UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 1:22-cv-22343-KMM Moore/Louis

JORGE MONTEAGUDO ALBURQUERQUE,

Plaintiff,

v.

THE DE MOYA GROUP, INC.,

a Florida Profit Corporation,

Defendant.

________________________________________/

PLAINTIFF’S RESPONSE TO DEFENDANT, THE DE MOYA GROUP INC.’ S, 

MOTION FOR PROTECTIVE ORDER

Plaintiff, JORGE MONTEAGUDO (hereinafter “Plaintiff”) by and through undersigned counsel, 

pursuant to the Court’s Order ECF No. 105, hereby responds to the Defendant, THE DE MOYA 

GROUP INC (hereinafter “Defendant”)’s Motion for Protective Order (ECF No. 102). 

Defendant’s Motion should be denied as moot, given that Plaintiff’s Witness List for the continued 

Evidentiary Hearing scheduled for September 12, 2023, does not identify Mr. Clyne as a witness 

intended to be called. 

PROCEDURAL BACKGROUND

1. On May 11, 2023, the Court entered its Order holding Defendant’s Motion for Sanctions 

in Abeyance pending the disposition of Defendant’s Motion for Summary Judgment. [ECF 

No. 84]. 

2. On May 24, 2023, after a telephonic status conference was held before the Court, an Order 

was entered scheduling the evidentiary hearing for June 20, 2023, and required parties to 

file their witness lists by no later than Tuesday, June 13, 2023. [ECF No. 90]. 

Case 1:22-cv-22343-KMM Document 107 Entered on FLSD Docket 09/11/2023 Page 1 of 6
3. On June 13, 2023, Plaintiff’s witness list was filed in accordance with the Court’s Order. 

[ECF No. 93]. Plaintiff’s witness list identified Mr. Clyne as a witness Plaintiff intended 

to call at the June 20, 2023, hearing. 

4. On June 15, 2023, the Court entered an Order canceling the June 20, 2023, hearing pending 

the disposition of Plaintiff’s pending Motion to Alter or Amend and Rehear Summary 

Judgment. [ECF No. 95].

5. On August 23, 2023, before the disposition of Plaintiff’s Motion to Alter or Amend and 

Rehear Summary Judgment, Defendant’s counsel sent one e-mail conferring on a Motion 

for Protective Order regarding Mr. Clyne being an individual identified in Plaintiff’s prior 

witness list. See ECF No. 93. 

6. On August 25, 2023, Plaintiff’s Motion to Alter or Amend and Rehear Summary Judgment 

was denied. ECF No. 100. 

7. On August 28, 2023, an Order setting Continued Evidentiary Hearing on Defendant’s Rule 

11 Sanction for September 12, 2023, and requiring the parties to file their witness lists by 

no later than September 7, 2023. [ECF No. 101]. 

8. On September 6, 2023, before Plaintiff filed his witness list, Defendant filed the instant 

Motion seeking a protective order prohibiting the calling of Reginald J. Clyne, Esq., 

counsel for De Moya as a witness in the Rule 11 Evidentiary Hearing. [ECF No. 102]. 

9. On September 6, 2023, Counsel Brian H. Pollock, filed his appearance on behalf of the 

undersigned and her firm, PereGonza, The Attorneys. 

10. On September 7, 2023, the Court entered an Order requiring Plaintiff and his Counsel to 

file a response to the [102] Motion for Protective Order by no later than 12:00 P.M. on 

Monday, September 11, 2023. [ECF No. 105]. 

Case 1:22-cv-22343-KMM Document 107 Entered on FLSD Docket 09/11/2023 Page 2 of 6
11. On September 7, 2023, Plaintiff filed his Witness List for the continued Evidentiary 

Hearing wherein he did not list Mr. Clyne as a witness. [ECF No. 106].

MEMORANDUM OF LAW

I. Defendant’s Motion for Protective Order was Premature at the Time it was Filed. 

Fed. R. Civ. P. 26(c) allows a party to move for a protective order in a pending action. “The 

court may, for good cause, issue an order to protect a party or person from annoyance, 

embarrassment, oppression, or undue burden or expense ... requiring that a trade secret or other 

confidential research, development, or commercial information not be revealed or be revealed only 

in a specified way ....” Fed. R. Civ. P. 26(c)(1)(G). The moving party must certify he has attempted 

to resolve the dispute without judicial action. Fed. R. Civ. P. 26(c)(1). 

Here, Defendant’s Motion was filed prematurely, as the Motion was filed prior to Plaintiff 

filing his Witness List for the Continued Hearing pursuant to the Court’s Order Setting Continued 

Evidentiary Hearing on Defendant’s Rule 11 Sanctions. Defendant further failed to attempt in good 

faith to resolve the issue prior to filing its Motion for Protective Order. Specifically, Defendant’s 

counsel sent an initial conferral on August 23, 2023, to the undersigned regarding his intention to 

move for a protective order. At the time the same was received, Plaintiff’s Motion to Alter was 

still pending disposition.

After the Plaintiff’s Motion to Alter was disposed by the Court, and while the undersigned 

conferred with Plaintiff and counsel Brian H. Pollock, the Court’s Order Setting Continued 

Evidentiary Hearing on Defendant’s Rule 11 Sanctions was entered. [ECF No. 101]. The Order 

stated: “By no later than Thursday, September 7, 2023, any Party who intends to present live 

testimony must file a witness list identifying the witness(es) that the Party intends to call at the 

Continued Evidentiary Hearing.” Id. Pursuant to the Court’s Order, Plaintiff filed his Witness List 

Case 1:22-cv-22343-KMM Document 107 Entered on FLSD Docket 09/11/2023 Page 3 of 6
for Continued Evidentiary Hearing which did not list Mr. Clyne as a witness. See ECF No. 106. 

Accordingly, Defendant’s Motion for Protective Order is moot. See In re Aleph Inst., No. 06-

61788-CIV, 2007 WL 9700821 (S.D. Fla. July 3, 2007) (holding that “[w]hen [defendant] 

withdrew those subpoenas, releasing Movants from testifying, there remained no ‘live’ 

controversy upon which the Court could grant meaningful relief, thus rendering the Motion for 

Protective Order moot.”). Therefore, Plaintiff respectfully requests that this Court deny 

Defendant’s motion as moot. 

Dated: September 11, 2023. Respectfully submitted,

/s/ Nathaly Saavedra 

Nathaly Saavedra, Esq. 

Fla. Bar No. 118315

Email: nathaly@peregonza.com

Juan J. Perez, Esq. 

Fla. Bar No. 115784

Email: juan@peregonza.com

P. Brooks, LaRou, Esq. 

Fla. Bar No. 1039018

Email: brooks@peregonza.com

Jocelyn R. Rocha, Esq.

Fla. Bar No. 1039302

Email: jocelyn@peregonza.com

PEREGONZA THE ATTORNEYS, PLLC

5201 Blue Lagoon Drive,

Suite 290, 

Miami, FL 33126

Tel. (786) 650-0202

Fax. (786) 650-0200

Counsel for Plaintiff

Case 1:22-cv-22343-KMM Document 107 Entered on FLSD Docket 09/11/2023 Page 4 of 6
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 11, 2023, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document 

is being served this day on all counsel of record or pro se parties identified on the attached Service 

List in the manner specified, either via transmission of Notices of Electronic Filing generated by 

CM/ECF or in some other authorized manner for those counsel or parties who are not authorized 

to receive electronically Notices of Electronic Filing.

/s/ Nathaly Saavedra

Nathaly Saavedra, Esq. 

Case 1:22-cv-22343-KMM Document 107 Entered on FLSD Docket 09/11/2023 Page 5 of 6
SERVICE LIST

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No. 1:22-cv-22343-KMM Moore/Louis

Nathaly Saavedra, Esq. 

Fla. Bar No. 118315

Email: nathaly@peregonza.com

Juan J. Perez, Esq. 

Fla. Bar No. 115784

Email: juan@peregonza.com

P. Brooks, LaRou, Esq. 

Fla. Bar No. 1039018

Email: brooks@peregonza.com

Jocelyn R. Rocha, Esq.

Fla. Bar No. 1039302

Email: jocelyn@peregonza.com

PEREGONZA THE ATTORNEYS, PLLC

5201 Blue Lagoon Drive,

Suite 290, 

Miami, FL 33126

Tel. (786) 650-0202

Fax. (786) 650-0200

Attorneys for Plaintiff

Brian H. Pollock, Esq. (174742)

brian@fairlawattorney.com

FAIRLAW FIRM

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

Tel: (305) 230-4884

Counsel for Nathaly Saavedra, Esq. and 

PereGonza The Attorneys

Method of Service: CM/ECF notice

Reginald J. Clyne, Esq.

Florida Bar No. 654302

reginald.clyne@qpwblaw.com

Chanelle Artiles, Esq. 

Florida Bar No. 10006402

chanelle.artiles@qpwblaw.com

Quintairos, Prieto, Wood & Boyer, P.A.

9300 South Dadeland Blvd., 4th Floor

Miami, Florida 33156

Telephone: 305-670-1101

Attorneys for Defendant

Method of Service: CM/ECF notice

Case 1:22-cv-22343-KMM Document 107 Entered on FLSD Docket 09/11/2023 Page 6 of 6