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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

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

DELIO BATISTA,

MARIANA LOPEZ,

CARLOS LOPEZ, AND 

RAFAELA VALIENTE,

Plaintiffs,

vs.

AVANT ASSURANCE INC., 

REINIER CORTES, AND 

ANDREA GONZALEZ 

QUINTERO,

Defendants.

______________________________/

PLAINTIFFS’ MOTION FOR DISCOVERY HEARING

Plaintiffs, by and through their undersigned counsel, request this Court to hold a discovery 

hearing before Magistrate Judge Edwin G. Torres at 2:30 p.m. on May 18, 2023 to define the 

scope of inquiry for the deposition of Defendant, Andrea Gonzalez, and the depositions all other 

witnesses, and states the following:

1. Avant Assurance, Inc. (“Avant”) is an insurance agency. 

2. Plaintiff served Avant with a Corporate Representative Deposition Notice pursuant to 

Federal Rule 30(b)(6) on or around March 29, 2023. See Exhibit A. 

3. Avant assigned Defendant, Reiner Cortes, as the corporate representative for purpose of 

deposition.

Case 1:22-cv-22671-CMA Document 56 Entered on FLSD Docket 05/04/2023 Page 1 of 3
135 San Lorenzo Avenue, Suite 770, Coral Gables, Florida 33146

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4. Avant did not advise Plaintiffs that the corporate representative role would be split amongst 

more than one employee/officer to address the areas of inquiry in the Rule 30(b)(6) notice.

5. The corporate representative deposition was conducted on April 11, 2023.

6. Defendant, Andrea Gonzalez, is the vice president of Avant.

7. Her deposition commenced on April 12, 2023. 

8. During her deposition, defense counsel frequently objected that questions being asked by 

the undersigned were improper because Ms. Gonzalez was not a corporate representative 

and she was only produced to answer questions about her personal involvement with 

Avant. See e.g. Exhibit B, Gonzalez Depo. at p.17:6-11; p.18:8-9; p.18:15-16; p.26:21-24.

9. In particular, defense counsel stated that Plaintiffs should “re-notice [Ms. Gonzalez] as a 

corporate officer” so that she could answer questions being posed to her. Id. at p.17:12-13. 

10. Ms. Gonzalez refused to answer a question as simple as what types of equipment Avant’s 

sales agents use to do their jobs. Id. at pp.27:20 -28:1. 

11. Ms. Gonzalez determined that she was “not authorized to discuss legal matters” or “any 

matters of the company of Avant.” Id. at p.27:10-19. 

12. More specifically, she stated that she would only answer questions “regarding Andrea 

Gonzalez as a person”. Id. at p.27:1-5. 

13. It appears that Defendants believe an employee of a company cannot be asked questions 

about how the company works unless the Plaintiffs designate the deponent as a corporate 

representative. Id. at p.23:11-24.

Case 1:22-cv-22671-CMA Document 56 Entered on FLSD Docket 05/04/2023 Page 2 of 3
135 San Lorenzo Avenue, Suite 770, Coral Gables, Florida 33146

TEL 305.230.4884 FAX 305.230.4844

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14. As a result, Ms. Gonzalez’s deposition was impeded, and unnecessary time and expense 

was wasted because a court reporter and Spanish interpreter had to be hired, and now have 

to be rehired to complete her deposition. Id.

15. Therefore, Plaintiff requests this Court to allow any and all non-harassing and nonprivileged deposition questions to be asked of Ms. Gonzalez and any other Avant employee, 

with the understanding that their responses do not bind the corporation.

LOCAL RULE 7.1 CERTIFICATION

Undersigned counsel had extensive dialogue with Defense counsel on the record during the 

above-referenced deposition regarding their respective positions on the issue presented in the 

motion. Defense counsel was advised on the record that this matter would be presented to the 

Court. The dialogue can be read in the deposition transcript attached as Exhibit B. 

Dated May 4, 2023.

s/Toussaint Cummings, Esq.

Toussaint Cummings, Esq.

Fla. Bar No. 119877

toussaint@fairlawattorney.com

FAIRLAW FIRM

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

Tel: 305.230.4884

Counsel for Plaintiff

Case 1:22-cv-22671-CMA Document 56 Entered on FLSD Docket 05/04/2023 Page 3 of 3