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Filing # 140388154 E-Filed 12/14/2021 10:12:44 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL ACTION
RAUL MEJIA, and VIRGINIA LOPEZ
Plaintiffs,
CASE NO.: 2018-12371-CA
vs. DIVISION:
PEDRO GARCIA, as Property Appraiser
of Miami Dade County Florida; LEON M.
BIEGALSKI, as Executive Director of
Florida Department of Revenue;
MARCUS SAIZ DE LA MORA, as Tax
Collector of Miami Dade County, Florida
Defendants.
________________________________________/
PLAINTIFF’S SECOND REQUEST FOR PRODUCTION
TO: Michael J. Mastrucci
Miami-Dade County Attorney
Stephen P. Clark Center
111 N.W. 1st Street, Suite 2810
Miami, FL 33128-1993
mastrucc@miamidade.gov
emily@miamidade.gov
Plaintiffs, RAUL MEJIA and VIRGINIA LOPEZ, (hereinafter “Plaintiffs”) by
and through their undersigned counsel, pursuant to the provision of Rule 1.350 of the
Florida rules of Civil Procedure, hereby requests
Defendants PEDRO GARCIA, as Property Appraiser of Miami-Dade County,
Florida (the “Property Appraiser”), and MARCUS SAIZ DE LA MORA, as Tax
Collector of Miami-Dade County, Florida (the “Tax Collector,” and collectively, the
“County Defendants”) to produce within Thirty (30) days after service of this request
to Plaintiff’s counsel, André Gibson, Chartered, 45 NE 167th Street, North Miami
Page 1 of 4
Beach, FL 33162, the documents described herein, as required by the Florida Rules of
Civil Procedure.
Definitions and Instructions
1. This request for production is directed to, County Defendants, their Agents,
representatives and unless privileged, their attorneys.
2. Except as otherwise specified herein, all documents requested include
documents originated, received, used or distributed at any time.
3. In the event that any document called for in this request for production is
withheld on the basis of privilege, identify the document by date, author, type of
document (i.e. letter, memorandum, report, etc.) and all persons whom the document
was distributed and state the nature of the privilege asserted.
4. In the event that any document called for in this request for production does not
now exist, state whether the document did exist, the date upon which the document
was destroyed and the reason for such destruction.
5. In the event that any document called for in this request for production exists,
but is maintained outside of the defendant’s possession, custody, or control, state the
custodian and location of such document.
6. The term “you” or “your” mean County Defendants and their Agents, or other
persons or entities related to County Defendants, or acting on their behalf during the
relevant period.
7. The term “document” or “documents’ shall include, without limiting the
generality of the foregoing, correspondence, agreements, memoranda, calendar and
diary entries, memoranda or conversations of meetings, studies, reports, offers,
inquiries, bulletins, summaries, newsletters, compilations, maps, charts, graphs,
photographs, film, microfilm, articles, announcements, books, books of account,
ledgers, vouchers, cancelled checks, invoices, bills, opinions, certificates, computer
records and entries, email sent or received, materials on hard drives, CD’s, floppy
disks, and including all other tangible things upon which any handwriting, typing,
drawing, representation, magnetic or electrical impulses or other form of
communication is recorded, including audio and video recordings and computer stored
information.
8. To the extent that you consider any of the following requests to produce
objectionable, respond to so much of each production request, and each part thereof, as
is not objectionable in your view and separately state that part of each production
Page 2 of 4
request as to which you raise objection and each ground for each objection.
9. If you object to the production of any document on a claim of attorney-client or
work product privilege, identify the privilege claimed, together with the following
information with respect to each document: (a) date, (b) sender, (c) addressee, (d)
subject matter, (e) the basis on which the privilege is claimed, and (f) the names of all
persons to whom copies of any part of the document were furnished, together with an
identification of their employer and their job titles.
(a) The words “person” or “persons” mean all natural persons (individual or
individuals) and entities including without limitation corporations, companies,
partnerships, limited partnerships, joint ventures, trusts, estates, associations,
public agencies, departments, bureaus and board.
(b) “Plaintiffs” shall mean RAUL MEJIA and VIRGINIA LOPEZ, and their
Agents.
(c) “Communication” shall mean every manner or means of disclosure,
transfer, or exchange, and every disclosure, transfer or exchange of information
whether orally, by electronic means, by face-to-face conversation, telephone,
mail, email, personal delivery, document or otherwise.
(d) “Subject Property” shall mean the real property located at 201 178th
Drive, unit 531, Sunny Isles, Florida 33160-2875, and identified as Parcel No.
31-2211-039-1220.
DOCUMENTS TO BE PRODUCED
1. Provide a copy of all document listed in your response to Interrogatory 1 of the
Plaintiffs Third set of Interrogatories.
2. Provide a copy of the relevant sections all procedural manual(s) then in
existence as at August 29, 2013 which is applicable to and/or includes
procedures for revocation of a homestead exemption regardless of how the
information or notification of the facts giving rise to the revocation is obtained
or received by the VA.
Page 3 of 4
André Gibson, Chartered
/s/ André A. Gibson
André A. Gibson
Attorney for Plaintiffs, Raul Mejia and Virginia
Lopez.
Florida Bar Number: 0635529
45 NE 67th Street,
North Miami Beach, FL 33162
Telephone: (305) 652-4900
Fax: (305) 808-3495
E-Mail: AAGibson@Gibsontaxlaw.com
Secondary E-Mail: Efile@Gibsontaxlaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished via
electronic mail to Timothy Dennis at Timothy.Dennis@myfloridalegal.com,
Jon.Annette@myfloridalegal.com, Rebecca.Padgett@myfloridalegal.com; and Michael
Mastrucci, Assistant County Attorney, mastrucc@miamidade.gov;
emily@miamidade.gov, this 14th day of December, 2021.
/s/ André A. Gibson
André A. Gibson
Attorney for Plaintiffs, Raul Mejia and Virginia
Lopez
Page 4 of 4
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Filing # 140388154 E-Filed 12/14/2021 10:12:44 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL ACTION RAUL MEJIA, and VIRGINIA LOPEZ Plaintiffs, CASE NO.: 2018-12371-CA vs. DIVISION: PEDRO GARCIA, as Property Appraiser of Miami Dade County Florida; LEON M. BIEGALSKI, as Executive Director of Florida Department of Revenue; MARCUS SAIZ DE LA MORA, as Tax Collector of Miami Dade County, Florida Defendants. ________________________________________/ PLAINTIFF’S SECOND REQUEST FOR PRODUCTION TO: Michael J. Mastrucci Miami-Dade County Attorney Stephen P. Clark Center 111 N.W. 1st Street, Suite 2810 Miami, FL 33128-1993 mastrucc@miamidade.gov emily@miamidade.gov Plaintiffs, RAUL MEJIA and VIRGINIA LOPEZ, (hereinafter “Plaintiffs”) by and through their undersigned counsel, pursuant to the provision of Rule 1.350 of the Florida rules of Civil Procedure, hereby requests Defendants PEDRO GARCIA, as Property Appraiser of Miami-Dade County, Florida (the “Property Appraiser”), and MARCUS SAIZ DE LA MORA, as Tax Collector of Miami-Dade County, Florida (the “Tax Collector,” and collectively, the “County Defendants”) to produce within Thirty (30) days after service of this request to Plaintiff’s counsel, André Gibson, Chartered, 45 NE 167th Street, North Miami Page 1 of 4 Beach, FL 33162, the documents described herein, as required by the Florida Rules of Civil Procedure. Definitions and Instructions 1. This request for production is directed to, County Defendants, their Agents, representatives and unless privileged, their attorneys. 2. Except as otherwise specified herein, all documents requested include documents originated, received, used or distributed at any time. 3. In the event that any document called for in this request for production is withheld on the basis of privilege, identify the document by date, author, type of document (i.e. letter, memorandum, report, etc.) and all persons whom the document was distributed and state the nature of the privilege asserted. 4. In the event that any document called for in this request for production does not now exist, state whether the document did exist, the date upon which the document was destroyed and the reason for such destruction. 5. In the event that any document called for in this request for production exists, but is maintained outside of the defendant’s possession, custody, or control, state the custodian and location of such document. 6. The term “you” or “your” mean County Defendants and their Agents, or other persons or entities related to County Defendants, or acting on their behalf during the relevant period. 7. The term “document” or “documents’ shall include, without limiting the generality of the foregoing, correspondence, agreements, memoranda, calendar and diary entries, memoranda or conversations of meetings, studies, reports, offers, inquiries, bulletins, summaries, newsletters, compilations, maps, charts, graphs, photographs, film, microfilm, articles, announcements, books, books of account, ledgers, vouchers, cancelled checks, invoices, bills, opinions, certificates, computer records and entries, email sent or received, materials on hard drives, CD’s, floppy disks, and including all other tangible things upon which any handwriting, typing, drawing, representation, magnetic or electrical impulses or other form of communication is recorded, including audio and video recordings and computer stored information. 8. To the extent that you consider any of the following requests to produce objectionable, respond to so much of each production request, and each part thereof, as is not objectionable in your view and separately state that part of each production Page 2 of 4 request as to which you raise objection and each ground for each objection. 9. If you object to the production of any document on a claim of attorney-client or work product privilege, identify the privilege claimed, together with the following information with respect to each document: (a) date, (b) sender, (c) addressee, (d) subject matter, (e) the basis on which the privilege is claimed, and (f) the names of all persons to whom copies of any part of the document were furnished, together with an identification of their employer and their job titles. (a) The words “person” or “persons” mean all natural persons (individual or individuals) and entities including without limitation corporations, companies, partnerships, limited partnerships, joint ventures, trusts, estates, associations, public agencies, departments, bureaus and board. (b) “Plaintiffs” shall mean RAUL MEJIA and VIRGINIA LOPEZ, and their Agents. (c) “Communication” shall mean every manner or means of disclosure, transfer, or exchange, and every disclosure, transfer or exchange of information whether orally, by electronic means, by face-to-face conversation, telephone, mail, email, personal delivery, document or otherwise. (d) “Subject Property” shall mean the real property located at 201 178th Drive, unit 531, Sunny Isles, Florida 33160-2875, and identified as Parcel No. 31-2211-039-1220. DOCUMENTS TO BE PRODUCED 1. Provide a copy of all document listed in your response to Interrogatory 1 of the Plaintiffs Third set of Interrogatories. 2. Provide a copy of the relevant sections all procedural manual(s) then in existence as at August 29, 2013 which is applicable to and/or includes procedures for revocation of a homestead exemption regardless of how the information or notification of the facts giving rise to the revocation is obtained or received by the VA. Page 3 of 4 André Gibson, Chartered /s/ André A. Gibson André A. Gibson Attorney for Plaintiffs, Raul Mejia and Virginia Lopez. Florida Bar Number: 0635529 45 NE 67th Street, North Miami Beach, FL 33162 Telephone: (305) 652-4900 Fax: (305) 808-3495 E-Mail: AAGibson@Gibsontaxlaw.com Secondary E-Mail: Efile@Gibsontaxlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished via electronic mail to Timothy Dennis at Timothy.Dennis@myfloridalegal.com, Jon.Annette@myfloridalegal.com, Rebecca.Padgett@myfloridalegal.com; and Michael Mastrucci, Assistant County Attorney, mastrucc@miamidade.gov; emily@miamidade.gov, this 14th day of December, 2021. /s/ André A. Gibson André A. Gibson Attorney for Plaintiffs, Raul Mejia and Virginia Lopez Page 4 of 4