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Filing # 107062642 E-Filed 05/05/2020 11:29:26 AM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
LAMAR MITCHELL, GENERAL JURISDICTION DIVISION
Plaintiff, CASE NO. 19-8931 CA 01 (02)
v.
MIAMI-DADE COUNTY, and
GINLEY LAWN SERVICE &
LANDSCAPING, INS.,
a Florida for Profit Corporation,
Defendants.
MIAMI-DADE COUNTY’S RESPONSE TO DEFENDANT, GINLEY LAWN
SERVICE & LANDSCAPING, INC’S FIRST REQUEST FOR
PRODUCTION SERVED FEBRUARY 18, 2020
Defendant, MIAMI-DADE COUNTY, by and through undersigned counsel, and pursuant to
Florida Rule of Civil Procedure 1.350, hereby responds to Defendant, Ginley Lawn Service &
Landscaping, Inc.’s First Request for Production served February 18, 2020 as follows:
1. Full and complete copies of any and all documents, reports, and/or materials relating to all
inspections and/or maintenance of the alleged incident area, Miami-Dade Transit bus
station located at the corner of US-1 and SW 244th Street, Miami, Florida 33032 (“incident
area”) and its surroundings from October 15, 2017 to May 15, 2018.
Response:
See attached Inspection Site Reports Bate Stamps Numbers MDC0001-0029.
2. All contracts/agreements between Miami-Dade County and Ginley Lawn Service &
Landscaping, Inc.’s and any other company, general contractor and/or subcontractor
involved in projects relating to the landscaping maintenance, litter pick-up and removal,
etc.
Response:
See attached Project Contract Bate Stamps Numbers MDC0030-0078.
OFFIC E OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE 305.375.5151
LAMAR MITCHELL v. MIAMI-DADE COUNTY
and GINLEY LAWN SERVICE & LANDSCAPING, INC.,
CASE NO. 19-8931 CA 01 (02)
3. Any and all correspondence between your company and any other person/entity involved in
the landscaping maintenance, litter pick-up and removal, etc., which relate to the subject
incident.
Response:
Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such
a request is by definition overly broad in both its time and scope. See Edward J.
th
Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5 DCA 1986). Without waiving said
objection, none.
4. Full and complete copies of any and all correspondence, including but not limited to letters,
e-mails, etc., between Miami-Dade County and Ginley Lawn Service & Landscaping, Inc.
which relate to all inspections and/or maintenance of the alleged incident area and its
surroundings from October 15, 2017 to May 15, 2018.
Response:
Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such
a request is by definition overly broad in both its time and scope. See Edward J.
th
Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5 DCA 1986). Without waiving said
objection, none.
5. Full and complete copies of any and all correspondence, including but not limited to letters,
e-mails, etc., between Miami-Dade County and Ginley Lawn Service & Landscaping, Inc.
which relate to projects involving the removal of large objects from October 15, 2017 to
May 15, 2018.
Response:
Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such
a request is by definition overly broad in both its time and scope. See Edward J.
th
Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5 DCA 1986). Without waiving said
objection, none.
6. Full and complete copies of any and all correspondence, including but not limited to letters,
e-mails, etc., between Miami-Dade County and Ginley Lawn Service & Landscaping, Inc.
which relate to the subject incident.
Response:
Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such
a request is by definition overly broad in both its time and scope. See Edward J.
Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5th DCA 1986). Without waiving said
objection, none.
Page 2 of 5
OFFIC E OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE 305.375.5151
LAMAR MITCHELL v. MIAMI-DADE COUNTY
and GINLEY LAWN SERVICE & LANDSCAPING, INC.,
CASE NO. 19-8931 CA 01 (02)
7. Full and complete copies of any and all bills, invoices, receipts, purchase orders, documents
relating to compensation, etc. between Miami-Dade County and Ginley Lawn Service &
Landscaping, Inc. which relate to projects involving the removal of large objects from
October 15, 2017 to May 15, 2018.
Response:
See attached invoices from Ginley Lawn Service & Landscpaing Inc. from October 4,
2017 thru May 16, 2018 Bate Stamps Numbers MDC0079-0106.
8. All inspection reports, including the full name and contact information of all inspectors,
who visited the incident area prior to and after Ginley Lawn Service & Landscaping, Inc.
performed their maintenance services from October 15, 2017 to May 15, 2018.
Response:
See response to RFP No. 1.
9. Any and all photographs and videos (reproduction from negatives or laser copies, not
photocopies) of all site inspections of the incident area prior to and after Ginley Lawn
Service & Landscaping, Inc. performed their maintenance services from October 15, 2017
to May 15, 2018.
Response:
Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such
a request is by definition overly broad in both its time and scope. See Edward J.
Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5th DCA 1986). Without waiving said
objection, none.
10. Any and all reports, statements, or written opinions prepared by any expert(s) retained by
Miami-Dade and expected to testify at trial.
Response:
Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such
a request is by definition overly broad in both its time and scope. See Edward J.
Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5th DCA 1986). Without waiving said
objection, none.
11. Any and all statements (recorded or written) taken by Miami-Dade as a result of the
incident alleged in the Plaintiff’s Amended Complaint.
Response:
Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such
a request is by definition overly broad in both its time and scope. See Edward J.
Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5th DCA 1986). Without waiving said
objection, none.
Page 3 of 5
OFFIC E OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE 305.375.5151
LAMAR MITCHELL v. MIAMI-DADE COUNTY
and GINLEY LAWN SERVICE & LANDSCAPING, INC.,
CASE NO. 19-8931 CA 01 (02)
12. Any and all statements (recorded or written) taken by Miami-Dade in this lawsuit,
including Ginley Lawn Service & Landscaping, Inc. via its employees, agents, or
representatives, as a result of the incident alleged in the Plaintiff’s Amended Complaint.
Response:
Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such
a request is by definition overly broad in both its time and scope. See Edward J.
th
Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5 DCA 1986). Without waiving said
objection, none.
13. Any and all statements (recorded or written) taken of any witness to the incident alleged in
the Plaintiff’s Amended Complaint.
Response:
Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such
a request is by definition overly broad in both its time and scope. See Edward J.
th
Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5 DCA 1986). Without waiving said
objection, none.
14. Any and all documents reflecting any communications sent to Ginley Lawn Service &
Landscaping, Inc., either before or after the incident complained of, relating to the
allegations raised in the Amended Complaint.
Response:
Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such
a request is by definition overly broad in both its time and scope. See Edward J.
Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5th DCA 1986). Without waiving said
objection, none.
Respectfully submitted,
ABIGAIL PRICE-WILLIAMS
Miami-Dade County Attorney
Attorney for Defendant Miami-Dade County
Stephen P. Clark Center, Suite 2810
111 Northwest First Street
Miami, Florida 33128-1993
By: /s/Daniel Frastai
Daniel Frastai
Assistant County Attorney
Florida Bar Number 0666041
Telephone: (305) 375-5480
Fax: (305) 375-5634
Email: Frastai@miamidade.gov
Ana.Abrahantes-Garcia@miamidade.gov
Page 4 of 5
OFFIC E OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE 305.375.5151
LAMAR MITCHELL v. MIAMI-DADE COUNTY
and GINLEY LAWN SERVICE & LANDSCAPING, INC.,
CASE NO. 19-8931 CA 01 (02)
CERTIFICATE OF SERVICE
I certify that the foregoing document has been e-mailed to all parties of record on May 5,
2020 to the e-mail address(es) each has registered with the Florida Courts E-Filing Portal.
/s/Daniel Frastai
Assistant County Attorney
Page 5 of 5
OFFIC E OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE 305.375.5151
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Filing # 107062642 E-Filed 05/05/2020 11:29:26 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA LAMAR MITCHELL, GENERAL JURISDICTION DIVISION Plaintiff, CASE NO. 19-8931 CA 01 (02) v. MIAMI-DADE COUNTY, and GINLEY LAWN SERVICE & LANDSCAPING, INS., a Florida for Profit Corporation, Defendants. MIAMI-DADE COUNTY’S RESPONSE TO DEFENDANT, GINLEY LAWN SERVICE & LANDSCAPING, INC’S FIRST REQUEST FOR PRODUCTION SERVED FEBRUARY 18, 2020 Defendant, MIAMI-DADE COUNTY, by and through undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.350, hereby responds to Defendant, Ginley Lawn Service & Landscaping, Inc.’s First Request for Production served February 18, 2020 as follows: 1. Full and complete copies of any and all documents, reports, and/or materials relating to all inspections and/or maintenance of the alleged incident area, Miami-Dade Transit bus station located at the corner of US-1 and SW 244th Street, Miami, Florida 33032 (“incident area”) and its surroundings from October 15, 2017 to May 15, 2018. Response: See attached Inspection Site Reports Bate Stamps Numbers MDC0001-0029. 2. All contracts/agreements between Miami-Dade County and Ginley Lawn Service & Landscaping, Inc.’s and any other company, general contractor and/or subcontractor involved in projects relating to the landscaping maintenance, litter pick-up and removal, etc. Response: See attached Project Contract Bate Stamps Numbers MDC0030-0078. OFFIC E OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA TELEPHONE 305.375.5151 LAMAR MITCHELL v. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE & LANDSCAPING, INC., CASE NO. 19-8931 CA 01 (02) 3. Any and all correspondence between your company and any other person/entity involved in the landscaping maintenance, litter pick-up and removal, etc., which relate to the subject incident. Response: Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such a request is by definition overly broad in both its time and scope. See Edward J. th Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5 DCA 1986). Without waiving said objection, none. 4. Full and complete copies of any and all correspondence, including but not limited to letters, e-mails, etc., between Miami-Dade County and Ginley Lawn Service & Landscaping, Inc. which relate to all inspections and/or maintenance of the alleged incident area and its surroundings from October 15, 2017 to May 15, 2018. Response: Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such a request is by definition overly broad in both its time and scope. See Edward J. th Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5 DCA 1986). Without waiving said objection, none. 5. Full and complete copies of any and all correspondence, including but not limited to letters, e-mails, etc., between Miami-Dade County and Ginley Lawn Service & Landscaping, Inc. which relate to projects involving the removal of large objects from October 15, 2017 to May 15, 2018. Response: Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such a request is by definition overly broad in both its time and scope. See Edward J. th Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5 DCA 1986). Without waiving said objection, none. 6. Full and complete copies of any and all correspondence, including but not limited to letters, e-mails, etc., between Miami-Dade County and Ginley Lawn Service & Landscaping, Inc. which relate to the subject incident. Response: Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such a request is by definition overly broad in both its time and scope. See Edward J. Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5th DCA 1986). Without waiving said objection, none. Page 2 of 5 OFFIC E OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA TELEPHONE 305.375.5151 LAMAR MITCHELL v. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE & LANDSCAPING, INC., CASE NO. 19-8931 CA 01 (02) 7. Full and complete copies of any and all bills, invoices, receipts, purchase orders, documents relating to compensation, etc. between Miami-Dade County and Ginley Lawn Service & Landscaping, Inc. which relate to projects involving the removal of large objects from October 15, 2017 to May 15, 2018. Response: See attached invoices from Ginley Lawn Service & Landscpaing Inc. from October 4, 2017 thru May 16, 2018 Bate Stamps Numbers MDC0079-0106. 8. All inspection reports, including the full name and contact information of all inspectors, who visited the incident area prior to and after Ginley Lawn Service & Landscaping, Inc. performed their maintenance services from October 15, 2017 to May 15, 2018. Response: See response to RFP No. 1. 9. Any and all photographs and videos (reproduction from negatives or laser copies, not photocopies) of all site inspections of the incident area prior to and after Ginley Lawn Service & Landscaping, Inc. performed their maintenance services from October 15, 2017 to May 15, 2018. Response: Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such a request is by definition overly broad in both its time and scope. See Edward J. Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5th DCA 1986). Without waiving said objection, none. 10. Any and all reports, statements, or written opinions prepared by any expert(s) retained by Miami-Dade and expected to testify at trial. Response: Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such a request is by definition overly broad in both its time and scope. See Edward J. Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5th DCA 1986). Without waiving said objection, none. 11. Any and all statements (recorded or written) taken by Miami-Dade as a result of the incident alleged in the Plaintiff’s Amended Complaint. Response: Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such a request is by definition overly broad in both its time and scope. See Edward J. Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5th DCA 1986). Without waiving said objection, none. Page 3 of 5 OFFIC E OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA TELEPHONE 305.375.5151 LAMAR MITCHELL v. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE & LANDSCAPING, INC., CASE NO. 19-8931 CA 01 (02) 12. Any and all statements (recorded or written) taken by Miami-Dade in this lawsuit, including Ginley Lawn Service & Landscaping, Inc. via its employees, agents, or representatives, as a result of the incident alleged in the Plaintiff’s Amended Complaint. Response: Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such a request is by definition overly broad in both its time and scope. See Edward J. th Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5 DCA 1986). Without waiving said objection, none. 13. Any and all statements (recorded or written) taken of any witness to the incident alleged in the Plaintiff’s Amended Complaint. Response: Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such a request is by definition overly broad in both its time and scope. See Edward J. th Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5 DCA 1986). Without waiving said objection, none. 14. Any and all documents reflecting any communications sent to Ginley Lawn Service & Landscaping, Inc., either before or after the incident complained of, relating to the allegations raised in the Amended Complaint. Response: Objection. Defendant objects to requests that are phrased “all” or “any and all.” Such a request is by definition overly broad in both its time and scope. See Edward J. Debartolo Corp. v. Petrin, 497 So.2d 936 (Fla. 5th DCA 1986). Without waiving said objection, none. Respectfully submitted, ABIGAIL PRICE-WILLIAMS Miami-Dade County Attorney Attorney for Defendant Miami-Dade County Stephen P. Clark Center, Suite 2810 111 Northwest First Street Miami, Florida 33128-1993 By: /s/Daniel Frastai Daniel Frastai Assistant County Attorney Florida Bar Number 0666041 Telephone: (305) 375-5480 Fax: (305) 375-5634 Email: Frastai@miamidade.gov Ana.Abrahantes-Garcia@miamidade.gov Page 4 of 5 OFFIC E OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA TELEPHONE 305.375.5151 LAMAR MITCHELL v. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE & LANDSCAPING, INC., CASE NO. 19-8931 CA 01 (02) CERTIFICATE OF SERVICE I certify that the foregoing document has been e-mailed to all parties of record on May 5, 2020 to the e-mail address(es) each has registered with the Florida Courts E-Filing Portal. /s/Daniel Frastai Assistant County Attorney Page 5 of 5 OFFIC E OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA TELEPHONE 305.375.5151