Party Discovery: ACOSTA, MARIA vs. PAN AMERICAN VENTURE FUND LLC

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                                Filing # 192522027 E-Filed 02/22/2024 01:28:06 PM
                                                                 IN THE CIRCUIT COURT OF THE 9th
                                                                 JUDICIAL CIRCUIT IN AND FOR
                                                                 OSCEOLA COUNTY, FLORIDA
        MARIA ACOSTA,

               Plaintiff,                                        CASE NO.: 2023 CA 000923 ON
        vs.

        PAN AMERICAN VENTURE FUND, LLC,

               Defendant.

        _____________________________________/

                            PLAINTIFF’S MOTION TO COMPEL DEPOSITION OF
                            CHRISTOPHER RICHARDSON AND LUIS GONZALEZ

               COMES NOW, the Plaintiff, Maria Acosta, (“Plaintiff”), by and through the undersigned

        counsel, and files this Motion to Compel Deposition of Christopher Richardson, and Luis

        Gonzalez, and as grounds therefore, states as follows:

               1.      This case involves a premise liability incident wherein the Plaintiff was injured.

               2.      On December 12, 2023, Plaintiff’s counsel reached out to Defense counsel to set the

        deposition of non-parties, Christopher Richardson, and Luis Gonzalez.

               3.      Plaintiff’s counsel has followed up to set the above depositions on multiple

        occasions.

               4.      To date, Defense counsel has failed to provide proposed dates for the above

        deposition.

               5.      The deposition is imperative to Plaintiff’s case and the delay by Defense counsel

        is prejudicing the Plaintiff in prosecuting this case.

               6.      Pursuant to Rule 1.380(b)(2)(C) of the Florida Rules of Civil Procedure, this Court

        can strike the pleadings of the disobedient party, i.e., the Defendant herein, and even render a

        judgment by default against Defendant.




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       7.      In addition, the Court can award costs and attorneys’ fees for the necessity of the

Plaintiff having to bring this motion before this Honorable Court, due to the contemptuous conduct

of the Defendant during the discovery process, as per Rule 1.380(a)(2)(4) of the Florida Rules of

Civil Procedure.

       WHEREFORE, the Plaintiff, Maria Acosta, moves this Honorable Court for an Order

compelling the Defendant, Pan American Venture Fund, LLC., to provide deposition dates within

five (5) days and award attorneys’ fees and costs to the Plaintiff for having to bring this motion

before the Court, and impose upon the Defendant any other sanctions which this Honorable Court

deems just and proper.




                                CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that a true and correct copy of the foregoing has been served to all

counsel of record on this 22nd day of February, 2024.

                                             Workman Injury Law, PLLC
                                             Attorney for Plaintiff
                                             633 S Andrews Ave., Ste. 401
                                             Fort Lauderdale, FL 33301
                                             Tel: (954) 361-3997 / Fax: (689) 202-1065
                                             E-Mail: – devon@workmaninjurylaw.com

                                             By: _/S/ DEVON WORKMAN_________________
                                                    DEVON WORKMAN, ESQ.
                                                    FBN 1004245




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