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Filing # 113922858 E-Filed 09/24/2020 02:58:07 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,
v.
MIAMI-DADE COUNTY and
GINLEY LAWN SERVICE &
LANDSCAPING, INC., a Florida
For Profit Corporation,
Defendants.
____________________________/
PLAINTIFF’S SUPPLMENTAL REQUEST FOR PRODUCTION
Plaintiff, LAMAR MITCHELL, by and through the undersigned counsel, hereby request,
pursuant to Fla. Rules of Civil Procedure 1.350, that the Defendant, MIAMI-DADE COUNTY,
produce for inspection or copying the documents set forth below. The Defendant shall produce
these documents at 703 Waterford Way, Suite 1050, Miami, FL 33126 within thirty (30) days after
service of this Request for Production as follows:
1. A true and correct copy of any and all complaints pertaining to metal rods, tree nails,
or rebar in the grass near the bus stop located at SW 244th Street, which were
submitted, between February 2015 and February 13th, 2018, through the Defendant,
MIAMI-DADE COUNYT’s, phone application, its online web page, or 311, as
referenced in Barry Smerling’s deposition. Smerling depo., 18: 3-6.
2. A true and accurate copy of any and allcomplaints pertaining to metal rods, tree
nails, or rebar in the grass near the bus stop located at SW 244th Street, which were
submitted via Safety Concern Reports between February 2015 and February 2018.
See Smerling depo., 22: 12-15.
3. A true and correct copy of any documents which reflect the installation, removal, or
modification of location of signage at the bus stop at SW 244th Street between
February 2014 and February 13th, 2018. See Pujadas depo., 19: 13-17.
4. A true and correct copy for any work tickets pertaining to the removal of any metal
rods, tree nails, or rebar in the grass near the bus stop located at SW 244th Street,
between February 2015 and February 13th, 2018. See Pujadas depo., 27: 5-13.
5. Any document which can confirm the date that the Defendant, MIAMI-DADE
COUNTY’s, employees went out to the area where Plaintiff fell, after learning of
the fall. This request does not seek any work-product, but rather the date the
Defendant, MIAMI-DADE COUNTY, learned of the fall, and the date in which
its employees went out to the site. See Pujadas depo., 28: 4 - 16.
6. A true and correct copy of any RAAM inspector reports, and any corresponding
photographs, for Site J-2 and J-3 between February 2015 and February 2018. De
Arce depo., 13: 21 – 14: 12.
7. A true and correct copy of the full executed or completed “MDT Zone J Schedule
Site List” forms, to include RAAM Inspector columns, for Zone J between
February 2015 and February 2018, for both litter cycles and maintenance cycles.
De Arce depo., 25: 25 – 26: 8.
8. Any and all written communications between the Defendant, MIAMI-DADE
COUNTY, and the Defendant, GINLEY LAWN SERVICE & LANDSCAPING,
2
INC., regarding metal rods, tree nails, or rebar near the bus stop located at SW
244th Street between February 2015 and February 2019.
9. Any and all written communications between the Defendant, MIAMI-DADE
COUNTY, and the Defendant, GINLEY LAWN SERVICE & LANDSCAPING,
INC., regarding the landscaping to be performed at Site J-2 and J-3between
February 2015 and February 13th, 2018.
10. A true and correct copy of any contract, agreement, or document which would
identify what date the tree depicted in “Exhibit A” near the bus stop at SW 244th
Street was planted or installed, and by whom.
11. A true and correct copy of any reports or records pertaining to deficiencies
generated by the RAAM department or the Business Distribution Center for the
areas where the Defendant, GINLEY, was providing landscaping or maintenance
services near the bust stop at SW 244th Street between February 2015 and
February 13th, 2018. See Rivero depo., 14:8-15.
12. A true and correct copy of the contract, including all specifications, for the
installation of the tree depicted in “Exhibit A” near the bus stop at SW 244th
Street. See Rivero depo., 20:10-16.
3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished to all counsel of record
via electronic mail Served by the Florida E-Portal this _____24th September
day of ______________, 2020.
By: ___________________________________
/s/ Andres Hermida
Andres Hermida, Esq.
FBN: 1010725
MORGAN & MORGAN, P.A.
Attorneys for Plaintiff
703 Waterford Way, Suite 1050
Miami, FL 33126
Telephone: 305-929-1901
Facsimile: 305-929-1944
AHermida@forthepeople.com
JJaime@forthepeople.com
4
SERVICE LIST
Counsel for Defendant Miami Dade County
Daniel Frastai, Esq.
FBN: 0666041
Assistant County Attorney
111 Northwest First Street
Miami, FL 33128
Frastai@miamidade.gov
Jeane.Neal@miamidade.gov
Nicole Ramos-Barreau, Esq.
FBN: 85291
Assistant County Attorney
111 Northwest First Street
Miami, FL 33128
Nicole.ramos-barreau@miamidade.gov
Monica.Barber@miamidade.gov
5
EXHIBIT "A"
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Filing # 113922858 E-Filed 09/24/2020 02:58:07 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, v. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE & LANDSCAPING, INC., a Florida For Profit Corporation, Defendants. ____________________________/ PLAINTIFF’S SUPPLMENTAL REQUEST FOR PRODUCTION Plaintiff, LAMAR MITCHELL, by and through the undersigned counsel, hereby request, pursuant to Fla. Rules of Civil Procedure 1.350, that the Defendant, MIAMI-DADE COUNTY, produce for inspection or copying the documents set forth below. The Defendant shall produce these documents at 703 Waterford Way, Suite 1050, Miami, FL 33126 within thirty (30) days after service of this Request for Production as follows: 1. A true and correct copy of any and all complaints pertaining to metal rods, tree nails, or rebar in the grass near the bus stop located at SW 244th Street, which were submitted, between February 2015 and February 13th, 2018, through the Defendant, MIAMI-DADE COUNYT’s, phone application, its online web page, or 311, as referenced in Barry Smerling’s deposition. Smerling depo., 18: 3-6. 2. A true and accurate copy of any and allcomplaints pertaining to metal rods, tree nails, or rebar in the grass near the bus stop located at SW 244th Street, which were submitted via Safety Concern Reports between February 2015 and February 2018. See Smerling depo., 22: 12-15. 3. A true and correct copy of any documents which reflect the installation, removal, or modification of location of signage at the bus stop at SW 244th Street between February 2014 and February 13th, 2018. See Pujadas depo., 19: 13-17. 4. A true and correct copy for any work tickets pertaining to the removal of any metal rods, tree nails, or rebar in the grass near the bus stop located at SW 244th Street, between February 2015 and February 13th, 2018. See Pujadas depo., 27: 5-13. 5. Any document which can confirm the date that the Defendant, MIAMI-DADE COUNTY’s, employees went out to the area where Plaintiff fell, after learning of the fall. This request does not seek any work-product, but rather the date the Defendant, MIAMI-DADE COUNTY, learned of the fall, and the date in which its employees went out to the site. See Pujadas depo., 28: 4 - 16. 6. A true and correct copy of any RAAM inspector reports, and any corresponding photographs, for Site J-2 and J-3 between February 2015 and February 2018. De Arce depo., 13: 21 – 14: 12. 7. A true and correct copy of the full executed or completed “MDT Zone J Schedule Site List” forms, to include RAAM Inspector columns, for Zone J between February 2015 and February 2018, for both litter cycles and maintenance cycles. De Arce depo., 25: 25 – 26: 8. 8. Any and all written communications between the Defendant, MIAMI-DADE COUNTY, and the Defendant, GINLEY LAWN SERVICE & LANDSCAPING, 2 INC., regarding metal rods, tree nails, or rebar near the bus stop located at SW 244th Street between February 2015 and February 2019. 9. Any and all written communications between the Defendant, MIAMI-DADE COUNTY, and the Defendant, GINLEY LAWN SERVICE & LANDSCAPING, INC., regarding the landscaping to be performed at Site J-2 and J-3between February 2015 and February 13th, 2018. 10. A true and correct copy of any contract, agreement, or document which would identify what date the tree depicted in “Exhibit A” near the bus stop at SW 244th Street was planted or installed, and by whom. 11. A true and correct copy of any reports or records pertaining to deficiencies generated by the RAAM department or the Business Distribution Center for the areas where the Defendant, GINLEY, was providing landscaping or maintenance services near the bust stop at SW 244th Street between February 2015 and February 13th, 2018. See Rivero depo., 14:8-15. 12. A true and correct copy of the contract, including all specifications, for the installation of the tree depicted in “Exhibit A” near the bus stop at SW 244th Street. See Rivero depo., 20:10-16. 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to all counsel of record via electronic mail Served by the Florida E-Portal this _____24th September day of ______________, 2020. By: ___________________________________ /s/ Andres Hermida Andres Hermida, Esq. FBN: 1010725 MORGAN & MORGAN, P.A. Attorneys for Plaintiff 703 Waterford Way, Suite 1050 Miami, FL 33126 Telephone: 305-929-1901 Facsimile: 305-929-1944 AHermida@forthepeople.com JJaime@forthepeople.com 4 SERVICE LIST Counsel for Defendant Miami Dade County Daniel Frastai, Esq. FBN: 0666041 Assistant County Attorney 111 Northwest First Street Miami, FL 33128 Frastai@miamidade.gov Jeane.Neal@miamidade.gov Nicole Ramos-Barreau, Esq. FBN: 85291 Assistant County Attorney 111 Northwest First Street Miami, FL 33128 Nicole.ramos-barreau@miamidade.gov Monica.Barber@miamidade.gov 5 EXHIBIT "A"