On April 17, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Lopez, Virginia,
Mejia, Raul,
and
Biegalski,
De La Mora,
Lopez,
for Declaratory Judgment
in the District Court of Miami-Dade County.
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Filing # 114308083 E-Filed 10/01/2020 10:12:50 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
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.
______________________________________________/
PLAINTIFFS’ MOTION FOR ENLARGEMENT OF TIME
TO RESPOND TO DEFENDANTS’ PROPERTY APPRAISER DISCOVERY
REQUESTS
Plaintiffs, Plaintiffs, Raul Mejia (hereinafter “MEJIA”) and Virginia Lopez
(Hereinafter LOPEZ”) (collectively, “Plaintiffs”) by and through their undersigned counsel,
pursuant to Fla. R. Civ. P. 1.090(b), 1.350(b), and 1.340(a) files this Motion for enlargement
of time to Respond to Defendant Property Appraiser of Miami-Dade County’s Request for
production and Interrogatories and states:
1. Propounded request for production and interrogatories on Plaintiffs on
September 2, 2020.
2. Pursuant to Fla. R. Civ. P. 1.350(b) and 1.340(a), Plaintiffs are required to file
a response on or before October 2, 2020.
3. Plaintiffs and their counsels have conferred on several occasions to address the
discovery requests, however, due to the age, and health of the Plaintiffs and also counsel’s
calendar due to personal emergencies, Plaintiffs and counsels have not been able to meet to
finalize the responses and gather documents responsive to the requests.
4. Plaintiff’s anticipate that a ten-day enlargement of time will be necessary to
Page 1 of 3
accord them time to respond to the discovery requests.
MEMORANDUM OF LAW
Rule 1.090(b)(1)(A), Florida Rules of Civil Procedure provides,
“When an act is required or allowed to be done at or within a specified time by
order of court, by these rules, or by notice given thereunder, for cause shown
the court at any time in its discretion:
(A) with or without notice, may order the period enlarged if request therefor is
made before the expiration of the period originally prescribed or as extended
by a previous order.
Id. This court has not previously extended the time to respond to this discovery
request and Plaintiff will not be prejudiced by the enlargement of time.
GOOD FAITH CERTIFICATION
The undersigned hereby certify that this request is being made for the reasons stated
above and not for a dilatory purpose.
The undersigned has conferred with Plaintiff’s counsel who has stated that the
Property Appraiser and Tax Collector has no objection.
Wherefore, Plaintiffs request that this honorable Court grant its request for
enlargement of time by 10 days; and any other relief the Court deem just and proper.
ANDRÉ GIBSON, CHARTERED
Andre A. Gibson
Attorney for Plaintiffs, Virginia and Raul Mejia
Florida Bar Number: 0635529
45 NE 67th Street,
North Miami Beach, FL 33162
Telephone: (305) 652-4900
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
Page 2 of 3
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 1st day of October, 2020.
André A. Gibson
Attorney for Plaintiffs
Page 3 of 3
Document Filed Date
October 01, 2020
Case Filing Date
April 17, 2018
Category
Declaratory Judgment
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Filing # 114308083 E-Filed 10/01/2020 10:12:50 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA 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. ______________________________________________/ PLAINTIFFS’ MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANTS’ PROPERTY APPRAISER DISCOVERY REQUESTS Plaintiffs, Plaintiffs, Raul Mejia (hereinafter “MEJIA”) and Virginia Lopez (Hereinafter LOPEZ”) (collectively, “Plaintiffs”) by and through their undersigned counsel, pursuant to Fla. R. Civ. P. 1.090(b), 1.350(b), and 1.340(a) files this Motion for enlargement of time to Respond to Defendant Property Appraiser of Miami-Dade County’s Request for production and Interrogatories and states: 1. Propounded request for production and interrogatories on Plaintiffs on September 2, 2020. 2. Pursuant to Fla. R. Civ. P. 1.350(b) and 1.340(a), Plaintiffs are required to file a response on or before October 2, 2020. 3. Plaintiffs and their counsels have conferred on several occasions to address the discovery requests, however, due to the age, and health of the Plaintiffs and also counsel’s calendar due to personal emergencies, Plaintiffs and counsels have not been able to meet to finalize the responses and gather documents responsive to the requests. 4. Plaintiff’s anticipate that a ten-day enlargement of time will be necessary to Page 1 of 3 accord them time to respond to the discovery requests. MEMORANDUM OF LAW Rule 1.090(b)(1)(A), Florida Rules of Civil Procedure provides, “When an act is required or allowed to be done at or within a specified time by order of court, by these rules, or by notice given thereunder, for cause shown the court at any time in its discretion: (A) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order. Id. This court has not previously extended the time to respond to this discovery request and Plaintiff will not be prejudiced by the enlargement of time. GOOD FAITH CERTIFICATION The undersigned hereby certify that this request is being made for the reasons stated above and not for a dilatory purpose. The undersigned has conferred with Plaintiff’s counsel who has stated that the Property Appraiser and Tax Collector has no objection. Wherefore, Plaintiffs request that this honorable Court grant its request for enlargement of time by 10 days; and any other relief the Court deem just and proper. ANDRÉ GIBSON, CHARTERED Andre A. Gibson Attorney for Plaintiffs, Virginia and Raul Mejia Florida Bar Number: 0635529 45 NE 67th Street, North Miami Beach, FL 33162 Telephone: (305) 652-4900 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 Page 2 of 3 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 1st day of October, 2020. André A. Gibson Attorney for Plaintiffs Page 3 of 3