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Filing # 83460226 E-Filed 01/16/2019 03:55:15 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL ACTION
RAUL MEJIA, and VIRGINIA LOPEZ
vs.
Plaintiffs,
CASE NO.: 2018-12371-CA
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.
/
SUBPOENA DUCES TECUM FOR DEPOSITION
THE STATE OF FLORIDA:
TO:
Michael Postell
2207 SW 16th Terrace
Fort. Lauderdale, FL 33315
YOU ARE COMMANDED to appear before a person authorized by law to take
depositions at Prestige Court Reporting, located at 633 South Andrews Avenue, Suite 202,
Fort Lauderdale, FL 33301 on March 14, 2019 at 10:30 AM, for the taking of your
deposition in this action and to have with you at that time and place the following
documents:
SEE EXHIBIT “A”
If you fail to appear, you may be in contempt of court. You are subpoenaed by the
attorney(s) whose name(s) appear on this subpoena and unless excused from this subpoena
by the attorney(s) or the court, you shall respond to this subpoena as directed.Definitions and Instructions
1. You may condition the preparation of the copies upon the payment in
advance of the reasonable cost of preparation.
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 Subpoena 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 Subpoena 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 Subpoena 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” means the Michael Postell, individually and as
former employee of the Miami-Dade County Property Appraiser.
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
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, (©) 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,
Page 2 of 4partnerships, limited partnerships, joint ventures, trusts, estates, associations,
public agencies, departments, bureaus and board.
(b) “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.
DATED this 16» day of January, 2019.
FOR THE COURT
André A. Gibson
Attorney for Plaintiffs
Respectfully submitted,
ANDRE 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: (805) 652-4900
E-Mail: AAGibson@Gibsontaxlaw.com
Secondary E-Mail: Efile@Gibsontaxlaw.com
Page 3 of 4EXHIBIT “A”
DUCES TECUM
Please have with you at said time and place the following:
1. A copy of any and all documents related to the retroactive tax liens for tax years
2011 through 2016 on the property described by Folio No.: 31-2211-089-1220
2. Any and all documents used to support your answers to interrogatories dated July
12, 2018.
Page 4 of 4
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Filing # 83460226 E-Filed 01/16/2019 03:55:15 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL ACTION RAUL MEJIA, and VIRGINIA LOPEZ vs. Plaintiffs, CASE NO.: 2018-12371-CA 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. / SUBPOENA DUCES TECUM FOR DEPOSITION THE STATE OF FLORIDA: TO: Michael Postell 2207 SW 16th Terrace Fort. Lauderdale, FL 33315 YOU ARE COMMANDED to appear before a person authorized by law to take depositions at Prestige Court Reporting, located at 633 South Andrews Avenue, Suite 202, Fort Lauderdale, FL 33301 on March 14, 2019 at 10:30 AM, for the taking of your deposition in this action and to have with you at that time and place the following documents: SEE EXHIBIT “A” If you fail to appear, you may be in contempt of court. You are subpoenaed by the attorney(s) whose name(s) appear on this subpoena and unless excused from this subpoena by the attorney(s) or the court, you shall respond to this subpoena as directed.Definitions and Instructions 1. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. 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 Subpoena 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 Subpoena 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 Subpoena 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” means the Michael Postell, individually and as former employee of the Miami-Dade County Property Appraiser. 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 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, (©) 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, Page 2 of 4partnerships, limited partnerships, joint ventures, trusts, estates, associations, public agencies, departments, bureaus and board. (b) “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. DATED this 16» day of January, 2019. FOR THE COURT André A. Gibson Attorney for Plaintiffs Respectfully submitted, ANDRE 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: (805) 652-4900 E-Mail: AAGibson@Gibsontaxlaw.com Secondary E-Mail: Efile@Gibsontaxlaw.com Page 3 of 4EXHIBIT “A” DUCES TECUM Please have with you at said time and place the following: 1. A copy of any and all documents related to the retroactive tax liens for tax years 2011 through 2016 on the property described by Folio No.: 31-2211-089-1220 2. Any and all documents used to support your answers to interrogatories dated July 12, 2018. Page 4 of 4