:15, 75:6

save [6] - 68:1, 71:24,

74:6, 95:21, 95:22,

95:24

saw [7] - 66:17, 67:23,

68:12, 85:8, 93:10,

100:15, 127:5

sc@cuetolawgroup.

com [1] - 1:25

scale [4] - 49:18,

71:19, 71:20, 98:20

scales [1] - 68:25

schedule [9] - 26:23,

28:1, 28:11, 30:7,

45:13, 45:24, 46:6,

46:7, 48:20

scheduled [1] - 29:24

schedules [7] - 28:7,

28:18, 31:6, 31:11,

84:25, 85:1, 85:8

scheme [1] - 106:8

school [6] - 32:8,

58:1, 58:3, 58:4,

58:6, 75:3

scope [3] - 53:2, 53:9,

109:22

scribble [1] - 124:25

se [1] - 46:7

season [1] - 11:20

seat [4] - 44:22, 44:25,

45:7

seated [6] - 4:10, 4:24,

5:24, 62:1, 66:2,

108:21

second [3] - 30:14,

99:24, 113:20

secret [1] - 122:25

section [2] - 82:9,

82:11

sections [1] - 82:15

SECURITY[4] - 61:24,

65:11, 65:13, 125:17

security [7] - 74:8,

88:21, 95:20,

108:22, 118:16,

123:23

see [16] - 17:6, 17:12,

31:23, 53:1, 63:1,

71:7, 82:16, 88:14,

88:18, 91:8, 91:17,

99:1, 109:2, 124:18,

127:5, 127:10

seeing [2] - 19:15,

21:15

seek [2] - 116:21,

123:11

seeking [1] - 104:22

seeks [1] - 104:23

seem [1] - 111:11

selected [1] - 21:7

self [3] - 84:15, 107:9,

117:12

self-employed [2] -

84:15, 117:12

self-reported [1] -

107:9

sell [21] - 12:1, 17:24,

18:21, 18:24, 21:23,

22:11, 27:9, 35:2,

49:9, 60:17, 74:18,

81:9, 81:10, 92:18,

96:4, 96:5, 96:14,

102:23

selling [16] - 22:5,

24:12, 25:6, 27:19,

36:1, 47:1, 47:17,

49:17, 72:2, 74:24,

75:8, 75:12, 79:6,

79:9, 92:24, 122:7

semimonthly [1] -

115:2

send [3] - 20:14, 80:6,

127:2

sending [2] - 61:3,

97:13

sends [1] - 87:16

senior[1] - 6:24

sense [6] - 49:13,

76:11, 76:14, 90:8,

104:20, 110:11

sent [19] - 39:10, 40:8,

43:24, 62:14, 62:20,

62:22, 64:6, 84:12,

91:14, 91:15, 91:17,

91:18, 91:19, 91:20,

92:2, 93:22, 97:15,

127:7, 127:21

sentence [2] - 40:22,

88:16

sentences [1] - 105:19

separate [1] - 125:3

separately [1] -

112:18

series [2] - 100:10,

119:24

service [5] - 55:2,

56:10, 56:14, 67:18,

87:20

services [12] - 24:24,

27:10, 28:5, 90:1,

90:3, 90:12, 103:8,

103:10, 117:12,

118:22, 118:23,

118:25

set [16] - 12:8, 22:22,

24:2, 30:5, 32:6,

84:13, 85:12, 86:8,

87:2, 87:3, 88:12,

102:21, 109:2,

117:23, 117:24,

118:10

sets [1] - 124:23

seven [3] - 57:15,

58:3, 93:23

seven-year-old [1] -

57:15

several [1] - 124:16

shall [1] - 115:5

share [3] - 20:2,

124:10, 126:8

shared [1] - 124:6

sheet [5] - 17:16,

17:17, 98:19,

100:10, 100:11

sheets [1] - 90:7

Shield [1] - 60:18

shift [4] - 31:16,

31:21, 32:12, 59:13

shorter[1] - 69:13

show [21] - 28:6,

29:15, 30:6, 32:3,

32:14, 32:16, 44:8,

59:11, 59:13, 78:5,

78:21, 80:15, 83:3,

98:8, 98:13, 99:21,

99:24, 102:11,

105:2, 124:16

showed [7] - 29:18,

43:11, 68:4, 70:16,

85:3, 97:9, 98:7

showing [3] - 63:19,

64:2, 84:18

sick [2] - 88:10, 118:7

side [12] - 22:9, 25:7,

27:14, 37:20, 38:14,

49:10, 49:16, 49:17,

75:10, 94:25, 96:21,

98:19

side's [1] - 66:17

sign [17] - 7:18, 19:8,

19:19, 20:10, 41:4,

41:5, 41:19, 54:21,

54:22, 55:2, 55:23,

71:14, 71:16, 87:9,

101:8, 123:19

signature [2] - 20:11,

20:13

signed [9] - 20:16,

32:12, 34:20, 41:10,

41:11, 41:19, 41:24,

83:14, 85:22

significance [1] -

112:4

significant [1] - 117:5

signing [2] - 25:13,

52:12

similar[4] - 8:14,

16:9, 16:16, 87:15

simple [8] - 20:14,

57:25, 70:9, 70:11,

73:24, 82:7, 82:23,

111:24

simplified [2] - 25:22,

25:23

simply [2] - 112:11,

123:9

single [5] - 18:14,

73:5, 93:12, 109:13,

119:9

sister[1] - 72:13

sit [2] - 48:9, 81:6

sitting [5] - 54:20,

54:21, 64:11, 73:14,

101:22

situation [4] - 39:14,

60:25, 98:22, 99:2

sixth [1] - 90:15

size [1] - 18:19

skills [13] - 11:24,

46:17, 74:22, 74:23,

74:24, 74:25, 75:1,

75:2, 87:7, 97:3,

97:4, 118:4

skip [3] - 100:5,

100:25, 124:20

slightly [1] - 68:25

slow [3] - 29:12,

29:13, 53:23

slowed [1] - 53:20

slower [1] - 77:11

small [2] - 14:2, 14:5

smarter[1] - 26:2

social [4] - 74:8,

88:21, 95:20, 118:16

software [2] - 56:18,

74:12

sold [5] - 18:2, 47:8,

79:22, 83:7, 119:25

sole [1] - 114:22

someone [8] - 18:14,

27:13, 28:25, 44:20,

45:4, 45:17, 117:10

sometimes [12] - 19:6,

20:17, 24:22, 24:23,

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

15

35:21, 45:17, 50:23,

70:3, 77:4, 109:6,

112:9, 125:1

somewhere [1] -

23:19

son [1] - 57:15

soon [1] - 125:12

sorry [29] - 4:15, 6:16,

9:6, 12:22, 15:5,

23:10, 42:19, 44:10,

44:24, 48:13, 51:14,

54:13, 54:15, 54:19,

58:2, 58:15, 59:12,

60:9, 61:20, 63:1,

63:11, 64:4, 76:24,

94:19, 105:13,

107:1, 107:25, 108:5

sort [2] - 20:1, 124:24

source [3] - 49:5,

49:6, 114:22

SOUTHERN [1] - 1:1

space [9] - 15:15,

33:11, 33:16, 44:12,

57:17, 58:23, 59:25,

60:23, 74:12

special [9] - 11:16,

11:17, 12:8, 29:11,

31:3, 87:7, 97:4,

98:11, 118:4

specialized [1] - 75:1

specialty [2] - 25:17,

51:22

specific [2] - 8:11,

121:11

speeding [2] - 51:5,

51:6

spell [1] - 5:25

spending [2] - 52:3,

74:11

spent [2] - 76:9, 77:24

split [1] - 31:13

spoken [1] - 121:19

spot [1] - 20:24

spreadsheet[1] -

52:19

spreadsheets [4] -

97:15, 98:3, 100:15,

100:16

sprung [1] - 101:23

stand [8] - 4:17,

41:17, 67:24, 69:24,

69:25, 70:17, 75:2,

109:17

Standard [1] - 61:3

standard [2] - 70:23,

78:20

Standards [2] - 71:5,

113:6

Starbucks [1] - 24:22

start [3] - 13:21,

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 143 of

146
14:16, 77:3

started [14] - 7:2,

14:11, 14:21, 16:4,

22:9, 25:1, 25:5,

52:15, 58:7, 72:10,

75:7, 99:16, 99:17

state [3] - 5:24,

121:11, 122:6

statement [1] - 96:18

statements [3] -

66:12, 97:13, 109:21

States [1] - 128:15

STATES[2] - 1:1, 1:12

status [4] - 106:13,

107:6, 119:13,

119:17

stayed [1] - 59:23

stays [1] - 79:2

Ste [2] - 1:16, 1:23

step [2] - 5:16, 9:21

STEPHANIE[2] - 2:2,

128:15

Stephanie_McCarn

@flsd.uscourts.

gov [1] - 2:5

stepped [1] - 4:5

sticking [1] - 54:9

still [11] - 16:4, 25:6,

38:8, 39:4, 46:4,

59:20, 59:23, 62:25,

76:18, 126:13

stood [1] - 9:2

stop [1] - 94:13

straight [1] - 38:3

strategic [1] - 77:18

strategy [2] - 21:25,

22:1

street [1] - 87:12

strictly [1] - 8:12

structure [1] - 49:12

stuck [2] - 54:15,

85:14

studied [1] - 72:9

study [1] - 23:3

stuff [8] - 35:2, 50:1,

74:7, 74:10, 78:9,

80:22, 101:12, 103:6

subject [1] - 121:15

submission [1] -

65:22

submitted [1] - 104:15

subscription [2] -

57:21, 57:22

subsidized [1] - 72:18

subsidy [1] - 47:13

substance [3] - 90:17,

103:11, 119:6

substantial [1] -

116:24

substantially [1] -

121:2

subtracting [1] -

115:20

succeed [1] - 113:15

sudden [1] - 80:22

suffered [1] - 89:3

suggest [1] - 111:3

suing [1] - 95:6

suit [1] - 77:16

summaries [2] -

108:2, 108:5

super[1] - 57:7

supervised [2] -

96:12, 113:11

supervising [1] -

102:6

supervision [1] -

117:8

supplemental [1] -

75:12

supplies [3] - 103:7,

118:19, 118:20

support [1] - 96:4

supposed [6] - 29:15,

30:3, 30:6, 32:6,

83:23, 86:21

surrounding [1] -

119:8

sustained [12] - 10:16,

26:15, 26:20, 30:12,

30:24, 31:9, 32:25,

36:10, 39:18, 41:8,

56:12, 57:3

switch [4] - 12:23,

38:1, 84:5, 102:1

switching [1] - 13:2

sympathy[1] - 109:10

system [10] - 17:2,

29:2, 52:25, 55:4,

55:13, 55:14, 55:19,

56:23, 85:12, 88:1

T

table [1] - 64:25

tag [1] - 12:21

task [1] - 118:11

taught [1] - 70:12

tax [5] - 11:20, 38:16,

71:15, 84:18, 93:22

taxes [13] - 18:16,

38:21, 74:8, 76:10,

84:2, 84:8, 84:16,

84:17, 86:6, 86:13,

88:21, 95:20, 118:16

team [3] - 16:8, 44:17,

61:4

teaming [1] - 12:21

technical [1] - 117:2

technically [1] - 84:14

technique [1] - 22:3

technology [2] -

56:15, 77:6

telephone [1] - 89:23

ten [6] - 62:11, 63:24,

64:10, 77:21,

107:20, 108:10

ten-minute [2] - 62:11,

63:24

tend [3] - 75:15,

110:18, 112:1

tends [1] - 56:16

terms [6] - 8:17,

15:10, 71:3, 120:8,

120:12, 120:14

test [3] - 75:18, 75:19,

83:24

testified [9] - 4:22,

5:22, 71:12, 71:13,

73:7, 94:8, 97:3,

111:13, 111:19

testify [2] - 71:19,

77:17

testifying [3] - 75:11,

83:9, 111:1

testimony [14] - 68:18,

69:11, 69:14, 73:11,

86:3, 110:1, 110:14,

110:24, 111:16,

111:17, 111:22,

112:20, 124:12,

124:14

tests [1] - 88:15

Texas [2] - 60:13,

60:17

text [2] - 20:14, 93:22

thankfully [1] - 56:15

Thanksgiving [1] -

75:23

THE [146] - 1:12, 1:14,

1:19, 3:3, 3:6, 4:2,

4:3, 4:6, 4:8, 4:14,

4:16, 4:19, 4:23,

4:24, 5:3, 5:5, 5:8,

5:12, 5:15, 5:18,

5:23, 5:24, 6:1, 6:2,

6:3, 6:5, 6:16, 6:18,

10:16, 12:22, 12:25,

13:6, 13:10, 24:14,

26:15, 26:20, 28:20,

28:21, 29:7, 30:11,

30:12, 30:13, 30:14,

30:24, 31:9, 32:25,

36:10, 39:18, 39:23,

39:24, 40:5, 40:6,

40:12, 40:15, 41:8,

52:9, 53:3, 53:4,

53:10, 53:11, 56:12,

57:2, 57:3, 61:12,

61:13, 61:15, 61:17,

61:20, 61:22, 62:1,

62:7, 62:10, 63:1,

63:6, 63:9, 63:11,

63:15, 63:17, 63:19,

63:22, 63:24, 64:4,

64:11, 64:14, 64:16,

64:20, 64:23, 65:4,

65:7, 65:9, 65:14,

65:25, 66:2, 67:1,

76:22, 76:24, 77:2,

77:9, 86:2, 94:19,

94:21, 94:23, 95:12,

103:13, 104:4,

104:8, 104:15,

104:20, 105:13,

105:20, 106:3,

106:11, 106:17,

106:23, 107:1,

107:3, 107:11,

107:15, 107:19,

107:25, 108:5,

108:8, 108:10,

108:15, 108:16,

108:17, 108:18,

108:21, 108:25,

125:11, 125:19,

125:22, 126:1,

126:6, 126:10,

126:15, 126:17,

126:20, 127:1,

127:3, 127:9,

127:14, 127:18,

127:20, 127:23,

128:3

theirs [1] - 77:23

theme [1] - 22:13

themselves [21] -

18:15, 31:7, 85:1,

85:10, 85:22, 86:4,

86:7, 86:13, 87:21,

87:24, 89:2, 89:12,

90:17, 90:19, 91:4,

95:25, 96:10, 98:12,

103:17, 119:5,

119:16

theories [1] - 100:6

theory [1] - 65:17

they've [1] - 64:17

thinking [1] - 80:1

third [1] - 106:11

Thirteenth [2] - 2:3,

128:16

thoughts [1] - 120:19

three [15] - 4:13,

18:17, 63:13, 74:19,

75:13, 77:21, 77:24,

78:5, 78:8, 92:18,

94:10, 100:23,

120:12, 121:5,

122:15

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

16

three-month [1] -

94:10

throughout [3] -

10:25, 20:25, 99:15

thumb [2] - 126:17,

126:18

tier[5] - 17:2, 18:21,

18:22, 36:1

tiers [1] - 21:7

time-and-a-half [2] -

114:13, 114:16

tip [1] - 49:18

tipping [1] - 68:25

today [13] - 42:22,

68:18, 70:4, 76:7,

76:13, 78:4, 78:23,

79:10, 83:2, 84:19,

90:5, 93:20, 125:15

together[5] - 16:7,

23:1, 43:9, 66:7,

83:9

tomorrow [3] - 44:3,

76:13, 125:15

took [16] - 40:9, 69:9,

72:25, 73:4, 73:5,

75:6, 75:13, 80:8,

86:5, 86:7, 99:20,

105:12, 105:14,

107:18, 124:8,

124:11

tool [6] - 55:23, 56:10,

56:22, 89:14, 89:25

tools [10] - 25:8,

56:14, 89:7, 89:15,

103:7, 118:18,

118:20

top [2] - 40:13, 80:4

total [7] - 52:19,

52:20, 93:23,

115:11, 115:16,

115:20, 124:17

totality [1] - 86:22

totally [2] - 70:10,

70:13

Toussaint [1] - 69:7

TOUSSAINT[1] - 1:15

toussaint@

fairlawattorney.

com [1] - 1:18

towards [1] - 41:11

towers [1] - 89:20

town [1] - 69:20

track [5] - 52:13,

52:24, 53:7, 53:13,

54:2

traffic [5] - 50:24,

50:25, 51:4, 51:6,

51:9

train [1] - 6:25

trained [2] - 72:7, 75:4

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 144 of

146
training [4] - 51:13,

51:15, 51:17, 74:1

transaction [1] - 41:22

transcription [1] -

128:11

transfers [1] - 72:20

transition [1] - 38:6

transitioning [1] -

39:2

transportation [1] -

87:19

tremendous [1] - 99:5

TRIAL [1] - 1:11

trial [14] - 13:5, 67:2,

67:5, 67:10, 68:5,

68:6, 68:9, 68:10,

68:11, 69:23,

101:23, 110:6,

111:23, 126:7

tried [2] - 62:21, 77:25

Tripp [1] - 1:19

Tropp [15] - 3:9, 3:10,

4:4, 13:9, 13:11,

24:14, 43:11, 70:5,

70:16, 73:1, 76:7,

76:25, 95:1, 99:23,

101:10

TROPP [52] - 1:19,

12:19, 13:13, 13:16,

15:21, 24:16, 24:18,

26:16, 26:21, 28:10,

29:4, 29:9, 30:15,

30:25, 31:10, 33:1,

36:11, 39:19, 39:25,

40:7, 40:14, 40:16,

41:9, 52:8, 52:11,

53:5, 53:15, 56:13,

57:4, 61:19, 61:21,

62:9, 62:20, 63:14,

63:16, 63:18, 63:21,

64:3, 64:5, 64:13,

64:15, 64:19, 76:23,

77:1, 77:3, 77:10,

86:4, 105:16, 106:6,

107:24, 127:8,

127:21

true [8] - 67:17, 79:1,

85:23, 91:2, 110:22,

112:13, 114:21

trust [2] - 41:16, 78:24

truth [25] - 69:2, 69:3,

69:17, 69:24, 69:25,

70:1, 70:2, 70:6,

70:8, 70:10, 70:11,

73:14, 73:24, 73:25,

78:25, 79:2, 80:4,

91:1, 91:25, 111:6,

111:8, 111:25,

123:11

truthfully [1] - 78:2

try [8] - 15:16, 42:21,

75:2, 79:14, 83:22,

87:11, 95:14, 123:4

trying [5] - 15:18,

37:6, 80:9, 82:7,

94:7

TV [1] - 58:20

twice [2] - 67:21,

101:2

Two [1] - 120:10

two [26] - 6:15, 6:18,

13:22, 23:16, 31:16,

43:1, 43:12, 43:24,

44:4, 52:18, 54:15,

55:21, 56:2, 58:4,

58:6, 67:22, 72:9,

75:6, 77:24, 79:16,

100:6, 105:18,

116:4, 121:2,

122:14, 124:23

two-page [1] - 43:12

type [4] - 25:20, 87:7,

97:4, 124:5

typically [4] - 44:6,

47:11, 48:21, 50:15

typographical [1] -

65:19

U

U.S [5] - 91:14, 91:15,

91:18, 113:12, 126:1

Uber[4] - 87:16,

87:19, 87:22

ultimate [1] - 90:9

ultimately [5] - 10:22,

34:23, 35:1, 90:15,

93:14

um-hmm [12] - 14:1,

15:13, 16:5, 16:13,

18:23, 19:5, 28:8,

29:17, 30:4, 31:15,

39:6, 51:1

umm [1] - 127:14

unable [1] - 78:5

unanimous [1] -

122:24

unclean [15] - 62:14,

63:12, 65:15, 65:17,

104:16, 104:21,

104:24, 105:8,

105:17, 105:25,

106:5, 106:12,

106:19, 107:3, 107:5

unconscionable [1] -

104:22

under [16] - 26:2,

43:15, 71:5, 86:25,

96:20, 100:6,

106:19, 109:20,

113:15, 113:23,

116:23, 119:13,

120:15, 121:22

underlining [1] -

35:20

understood [1] -

20:21

unimportant [1] -

112:6

United [1] - 128:15

UNITED [2] - 1:1, 1:12

unjust [8] - 63:16,

63:17, 100:25,

105:5, 105:9,

105:22, 106:15,

106:20

unjustly [1] - 122:9

unless [1] - 62:18

unpaid [2] - 36:23,

114:14

unspoken [1] - 120:19

untrue [2] - 92:3,

92:19

up [97] - 11:7, 12:8,

19:9, 19:19, 20:10,

20:15, 20:17, 20:23,

25:13, 27:3, 29:1,

29:15, 29:18, 30:6,

32:3, 32:12, 32:14,

32:16, 34:20, 41:4,

41:5, 41:11, 41:19,

41:24, 42:25, 44:8,

50:24, 52:8, 52:12,

52:23, 54:21, 54:22,

55:2, 55:24, 57:19,

59:11, 59:13, 62:22,

63:2, 64:6, 69:19,

69:21, 72:5, 74:21,

75:2, 75:23, 75:24,

77:20, 78:3, 78:7,

79:20, 80:1, 80:2,

80:8, 80:12, 80:21,

80:23, 81:15, 81:18,

81:22, 83:8, 83:11,

83:14, 83:20, 83:25,

84:13, 85:1, 85:3,

85:4, 85:12, 86:8,

87:9, 88:24, 90:5,

90:8, 90:24, 91:6,

91:7, 92:13, 93:20,

94:25, 95:1, 99:3,

101:12, 101:13,

102:11, 105:12,

106:9, 107:21,

108:11, 123:7

USB [3] - 127:12,

127:17, 127:20

user[1] - 126:12

utilize [1] - 64:22

V

vacation [3] - 43:19,

88:10, 118:7

valid [2] - 120:5,

121:20

VALIENTE[1] - 1:5

Valiente [2] - 63:4,

113:3

value [2] - 11:6,

120:11

verdict [14] - 62:6,

66:7, 101:8, 116:4,

122:24, 123:1,

123:16, 123:17,

123:18, 124:15,

125:2, 126:22,

126:24, 127:4

versa [1] - 31:21

version [1] - 104:16

versus [1] - 102:8

via [1] - 24:23

vice [1] - 31:21

violation [1] - 116:25

visual [2] - 95:16,

95:17

voice [1] - 97:3

voted [1] - 124:4

vs [1] - 1:7

W

W-2 [9] - 23:23, 26:25,

37:24, 38:22, 54:16,

59:12, 71:3, 84:3

W-4 [1] - 71:14

W-9 [2] - 71:13, 71:14

wage [5] - 79:23,

85:15, 89:19, 94:4,

115:17

wages [8] - 80:7, 82:9,

82:15, 95:18,

100:23, 103:24,

108:3, 114:14

wait [2] - 30:16, 33:14

waiting [3] - 4:4,

64:12, 64:16

waived [2] - 113:8,

113:10

walk [3] - 49:22,

49:24, 81:3

walking [1] - 74:15

wanna [1] - 27:1

wants [1] - 62:18

warehouse [1] - 92:6

waste [1] - 12:6

watch [2] - 53:23

water[1] - 98:21

ways [3] - 53:7, 55:21,

67:22

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

17

week [15] - 24:24,

31:18, 44:4, 48:11,

84:19, 115:7, 115:9,

115:11, 115:14,

115:16, 115:20,

115:21, 115:23,

115:24

weekend [1] - 75:14

weekends [1] - 59:24

weekly [1] - 115:2

weeks [5] - 72:9, 75:7,

75:13, 92:20, 115:13

weigh [1] - 68:16

weight [2] - 110:19,

124:13

welcome [2] - 4:9,

40:15

whatever's [1] -

126:12

whatsoever[1] -

37:10

whereas [1] - 54:18

wherein [1] - 87:4

who'd [1] - 73:3

whole [22] - 49:4,

57:22, 64:7, 73:13,

78:21, 79:19, 82:11,

82:23, 85:11, 85:17,

88:3, 90:6, 92:10,

92:11, 92:12, 92:16,

93:16, 109:13, 111:1

wife [4] - 70:12, 77:17,

85:12, 96:6

willing [1] - 21:19

win [3] - 68:7, 98:19,

99:4

wind [3] - 98:23,

98:24, 98:25

wise [1] - 14:4

wish [4] - 83:25, 84:7,

90:18, 123:21

withdraw [2] - 13:8,

57:4

withdrawn [1] - 13:10

withholding [1] - 74:9

witness [25] - 4:14,

4:16, 4:17, 4:22, 5:1,

5:8, 5:9, 5:12, 5:22,

61:17, 77:23,

110:24, 110:25,

111:3, 111:5, 111:7,

111:9, 111:11,

111:12, 111:14,

111:19, 111:21,

111:22, 111:25,

112:2

Witness [1] - 61:16

WITNESS [16] - 4:23,

5:23, 6:1, 6:3, 6:18,

28:21, 29:7, 30:11,

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 145 of

146
30:13, 39:24, 40:6,

53:4, 53:11, 57:2,

61:12, 61:15

witness's [1] - 111:16

WITNESSES[3] - 3:2,

3:3, 3:6

witnesses [6] - 66:13,

108:4, 110:1, 111:1,

112:21, 124:9

Wizard [1] - 98:1

wizard [1] - 98:5

word [2] - 67:25, 68:1

words [13] - 10:2,

46:23, 73:10, 95:7,

95:8, 102:21,

103:11, 105:21,

117:4, 120:16,

121:19, 121:20,

122:24

worker's [1] - 119:11

workers [1] - 75:16

workload [1] - 24:6

workplace [2] - 9:25,

10:1

works [3] - 31:17,

114:5, 114:10

worksheets [2] -

108:2, 108:6

workstation [1] -

74:16

workweek [3] - 114:9,

114:10, 115:5

wrestling [2] - 68:21,

98:16

write [7] - 63:18,

80:19, 80:20, 92:1,

123:22, 124:24,

125:5

writing [2] - 27:10,

123:25

written [5] - 65:17,

120:3, 120:4, 120:5,

121:19

wrongdoing [4] -

104:25, 105:8,

105:21

wrongdoings [1] -

105:6

wrongful [1] - 105:3

wrote [3] - 46:18,

70:6, 91:14

Y

year[16] - 10:25,

11:13, 16:9, 16:10,

23:16, 38:2, 47:17,

47:18, 47:21, 49:16,

57:15, 58:3, 67:15,

80:18, 99:15, 103:5

July 13, 2023

Delio Batista, et al., v. Avant Assurance, Inc., 22-cv-22671-CMA

18

Year's [1] - 75:24

years [10] - 6:15, 6:17,

6:18, 13:22, 23:13,

23:16, 43:2, 58:5,

58:6, 116:5

yesterday[5] - 42:16,

63:12, 65:2, 80:23,

83:19

yourself[8] - 51:21,

56:8, 56:10, 102:10,

111:4, 111:18,

120:14, 123:2

Z

zero [3] - 21:16, 47:14,

47:21

zoom [2] - 40:12,

40:14

Zoom [1] - 24:23

Case 1:22-cv-22671-CMA Document 123-4 Entered on FLSD Docket 09/21/2023 Page 146 of

146