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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 14, 2023

2:20 p.m. to 2:31 p.m.

Courtroom 13-3

(Pages 1 to 10)

JURY TRIAL - DAY 5

BEFORE THE HONORABLE CECILIA M. ALTONAGA,

CHIEF UNITED STATES DISTRICT JUDGE

APPEARANCES:

FOR THE PLAINTIFFS: TOUSSAINT CUMMINGS, ESQ.

BRIAN POLLOCK, ESQ.

FairLaw Firm

135 San Lorenzo Avenue, Suite 770

Coral Gables, FL 33146-1878

(305) 230-4884

Toussaint@fairlawattorney.com

Brian@fairlawattorney.com

FOR THE DEFENDANTS: SANTIAGO CUETO, ESQ.

Santiago A. Cueto

2100 Ponce De Leon Boulevard, Suite

1250

Coral Gables, FL 33134-5267

(305) 777-0377

Sc@cuetolawgroup.com

DANIEL TROPP, ESQ.

Law Offices of Daniel E. Tripp, Esquire

5750 Collins Avenue, Apartment 4A

Miami Beach, FL 33140-2316

(305) 814-2035

Dantropp@bellsouth.net

Case 1:22-cv-22671-CMA Document 123-5 Entered on FLSD Docket 09/21/2023 Page 1 of 10
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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

--

EXHIBITS

EXHIBITS IN EVIDENCE IDENTIFIED ADMITTED

-- --

MISCELLANEOUS

Page

Proceedings....................................... 4

Verdict........................................... 4

Court Reporter's Certificate...................... 10

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Verdict

July 14, 2023

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

4

(The following proceedings were held at 2:20 p.m.)

COURT SECURITY OFFICER: All rise.

THE COURT: You may be seated. We're just waiting on

the Defendants.

(Pause in proceedings.)

THE COURT: Nice to see everyone.

The jury has reached a verdict. Any questions before

I bring the jury out?

ALL PARTIES: No, Your Honor.

THE COURT: All right. Let's bring the jury out.

COURT SECURITY OFFICER: All rise for the jury,

please.

(The jury entered the courtroom at 2:21 p.m.)

THE COURT: Good afternoon, ladies and gentlemen.

Nice to see you again.

Everyone, please be seated.

It's my understanding that the jury has reached a

verdict. I would ask the foreperson to hand the courtroom

deputy the verdict form, please.

(Pause in proceedings.)

THE COURT: There are no errors or omissions in the

filling out of the verdict form. I will publish the verdict at

this time.

VERDICT

THE COURT: In Batista vs. Avant Assurance, Inc., do

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Verdict

July 14, 2023

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

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you find from a preponderance of the evidence as to Delio

Batista, No. 1, that Delio Batista was an employee under FLSA?

Answer: No as to Avant, no as to Reinier Cortes and no as to

Andrea Gonzalez Quintero.

No. 3, that Defendant Avant Assurance, Inc., failed to

pay Delio Batista bonuses and/or commissions in breach of the

parties contract. Answer: Yes. If yes, in what amount?

$54,511.

As to Carlos Lopez, No. 5, that Carlos Lopez was an

employee under the FLSA as to Avant, no; Reinier Cortes, no;

Andrea Gonzalez Quintero, no.

No. 7, that Avant Assurance, Inc., failed to pay

Carlos Lopez bonuses and/or commissions in breach of the

parties' contract. Answer: Yes. If yes, in what amount?

$38,957.

Mariana Lopez, No. 9, that Mariana Lopez was an

employee under the FLSA of Avant Assurance, no; Reinier Cortes,

no; Andrea Gonzalez Quintero, no.

No. 11, that Avant Assurance, Inc., failed to pay

Mariana Lopez in bonuses and/or commissions in breach of the

parties' contract. Answer: Yes. If yes, in what amount?

$15,576.

Rafaela Valiente, No. 13, that Rafaela Valiente was an

employee under the FLSA of Avant Assurance, no; Reinier Cortes,

no; Andrea Gonzalez Quintero, no.

Case 1:22-cv-22671-CMA Document 123-5 Entered on FLSD Docket 09/21/2023 Page 5 of 10
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Verdict

July 14, 2023

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

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No. 15, that Avant Assurance, Inc., failed to pay

Rafaela Valiente bonuses and/or commissions in breach of the

parties' contract. Answer: Yes. If yes, in what amount?

$68,120.

So say we all, signed and dated by the jury

foreperson.

I'll ask counsel for the parties to come up and review

the jury questionnaire interrogatories and let me know if there

are any issues that you see.

Warren.

THE COURTROOM DEPUTY: Yes, Judge.

(Pause in proceedings.)

MR. POLLOCK: If I could just have one second.

(Pause in proceedings.)

MR. POLLOCK: Okay. Just wanted to make sure. I see

no errors.

THE COURT: Thank you. Thank you.

Ladies and gentlemen, I wish to thank you for -- I'm

sorry.

Do counsel for either the Plaintiffs or the Defendants

desire the jury to be polled?

MR. POLLOCK: Yes, Your Honor.

THE COURT: All right.

Ladies and gentlemen, at this time, the courtroom

deputy will ask each of you individually whether or not this is

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Verdict

July 14, 2023

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

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your verdict. Please answer out loud.

THE COURTROOM DEPUTY: Juror Pauline Reid, is this

your true and correct verdict?

JUROR NO. 2: Yes.

THE COURTROOM DEPUTY: Juror Denis Roa, is this your

true and correct verdict?

JUROR NO. 3: Yes.

THE COURTROOM DEPUTY: Juror Oscar Alecio, is this

your true and correct verdict?

JUROR NO. 4: Yes.

THE COURTROOM DEPUTY: Juror Anthony Munne, is this

your true and correct verdict?

JUROR NO. 5: Yes.

THE COURTROOM DEPUTY: Juror Allison Jara, is this

your true and correct verdict?

JUROR NO. 6: Yes.

THE COURTROOM DEPUTY: Juror Nicholas Hoogenbergen, is

this your true and correct verdict?

JUROR NO. 7: Yes.

THE COURTROOM DEPUTY: Juror Vicente Quiroa Carrera,

is this your true and correct verdict?

JUROR NO. 8: Yes.

THE COURTROOM DEPUTY: They all answered

affirmatively, Judge.

THE COURT: Thank you.

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Verdict

July 14, 2023

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

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Ladies and gentlemen, I wish to thank you for the time

and the careful consideration you have given this case. I also

wish to advise you of some special privileges enjoyed by

jurors.

For hundreds of years, our society has relied upon

juries for the consideration of difficult cases, and we have

recognized that a jury's deliberations, discussions and votes

should remain the jury's private affair for as long as it

wishes. You are certainly at liberty now to speak to anyone

about this case. You continue to be at liberty to refuse to

speak to anyone.

A request may come from those who are simply curious

or those who might seek to find fault of you, so I leave it up

to each of you individually to decide whether or not to

preserve your privacy as jurors. I will add that the parties

and the attorneys in this case cannot have any contact with

you.

My courtroom deputy will follow you into the jury room

one last time. He will be passing out forms from our jury pool

section showing the days that you have been with us. Some of

you may need those forms to show your employers. He will also

pass out some certificates that I have signed, thanking you

once more and more formally for your service.

We will gather together any notes or materials in the

jury room. You don't need to be concerned with that.

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Verdict

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

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You have a very nice weekend. Thank you, again.

COURT SECURITY OFFICER: All rise for the jury,

please.

(The jury exited the courtroom at 2:29 p.m.)

THE COURT: Please be seated.

So we'll be entering a final judgment awarding

Plaintiffs the damages indicated on the breach of contract

claim against Avant Assurance and only on that claim.

I would ask Plaintiffs to wait to get your USB drive

back. It's still with the jury.

Are there any questions?

MR. CUETO: No, Your Honor.

MR. TROPP: Just -- just to make sure, Judge, the USB

claim -- I mean the USB charts, do you think I could just take

a look at it, please?

The USB. I'll look at it to --

THE COURT: I'll let you gentlemen stay and look at

it. If there's nothing else --

MR. POLLOCK: That's it.

THE COURT: All right. The case is concluded at this

point, and you all have a nice weekend. Thank you.

MR. CUMMINGS: Thank you, Your Honor.

COURT SECURITY OFFICER: All rise.

(The proceedings concluded at 2:31 p.m.)

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Court Reporter's Certificate

July 14, 2023

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

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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

Case 1:22-cv-22671-CMA Document 123-5 Entered on FLSD Docket 09/21/2023 Page 10 of

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