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Filing # 132734958 E-Filed 08/16/2021 12:05:43 PM
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO: 502020CA010251XXXXMB
VIVIANE ST CALLE,
Plaintiff,
vs.
VALIANT POWER SOUTH LLC,
VALIANT POWER GROUP, INC.,
VALIANT SOUTH HOLDINGS LLC
and MARVIN VESS,
Defendants.
/
MOTION T MPEL DEPOSITI! IF PLAINTIFF
COMES NOW, Defendant, VALIANT POWER SOUTH, LLC, by and through
undersigned counsel, and files this Motion to Compel Deposition of Plaintiff, pursuant to Florida
Rules of Civil Procedure 1.310 and 1.380, and as grounds therefore states as follows:
a Plaintiff filed her Complaint against Defendant, VALIANT POWER SOUTH, LLC,
seeking damages surrounding an alleged motor vehicle accident.
2. On July 8, 2021, Defendant, VALIANT POWER SOUTH, LLC requested
Plaintiff's deposition via Email.
3. Plaintiff counsel replied “We have been unable to reach our client in regards to dates
for deposition and will advise as soon as we are able to confirm her availability.”
4. Defendant, VALIANT POWER SOUTH, LLC, has continued to follow up
regarding the scheduling of this deposition, however, Plaintiff has failed to provide any proposed
dates for their client.
Case No.: 502020CA010251XXXXMB
Defendant’s Motion to Compel Deposition of Plaintiff
Page 1 of 2
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 08/16/2021 12:05:43 PM ***5. Defendant, VALIANT POWER SOUTH, LLC, will be unable to fully prepare the
defense of this matter and will be ultimately prejudiced if it is unable to depose the Plaintiff in this
matter.
6. Defendant states that this Motion is made in good faith and not for the purpose of
delay.
WHEREFORE, Defendant respectfully requests this Court enter an Order requiring
Plaintiff counsel to produce their client for deposition within sixty (60) days, and for any other relief
that the Court may deem proper.
CERTIFICATE OF SERVICE
I certify that the foregoing document has been furnished to Roy W. Jordan, Esquire, Roy
W. Jordan, JR., P.A., 580 Village Blvd., Suite 300, West Palm Beach, FL 33401, Primary E-Mail:
rjordan@rjordanlaw.com; Secondary E-mail: mary@rjordanlaw.com, by e-mail on this 16th day of
August, 2021.
Law Office of Ignacio M. Sarmiento
PO Box 7217
London, KY 40742
Telephone: (561) 226-2561
Attorney for Defendant, Valiant Power South, LLC
Ls/ Scott A. Wachholder
SCOTT A. WACHHOLDER, FBN #71033
Primary E-mail (eservice only): BocalegalMail@LibertyMutual.com
Secondary E-mail: scott.wachholder@libertymutual.com
Case No.: 502020CA010251XXXXMB
Defendant’s Motion to Compel Deposition of Plaintiff
Page 2 of 2
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Filing # 132734958 E-Filed 08/16/2021 12:05:43 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502020CA010251XXXXMB VIVIANE ST CALLE, Plaintiff, vs. VALIANT POWER SOUTH LLC, VALIANT POWER GROUP, INC., VALIANT SOUTH HOLDINGS LLC and MARVIN VESS, Defendants. / MOTION T MPEL DEPOSITI! IF PLAINTIFF COMES NOW, Defendant, VALIANT POWER SOUTH, LLC, by and through undersigned counsel, and files this Motion to Compel Deposition of Plaintiff, pursuant to Florida Rules of Civil Procedure 1.310 and 1.380, and as grounds therefore states as follows: a Plaintiff filed her Complaint against Defendant, VALIANT POWER SOUTH, LLC, seeking damages surrounding an alleged motor vehicle accident. 2. On July 8, 2021, Defendant, VALIANT POWER SOUTH, LLC requested Plaintiff's deposition via Email. 3. Plaintiff counsel replied “We have been unable to reach our client in regards to dates for deposition and will advise as soon as we are able to confirm her availability.” 4. Defendant, VALIANT POWER SOUTH, LLC, has continued to follow up regarding the scheduling of this deposition, however, Plaintiff has failed to provide any proposed dates for their client. Case No.: 502020CA010251XXXXMB Defendant’s Motion to Compel Deposition of Plaintiff Page 1 of 2 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 08/16/2021 12:05:43 PM ***5. Defendant, VALIANT POWER SOUTH, LLC, will be unable to fully prepare the defense of this matter and will be ultimately prejudiced if it is unable to depose the Plaintiff in this matter. 6. Defendant states that this Motion is made in good faith and not for the purpose of delay. WHEREFORE, Defendant respectfully requests this Court enter an Order requiring Plaintiff counsel to produce their client for deposition within sixty (60) days, and for any other relief that the Court may deem proper. CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished to Roy W. Jordan, Esquire, Roy W. Jordan, JR., P.A., 580 Village Blvd., Suite 300, West Palm Beach, FL 33401, Primary E-Mail: rjordan@rjordanlaw.com; Secondary E-mail: mary@rjordanlaw.com, by e-mail on this 16th day of August, 2021. Law Office of Ignacio M. Sarmiento PO Box 7217 London, KY 40742 Telephone: (561) 226-2561 Attorney for Defendant, Valiant Power South, LLC Ls/ Scott A. Wachholder SCOTT A. WACHHOLDER, FBN #71033 Primary E-mail (eservice only): BocalegalMail@LibertyMutual.com Secondary E-mail: scott.wachholder@libertymutual.com Case No.: 502020CA010251XXXXMB Defendant’s Motion to Compel Deposition of Plaintiff Page 2 of 2