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Filing # 110343525 E-Filed 07/16/2020 01:14:07 PM
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2019-008931-CA-01 (02)
LAMAR MITCHELL,
Plaintiff,
vs.
MIAMI-DADE COUNTY and
GINLEY LAWN SERVICE &
LANDSCAPING, INC., a Florida
For Profit Corporation,
Defendants.
_____________________________________/
DEFENDANT GINLEY LAWN SERVICE & LANDSCAPING, INC’S
MOTION TO COMPEL PLAINTIFF LAMAR MITCHELL’S BETTER
RESPONSES TO THEIR DISCOVERY REQUESTS, DATED MAY 28, 2020
Defendant, Ginley Lawn Service & Landscaping, Inc. (“Defendant” or
“Ginley”) by and through the undersigned counsel and pursuant to the applicable
Florida Rules of Civil Procedure, hereby file this Motion to Compel Plaintiff Lamar
Mitchell’s (“Plaintiff”) Better Responses to their Discovery Requests, dated May 28,
2020. In support of this Motion, Defendant states the following:
1. Defendant propounded their second set of interrogatories (the “Discovery
Request”) upon Plaintiff on May 28, 2020. See Discovery Request, annexed hereto as
Exhibit “A.”
2. Plaintiff served their respective unverified answers to Defendant’s Discovery
Request on June 29, 2020. See Plaintiff’s Discovery Response, annexed hereto as
Exhibit “B”.
1
150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2019-008931-CA-01 (02)
3. However, Plaintiff’s responses to Defendant’s Discovery Requests are
deficient, thus amounting to a complete failure to respond to the Defendant’s
Discovery Requests in accordance with the Rules of Civil Procedure.
4. Specifically, Plaintiff falsely indicates for both interrogatories numbered 1
and 2, “discovery has just begun,” therefore, their answers are unknown at the time
of their response to Defendant’s Discovery Request.
5. Discovery has not just begun, as this case has been pending in the Court’s
since March 22, 2019. See Plaintiff’s Initial Pleadings, annexed hereto as Exhibit
“C”.
6. Plaintiff’s full and complete responses to the above-referenced Discovery
Request, without objections, are required by Defendant in order to properly and
adequately prepare the defense of this matter.
7. Based on the foregoing, Defendant request that this Court enter an order
requiring Plaintiff to provide full and complete better responses to the above
Discovery Request, without objections, within five (5) days of entry of an order.
WHEREFORE, Defendant Ginley Lawn Service & Landscaping, Inc.
respectfully request that this Court enter an Order compelling Plaintiff Lamar
Mitchell to provide full and complete better responses to the above-referenced
Discovery Requests, without objections, within five (5) days of entry of an order.
Respectfully submitted,
s/ Niva M. Harney-Hiller
Niva Harney-Hiller, Esq.
Florida Bar Number: 31058
nharney@hamiltonmillerlaw.com
2
150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2019-008931-CA-01 (02)
Reeba Hartley-Belle, Esq.
Florida Bar Number: 117036
rhartleybelle@hamiltonmillerlaw.com
Hamilton, Miller & Birthisel, LLP
150 SE 2nd Street, Suite 1200
Miami, Florida 33131
Telephone: (305) 379-3686
Facsimile: (305) 379-3690
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 16th day of July, 2020, the foregoing
document is being filed with the Clerk of Court using the E-filing Portal and served
on all counsel of record or pro se parties identified on the below Service List either
via transmission of Notices of Electronic Filing generated by the E-filing Portal or in
some other authorized manner for those counsel or parties who are not authorized
to receive electronically via the E-filing Portal.
s/ Niva M. Harney-Hiller
Niva M. Harney-Hiller, Esq.
SERVICE LIST
Andres Hermida, Esq. Daniel Frastai, Esq.
Florida Bar Number: 1010725 Florida Bar Number: 0666041
MORGAN & MORGAN, P.A. ABIGAIL PRICE-WILLIAMS
703 Waterford Way, Suite 1050 Stephen P. Clark Center
Miami, Florida 33126 111 Northwest First Street, Suite 2810
Telephone: (305) 929-1912 Miami, Florida 33128-1993
Facsimile: (305) 929-1930 Telephone: (305) 375-5480
AHermida@forthepeople.com Facsimile: (305) 375-5634
JJaime@forthepeople.com Frastai@miamidade.gov
jeane.neal@miamidade.gov
Counsel for Plaintiff Lamar Mitchell
Counsel for Defendant Miami-Dade
County
3
150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
Filing # 108091160 E-Filed 05/28/2020 05:33:34 PM
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2019-008931-CA-01 (02)
LAMAR MITCHELL,
Plaintiff,
vs.
MIAMI-DADE COUNTY and
GINLEY LAWN SERVICE &
LANDSCAPING, INC., a Florida
For Profit Corporation,
Defendants.
_____________________________________/
DEFENDANT GINLEY LAWN SERVICE & LANDSCAPING, INC’S NOTICE
OF SERVING THEIR SECOND SET OF INTERROGATORIES TO
PLAINTIFF LAMAR MITCHELL
Defendant, Ginley Lawn Service & Landscaping, Inc., (“Ginley”), by and
through the undersigned counsel and pursuant Rule 1.340 of the Florida Rule of
Civil Procedure, hereby files this Notice of Serving their Second Set of
Interrogatories to Plaintiff Lamar Mitchell (“Plaintiff”) to be answered separately
and fully in writing under oath within the time period required by law.
Respectfully submitted,
s/Niva M. Harney-Hiller
Niva Harney-Hiller, Esq.
Florida Bar Number: 31058
nharney@hamiltonmillerlaw.com
Reeba Hartley-Belle, Esq.
Florida Bar Number: 117036
rhartleybelle@hamiltonmillerlaw.com
Hamilton, Miller & Birthisel, LLP
150 SE 2nd Street, Suite 1200
150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A
CASE NO.: 2019-008931-CA-01 (02)
Miami, Florida 33131
Telephone: (305) 379-3686
Facsimile: ( 305) 379-3690
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on May 28, 2020, the foregoing document is being
filed with the Clerk of Court using the E-filing Portal and served on all counsel
of record or pro se parties identified on the below Service List either via
transmission of Notices of Electronic Filing generated by the E-filing Portal
or in some other authorized manner for those counsel or parties who are not
authorized to receive electronically via the E-filing Portal.
s/Niva M. Harney-Hiller
Niva Harney-Hiller, Esq.
SERVICE LIST
Andres Hermida, Esq. Daniel Frastai, Esq.
Florida Bar Number: 1010725 Florida Bar Number: 0666041
MORGAN & MORGAN, P.A. ABIGAIL PRICE-WILLIAMS
703 Waterford Way, Suite 1050 Stephen P. Clark Center
Miami, Florida 33126 111 Northwest First Street, Suite 2810
Telephone: (305) 929-1912 Miami, Florida 33128-1993
Facsimile: (305) 929-1930 Telephone: (305) 375-5480
AHermida@forthepeople.com Facsimile: (305) 375-5634
JJaime@forthepeople.com Frastai@miamidade.gov
jeane.neal@miamidade.gov
Counsel for Plaintiff Lamar Mitchell
Counsel for Defendant Miami-Dade
County
150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A
CASE NO.: 2019-008931-CA-01 (02)
Definitions
1. "Document(s)" or "written communication(s)" is used in
the broad and liberal sense and means written, typed, printed,
recorded or graphic matter, however produced or reproduced, of any
kind and description, and whether an original, master, duplicate or
copy, including, but not limited to, accounts, advertisements,
agreements, appointment books, bank checks, bills, books, books of
account, bulletins, cablegrams, cancelled checks, cashier's checks,
catalogs, charts, check stubs, communications, computer printouts,
contracts, corporate records, correspondence, desk calendars, diaries,
diary entries, drawings, e-mail, graphic records, guarantees, inter-
office communications, intra-office communications, invoices, ledger
books, letters, logs, mailgrams, magazines, manuals, marginal notes
(appearing on any document), memoranda, minutes (e.g., board of
directors, committee), models, motion pictures, notations, notebooks,
notes, offers, pamphlets, papers, photographs, physical objects, plans,
printed matter, projections, prospectuses, publications, receipts,
reports, returns, sketches, sound recordings (including, by way of
example, any type of personal or telephone conversation, meeting or
conference) specifications, statements, statistics, studies, summaries,
surveys, tape recordings, tapes, telegrams, telefaxes, teletypes,
transcriptions (including, by way of example, any type of personal or
telephone conversation, meeting or conference), transcripts, video
tapes, vouchers, warranties, working papers, worksheets; and all
amendments, changes, drafts, modifications of any of the foregoing, of
which you have knowledge or which are now or were formerly in your
actual or constructive possession, custody or control. The responses
concerning documents requested shall include information regarding
whether such document is an original, a duplicate, or a copy thereof.
2. "Concern," "concerning," "evidencing," "regarding,"
"reflecting," "relates," or "relates to" shall mean relating to, referring
to, connected with, commenting on, responding to, containing,
evidencing, showing, memorializing, describing, analyzing, comprising,
or constituting.
3. "You" and "your" shall refer to and include your agents,
attorneys, experts, investigators, representatives and all others,
whether past or present, who have obtained information for or on
behalf of you.
4. If a corporation, "you" and "your" shall refer to and
include any of your affiliates and subsidiaries, agents, associates,
attorneys, directors, employees, experts, independent contractors,
150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A
CASE NO.: 2019-008931-CA-01 (02)
representatives, servants, and all others, whether past or present, who
have obtained information for or on behalf of the corporation.
5. The words "and" and "or" shall be construed conjunctively
and disjunctively as necessary to make the request inclusive rather
than exclusive.
6. "Identify," or "state the identity of":
(a) When used in reference to a natural person means to please
state:
(1) His/her full name;
(2) Present or last known business and residence
address;
(3) His/her present or last known occupation and
position;
(4) His/her present or last known employer or business
affiliation;
(5) His/her occupation or position at the time in
question specified in the particular request.
(b) When used in reference to a "document" means to please state:
(1) A description of the type of document (e.g., letter,
memorandum, telegram, etc.);
(2) The identity of the person or persons who authored
or prepared it;
(3) In the case of an agreement or contract, the
identity of the parties' signatory;
(4) The identity of the addressee(s), if any, and the
recipient(s) of the original and a copy thereof;
(5) The title thereof, if any, and a description of the
general nature of its subject matter;
(6) The date of the document, or, if none, the
approximate date of its preparation;
150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A
CASE NO.: 2019-008931-CA-01 (02)
(7) The manner of distribution and publication, if any;
(8) The present location or custodian of the original
and each copy thereof;
(9) The identity of any persons who can identify it;
(10) Whether such documents contained, enclosed, were
attached to or accompanied by any other
documents, and if so, state the identity thereof;
(11) If a privilege is claimed, the specific basis therefore.
(c) In lieu of identifying a particular document when such
identification is requested, a copy of such document may, at your
option, be attached to the response to these requests; provided
that any specific information required pursuant to the foregoing
definition which is not fully set forth on the face of such copy of a
document must be separately provided in response to these
requests.
7. "Person" shall mean any natural person, firm,
corporation, partnership, joint venture or any other form of business
entity.
8. Masculine pronouns shall not connote any particular
gender but shall be taken to mean masculine, feminine or neutral
gender, as the case may be.
9. "Date" shall mean the exact day, month, and year, if
ascertainable, or, if not, the best approximation thereof (including
relationship to other events).
10. “Ginley,” as used herein, shall refer to GINLEY LAWN
SERVICE & LANDSCAPING, INC., its affiliates and subsidiaries,
agents, associates, attorneys, directors, employees, experts,
independent contractors, representatives, servants, and all others,
whether past or present, who have obtained information for or on
behalf of the corporation.
11. "Incident," as used herein, shall refer to the incident
which you allege to have occurred, as is more fully set forth in your
Amended Complaint.
150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A
CASE NO.: 2019-008931-CA-01 (02)
12. "The subject matter of this lawsuit," as used herein, shall
refer to all facts and issues as set forth in your Amended Complaint.
13. "Medical condition," as used herein, shall refer to any
condition, including but not limited to, that for which you are making a
claim, regardless of whether it is a physical illness, disease or injury,
mental illness, disease or injury or aggravation of a preexisting
condition.
14. "Physician," as used herein, shall refer to and include
doctors, nurses, other healthcare providers and practitioners of the
healing arts.
15. “Plaintiff” refers to LAMAR MITCHELL.
16. Legal counsel includes Plaintiff’s Counsel, Andres
Hermida, Esq. and the partners, associates, paralegals, secretaries,
and other employees of Morgan & Morgan, P.A.
17. “Miami-Dade” refers to MIAMI-DADE COUNTY.
18. Legal counsel includes Miami-Dade’s Counsel, Daniel
Frastai, Esq. and the partners, associates, paralegals, secretaries, and
other employees of Abigail Price-Williams.
150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A
CASE NO.: 2019-008931-CA-01 (02)
DEFENDANT GINLEY LAWN SERVICE & LANDSCAPING, INC’S SECOND
SET OF INTERROGATORIES TO PLAINTIFF LAMAR MITCHELL
1) Do you know if anyone from Ginley or on Ginley’s behalf knew of the alleged
condition prior to this incident?
(a) If yes, state:
i. Who from Ginley or on Ginley’s behalf had this knowledge?
ii. When they received this knowledge?
iii. How they received this knowledge?
ANSWER:
2) Do you know how long the alleged condition existed before this incident?
(a) If yes, state:
i. How long the alleged condition existed?
ii. What facts do you have that support how long the alleged
condition existed?
iii. Do you have any photographs that show the alleged condition
prior to this incident?
1. If so, have you produced them as part of this litigation?
ANSWER:
150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A
CASE NO.: 2019-008931-CA-01 (02)
I swear that the Answers to my interrogatories are true and correct.
_______________________________
LAMAR MITCHELL
STATE OF ______________ }
} ss
COUNTY OF ____________ }
The foregoing instrument was acknowledged before me by LAMAR
MITCHELL, who is personally known to me or who has produced
____________________, as identification and did/did not take an oath.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
_____ day of _________________, 2020.
Notary Public___________________
My Commission Expires__________
Commission Number_____________
Notary Seal
150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A
Filing # 109546280 E-Filed 06/29/2020 03:03:33 PM
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit C
Exhibit C
Exhibit C
Exhibit C
Preview
Filing # 110343525 E-Filed 07/16/2020 01:14:07 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2019-008931-CA-01 (02) LAMAR MITCHELL, Plaintiff, vs. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE & LANDSCAPING, INC., a Florida For Profit Corporation, Defendants. _____________________________________/ DEFENDANT GINLEY LAWN SERVICE & LANDSCAPING, INC’S MOTION TO COMPEL PLAINTIFF LAMAR MITCHELL’S BETTER RESPONSES TO THEIR DISCOVERY REQUESTS, DATED MAY 28, 2020 Defendant, Ginley Lawn Service & Landscaping, Inc. (“Defendant” or “Ginley”) by and through the undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure, hereby file this Motion to Compel Plaintiff Lamar Mitchell’s (“Plaintiff”) Better Responses to their Discovery Requests, dated May 28, 2020. In support of this Motion, Defendant states the following: 1. Defendant propounded their second set of interrogatories (the “Discovery Request”) upon Plaintiff on May 28, 2020. See Discovery Request, annexed hereto as Exhibit “A.” 2. Plaintiff served their respective unverified answers to Defendant’s Discovery Request on June 29, 2020. See Plaintiff’s Discovery Response, annexed hereto as Exhibit “B”. 1 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 (02) 3. However, Plaintiff’s responses to Defendant’s Discovery Requests are deficient, thus amounting to a complete failure to respond to the Defendant’s Discovery Requests in accordance with the Rules of Civil Procedure. 4. Specifically, Plaintiff falsely indicates for both interrogatories numbered 1 and 2, “discovery has just begun,” therefore, their answers are unknown at the time of their response to Defendant’s Discovery Request. 5. Discovery has not just begun, as this case has been pending in the Court’s since March 22, 2019. See Plaintiff’s Initial Pleadings, annexed hereto as Exhibit “C”. 6. Plaintiff’s full and complete responses to the above-referenced Discovery Request, without objections, are required by Defendant in order to properly and adequately prepare the defense of this matter. 7. Based on the foregoing, Defendant request that this Court enter an order requiring Plaintiff to provide full and complete better responses to the above Discovery Request, without objections, within five (5) days of entry of an order. WHEREFORE, Defendant Ginley Lawn Service & Landscaping, Inc. respectfully request that this Court enter an Order compelling Plaintiff Lamar Mitchell to provide full and complete better responses to the above-referenced Discovery Requests, without objections, within five (5) days of entry of an order. Respectfully submitted, s/ Niva M. Harney-Hiller Niva Harney-Hiller, Esq. Florida Bar Number: 31058 nharney@hamiltonmillerlaw.com 2 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 (02) Reeba Hartley-Belle, Esq. Florida Bar Number: 117036 rhartleybelle@hamiltonmillerlaw.com Hamilton, Miller & Birthisel, LLP 150 SE 2nd Street, Suite 1200 Miami, Florida 33131 Telephone: (305) 379-3686 Facsimile: (305) 379-3690 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 16th day of July, 2020, the foregoing document is being filed with the Clerk of Court using the E-filing Portal and served on all counsel of record or pro se parties identified on the below Service List either via transmission of Notices of Electronic Filing generated by the E-filing Portal or in some other authorized manner for those counsel or parties who are not authorized to receive electronically via the E-filing Portal. s/ Niva M. Harney-Hiller Niva M. Harney-Hiller, Esq. SERVICE LIST Andres Hermida, Esq. Daniel Frastai, Esq. Florida Bar Number: 1010725 Florida Bar Number: 0666041 MORGAN & MORGAN, P.A. ABIGAIL PRICE-WILLIAMS 703 Waterford Way, Suite 1050 Stephen P. Clark Center Miami, Florida 33126 111 Northwest First Street, Suite 2810 Telephone: (305) 929-1912 Miami, Florida 33128-1993 Facsimile: (305) 929-1930 Telephone: (305) 375-5480 AHermida@forthepeople.com Facsimile: (305) 375-5634 JJaime@forthepeople.com Frastai@miamidade.gov jeane.neal@miamidade.gov Counsel for Plaintiff Lamar Mitchell Counsel for Defendant Miami-Dade County 3 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Filing # 108091160 E-Filed 05/28/2020 05:33:34 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2019-008931-CA-01 (02) LAMAR MITCHELL, Plaintiff, vs. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE & LANDSCAPING, INC., a Florida For Profit Corporation, Defendants. _____________________________________/ DEFENDANT GINLEY LAWN SERVICE & LANDSCAPING, INC’S NOTICE OF SERVING THEIR SECOND SET OF INTERROGATORIES TO PLAINTIFF LAMAR MITCHELL Defendant, Ginley Lawn Service & Landscaping, Inc., (“Ginley”), by and through the undersigned counsel and pursuant Rule 1.340 of the Florida Rule of Civil Procedure, hereby files this Notice of Serving their Second Set of Interrogatories to Plaintiff Lamar Mitchell (“Plaintiff”) to be answered separately and fully in writing under oath within the time period required by law. Respectfully submitted, s/Niva M. Harney-Hiller Niva Harney-Hiller, Esq. Florida Bar Number: 31058 nharney@hamiltonmillerlaw.com Reeba Hartley-Belle, Esq. Florida Bar Number: 117036 rhartleybelle@hamiltonmillerlaw.com Hamilton, Miller & Birthisel, LLP 150 SE 2nd Street, Suite 1200 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A CASE NO.: 2019-008931-CA-01 (02) Miami, Florida 33131 Telephone: (305) 379-3686 Facsimile: ( 305) 379-3690 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 28, 2020, the foregoing document is being filed with the Clerk of Court using the E-filing Portal and served on all counsel of record or pro se parties identified on the below Service List either via transmission of Notices of Electronic Filing generated by the E-filing Portal or in some other authorized manner for those counsel or parties who are not authorized to receive electronically via the E-filing Portal. s/Niva M. Harney-Hiller Niva Harney-Hiller, Esq. SERVICE LIST Andres Hermida, Esq. Daniel Frastai, Esq. Florida Bar Number: 1010725 Florida Bar Number: 0666041 MORGAN & MORGAN, P.A. ABIGAIL PRICE-WILLIAMS 703 Waterford Way, Suite 1050 Stephen P. Clark Center Miami, Florida 33126 111 Northwest First Street, Suite 2810 Telephone: (305) 929-1912 Miami, Florida 33128-1993 Facsimile: (305) 929-1930 Telephone: (305) 375-5480 AHermida@forthepeople.com Facsimile: (305) 375-5634 JJaime@forthepeople.com Frastai@miamidade.gov jeane.neal@miamidade.gov Counsel for Plaintiff Lamar Mitchell Counsel for Defendant Miami-Dade County 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A CASE NO.: 2019-008931-CA-01 (02) Definitions 1. "Document(s)" or "written communication(s)" is used in the broad and liberal sense and means written, typed, printed, recorded or graphic matter, however produced or reproduced, of any kind and description, and whether an original, master, duplicate or copy, including, but not limited to, accounts, advertisements, agreements, appointment books, bank checks, bills, books, books of account, bulletins, cablegrams, cancelled checks, cashier's checks, catalogs, charts, check stubs, communications, computer printouts, contracts, corporate records, correspondence, desk calendars, diaries, diary entries, drawings, e-mail, graphic records, guarantees, inter- office communications, intra-office communications, invoices, ledger books, letters, logs, mailgrams, magazines, manuals, marginal notes (appearing on any document), memoranda, minutes (e.g., board of directors, committee), models, motion pictures, notations, notebooks, notes, offers, pamphlets, papers, photographs, physical objects, plans, printed matter, projections, prospectuses, publications, receipts, reports, returns, sketches, sound recordings (including, by way of example, any type of personal or telephone conversation, meeting or conference) specifications, statements, statistics, studies, summaries, surveys, tape recordings, tapes, telegrams, telefaxes, teletypes, transcriptions (including, by way of example, any type of personal or telephone conversation, meeting or conference), transcripts, video tapes, vouchers, warranties, working papers, worksheets; and all amendments, changes, drafts, modifications of any of the foregoing, of which you have knowledge or which are now or were formerly in your actual or constructive possession, custody or control. The responses concerning documents requested shall include information regarding whether such document is an original, a duplicate, or a copy thereof. 2. "Concern," "concerning," "evidencing," "regarding," "reflecting," "relates," or "relates to" shall mean relating to, referring to, connected with, commenting on, responding to, containing, evidencing, showing, memorializing, describing, analyzing, comprising, or constituting. 3. "You" and "your" shall refer to and include your agents, attorneys, experts, investigators, representatives and all others, whether past or present, who have obtained information for or on behalf of you. 4. If a corporation, "you" and "your" shall refer to and include any of your affiliates and subsidiaries, agents, associates, attorneys, directors, employees, experts, independent contractors, 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A CASE NO.: 2019-008931-CA-01 (02) representatives, servants, and all others, whether past or present, who have obtained information for or on behalf of the corporation. 5. The words "and" and "or" shall be construed conjunctively and disjunctively as necessary to make the request inclusive rather than exclusive. 6. "Identify," or "state the identity of": (a) When used in reference to a natural person means to please state: (1) His/her full name; (2) Present or last known business and residence address; (3) His/her present or last known occupation and position; (4) His/her present or last known employer or business affiliation; (5) His/her occupation or position at the time in question specified in the particular request. (b) When used in reference to a "document" means to please state: (1) A description of the type of document (e.g., letter, memorandum, telegram, etc.); (2) The identity of the person or persons who authored or prepared it; (3) In the case of an agreement or contract, the identity of the parties' signatory; (4) The identity of the addressee(s), if any, and the recipient(s) of the original and a copy thereof; (5) The title thereof, if any, and a description of the general nature of its subject matter; (6) The date of the document, or, if none, the approximate date of its preparation; 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A CASE NO.: 2019-008931-CA-01 (02) (7) The manner of distribution and publication, if any; (8) The present location or custodian of the original and each copy thereof; (9) The identity of any persons who can identify it; (10) Whether such documents contained, enclosed, were attached to or accompanied by any other documents, and if so, state the identity thereof; (11) If a privilege is claimed, the specific basis therefore. (c) In lieu of identifying a particular document when such identification is requested, a copy of such document may, at your option, be attached to the response to these requests; provided that any specific information required pursuant to the foregoing definition which is not fully set forth on the face of such copy of a document must be separately provided in response to these requests. 7. "Person" shall mean any natural person, firm, corporation, partnership, joint venture or any other form of business entity. 8. Masculine pronouns shall not connote any particular gender but shall be taken to mean masculine, feminine or neutral gender, as the case may be. 9. "Date" shall mean the exact day, month, and year, if ascertainable, or, if not, the best approximation thereof (including relationship to other events). 10. “Ginley,” as used herein, shall refer to GINLEY LAWN SERVICE & LANDSCAPING, INC., its affiliates and subsidiaries, agents, associates, attorneys, directors, employees, experts, independent contractors, representatives, servants, and all others, whether past or present, who have obtained information for or on behalf of the corporation. 11. "Incident," as used herein, shall refer to the incident which you allege to have occurred, as is more fully set forth in your Amended Complaint. 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A CASE NO.: 2019-008931-CA-01 (02) 12. "The subject matter of this lawsuit," as used herein, shall refer to all facts and issues as set forth in your Amended Complaint. 13. "Medical condition," as used herein, shall refer to any condition, including but not limited to, that for which you are making a claim, regardless of whether it is a physical illness, disease or injury, mental illness, disease or injury or aggravation of a preexisting condition. 14. "Physician," as used herein, shall refer to and include doctors, nurses, other healthcare providers and practitioners of the healing arts. 15. “Plaintiff” refers to LAMAR MITCHELL. 16. Legal counsel includes Plaintiff’s Counsel, Andres Hermida, Esq. and the partners, associates, paralegals, secretaries, and other employees of Morgan & Morgan, P.A. 17. “Miami-Dade” refers to MIAMI-DADE COUNTY. 18. Legal counsel includes Miami-Dade’s Counsel, Daniel Frastai, Esq. and the partners, associates, paralegals, secretaries, and other employees of Abigail Price-Williams. 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A CASE NO.: 2019-008931-CA-01 (02) DEFENDANT GINLEY LAWN SERVICE & LANDSCAPING, INC’S SECOND SET OF INTERROGATORIES TO PLAINTIFF LAMAR MITCHELL 1) Do you know if anyone from Ginley or on Ginley’s behalf knew of the alleged condition prior to this incident? (a) If yes, state: i. Who from Ginley or on Ginley’s behalf had this knowledge? ii. When they received this knowledge? iii. How they received this knowledge? ANSWER: 2) Do you know how long the alleged condition existed before this incident? (a) If yes, state: i. How long the alleged condition existed? ii. What facts do you have that support how long the alleged condition existed? iii. Do you have any photographs that show the alleged condition prior to this incident? 1. If so, have you produced them as part of this litigation? ANSWER: 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A CASE NO.: 2019-008931-CA-01 (02) I swear that the Answers to my interrogatories are true and correct. _______________________________ LAMAR MITCHELL STATE OF ______________ } } ss COUNTY OF ____________ } The foregoing instrument was acknowledged before me by LAMAR MITCHELL, who is personally known to me or who has produced ____________________, as identification and did/did not take an oath. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this _____ day of _________________, 2020. Notary Public___________________ My Commission Expires__________ Commission Number_____________ Notary Seal 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 Exhibit A Filing # 109546280 E-Filed 06/29/2020 03:03:33 PM Exhibit B Exhibit B Exhibit B Exhibit B Exhibit C Exhibit C Exhibit C Exhibit C