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Filing # 75238120 E-Filed 07/19/2018 05:11:10 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
RAUL MEJIA and VIRGINIA LOPEZ, CASE NO. 18-12371 CA 34
Plaintiff,
VS
PEDRO GARCIA, as Property Appraiser of
Miami-Dade County Florida) LEON M
BIEGALSKI, as the Executive Director of the
Florida Department of Revenue; MARCUS
SAIZ DE LA MORA, as Tax Collector of
Miami Dade County Florida,
Defendants.
/
PROPERTY APPRAISER’S RESPONSE TO FIRST REQUEST FOR PRODUCTION
Defendant, PEDRO J. GARCIA, as Property Appraiser of Miami-Dade County, Florida,
by and through undersigned counsel, pursuant to Fla. R. Civ. P. 1.350, hereby responds to
Plaintiffs, RAUL MEJIA and VIRGINIA LOPEZ’s First Request for Production of Documents as
follows
1. A copy of any and all communication between County Defendants, related to
the Plaintiffs and/or the subject property.
Response: The Property Appraiser objects to the statement “between County
Defendants,” as vague in that Request No. 1 does not then clarify the other
party to the communications. Further, any request of this nature would need
to be narrowly tailored to the relevant time and scope of this litigation. The
Plaintiff would have to rewrite Request No. 1 in order for the Property
Appraiser to properly respond.
2. A copy of any and all internal communication between the agents and
employees each County Defendants that is related to the Plaintiffs or the subject property.
Response: The Property Appraiser objects to the statement “between the agents and
employees each County Defendants,” as vague and confusing in thatRequest No. 2 uses disjointed phrases that make the request unintelligible.
Further, any request of this nature would need to be narrowly tailored to the
relevant time and scope of this litigation. The Plaintiff would have to
rewrite Request No. 2 in order for the Property Appraiser to properly
respond.
3. A copy of any and all communication between the county defendants and any
person with knowledge of the subject property or the plaintiffs incident to or related to
imposition of retroactive tax liens on the subject property for tax years 2011 through 2016.
Response
To the extent that production does not violate confidentiality statutes, work
product and/or attorney client privilege, the Property Appraiser has located
and will produce any documents in its possession, custody, and control that
are responsive
4, Any and all documents obtained by the County Defendants prior to the
imposition of retroactive tax liens for tax years 2011 through 2016, or upon which the County
Defendants rely upon to support of retroactive tax liens for tax years 2011 through 2016.
Response
The Property Appraiser objects to the statement “Any and all documents
obtained by the County Defendants prior to the imposition of retroactive tax
liens for tax years 2011 through 2016,” as overbroad in that Request No. 2
is not narrowly tailored to the relevant time and scope of this litigation.
Nonetheless, to the extent that production does not violate confidentiality
statutes, work product and/or attorney client privilege, the Property
Appraiser has located and will produce any documents in its possession,
custody, and control that are responsive to the second half of the request —
ie. “Any and all documents . . . upon which the County Defendants rely
upon to support [the] retroactive tax liens for the tax years 2011 through
2016.”
5. A copy of any and all documents that is related to the subject property or
plaintiffs which are related to retroactive tax liens for tax years 2011 through 2016.
Response: —_ To the extent that production does not violate confidentiality statutes, work
product and/or attorney client privilege, the Property Appraiser has located
and will produce any documents in its possession, custody, and control that
are responsive.
6. A copy of any and all documents from whatever source evidencing the County
Defendants’ determination of rental of homestead of the subject property for tax years 2011
through 2016.
Response: To the extent that production does not violate confidentiality statutes, work
product and/or attorney client privilege, the Property Appraiser has locatedand will produce any documents in its possession, custody, and control that
are responsive
7. A copy of any and all documents showing the County Defendants’ calculations
of retroactive tax penalties and interest for tax years 2011 through 2016.
Response: The Property Appraiser has located and will produce documents in its
possession, custody, and control that are responsive to this Request.
8. A copy of any and all documents that formed the basis for the County
Defendants’ determination that the subject property was rented for tax years 2011, 2012,
2014, 2015, 2016.
Response: — The Property Appraiser objects to Request No. 8 as duplicative of Request
No. 6. Notwithstanding the preceding objection, see response to Request
No. 6.
9. A copy of any and all documents showing the application of payments and
credits toward the retroactive tax liens for tax years 2011 through 2016 and accrued interest
and penalties against the subject property arising from the imposition of the retroactive tax
liens for tax years 2011 through 2016.
Response: The Property Appraiser has located and will produce documents in its
possession, custody, and control that are responsive to this Request.
10. A copy of any and all documents listed in response to the 9" interrogatory.
Response: _ To the extent that production does not violate confidentiality statutes, work
product and/or attorney client privilege, the Property Appraiser has located
and will produce any documents in its possession, custody, and control that
are responsive
11. A copy of any and all testamentary documents including but not limited to
affidavits, declarations, depositions, written statements from any persons on whom the
County Defendants relied in imposing their retroactive tax liens for tax years 2011 through
2016.
Response: The Property Appraiser does not have any documents or communications in
its possession, custody, and control that are responsive to this Request.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served this 19"
day of July, 2018 via e-mail generated by the Florida Courts E-Filing Portal to: Andre A. Gibson,
Esq., 45 NE 67th Street, North Miami Beach, FL 33162, AAGibson@Gibsontaxlaw.com,
Efile@Gibsontaxlaw.com.
Respectfully submitted,
ABIGAIL PRICE-WILLIAMS
Miami-Dade County Attorney
Stephen P. Clark Center, Suite 2810
111 Northwest First Street
Miami, Florida 33128-1993
By: /s/ Michael J. Mastrucci
Michael J. Mastrucci
Assistant County Attorney
Florida Bar No. 86130
Telephone: (305) 375-5151
Facsimile: (305) 375-5634
E-mail:Michael.Mastrucci@miamidade.gov
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Filing # 75238120 E-Filed 07/19/2018 05:11:10 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION RAUL MEJIA and VIRGINIA LOPEZ, CASE NO. 18-12371 CA 34 Plaintiff, VS PEDRO GARCIA, as Property Appraiser of Miami-Dade County Florida) LEON M BIEGALSKI, as the Executive Director of the Florida Department of Revenue; MARCUS SAIZ DE LA MORA, as Tax Collector of Miami Dade County Florida, Defendants. / PROPERTY APPRAISER’S RESPONSE TO FIRST REQUEST FOR PRODUCTION Defendant, PEDRO J. GARCIA, as Property Appraiser of Miami-Dade County, Florida, by and through undersigned counsel, pursuant to Fla. R. Civ. P. 1.350, hereby responds to Plaintiffs, RAUL MEJIA and VIRGINIA LOPEZ’s First Request for Production of Documents as follows 1. A copy of any and all communication between County Defendants, related to the Plaintiffs and/or the subject property. Response: The Property Appraiser objects to the statement “between County Defendants,” as vague in that Request No. 1 does not then clarify the other party to the communications. Further, any request of this nature would need to be narrowly tailored to the relevant time and scope of this litigation. The Plaintiff would have to rewrite Request No. 1 in order for the Property Appraiser to properly respond. 2. A copy of any and all internal communication between the agents and employees each County Defendants that is related to the Plaintiffs or the subject property. Response: The Property Appraiser objects to the statement “between the agents and employees each County Defendants,” as vague and confusing in thatRequest No. 2 uses disjointed phrases that make the request unintelligible. Further, any request of this nature would need to be narrowly tailored to the relevant time and scope of this litigation. The Plaintiff would have to rewrite Request No. 2 in order for the Property Appraiser to properly respond. 3. A copy of any and all communication between the county defendants and any person with knowledge of the subject property or the plaintiffs incident to or related to imposition of retroactive tax liens on the subject property for tax years 2011 through 2016. Response To the extent that production does not violate confidentiality statutes, work product and/or attorney client privilege, the Property Appraiser has located and will produce any documents in its possession, custody, and control that are responsive 4, Any and all documents obtained by the County Defendants prior to the imposition of retroactive tax liens for tax years 2011 through 2016, or upon which the County Defendants rely upon to support of retroactive tax liens for tax years 2011 through 2016. Response The Property Appraiser objects to the statement “Any and all documents obtained by the County Defendants prior to the imposition of retroactive tax liens for tax years 2011 through 2016,” as overbroad in that Request No. 2 is not narrowly tailored to the relevant time and scope of this litigation. Nonetheless, to the extent that production does not violate confidentiality statutes, work product and/or attorney client privilege, the Property Appraiser has located and will produce any documents in its possession, custody, and control that are responsive to the second half of the request — ie. “Any and all documents . . . upon which the County Defendants rely upon to support [the] retroactive tax liens for the tax years 2011 through 2016.” 5. A copy of any and all documents that is related to the subject property or plaintiffs which are related to retroactive tax liens for tax years 2011 through 2016. Response: —_ To the extent that production does not violate confidentiality statutes, work product and/or attorney client privilege, the Property Appraiser has located and will produce any documents in its possession, custody, and control that are responsive. 6. A copy of any and all documents from whatever source evidencing the County Defendants’ determination of rental of homestead of the subject property for tax years 2011 through 2016. Response: To the extent that production does not violate confidentiality statutes, work product and/or attorney client privilege, the Property Appraiser has locatedand will produce any documents in its possession, custody, and control that are responsive 7. A copy of any and all documents showing the County Defendants’ calculations of retroactive tax penalties and interest for tax years 2011 through 2016. Response: The Property Appraiser has located and will produce documents in its possession, custody, and control that are responsive to this Request. 8. A copy of any and all documents that formed the basis for the County Defendants’ determination that the subject property was rented for tax years 2011, 2012, 2014, 2015, 2016. Response: — The Property Appraiser objects to Request No. 8 as duplicative of Request No. 6. Notwithstanding the preceding objection, see response to Request No. 6. 9. A copy of any and all documents showing the application of payments and credits toward the retroactive tax liens for tax years 2011 through 2016 and accrued interest and penalties against the subject property arising from the imposition of the retroactive tax liens for tax years 2011 through 2016. Response: The Property Appraiser has located and will produce documents in its possession, custody, and control that are responsive to this Request. 10. A copy of any and all documents listed in response to the 9" interrogatory. Response: _ To the extent that production does not violate confidentiality statutes, work product and/or attorney client privilege, the Property Appraiser has located and will produce any documents in its possession, custody, and control that are responsive 11. A copy of any and all testamentary documents including but not limited to affidavits, declarations, depositions, written statements from any persons on whom the County Defendants relied in imposing their retroactive tax liens for tax years 2011 through 2016. Response: The Property Appraiser does not have any documents or communications in its possession, custody, and control that are responsive to this Request.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served this 19" day of July, 2018 via e-mail generated by the Florida Courts E-Filing Portal to: Andre A. Gibson, Esq., 45 NE 67th Street, North Miami Beach, FL 33162, AAGibson@Gibsontaxlaw.com, Efile@Gibsontaxlaw.com. Respectfully submitted, ABIGAIL PRICE-WILLIAMS Miami-Dade County Attorney Stephen P. Clark Center, Suite 2810 111 Northwest First Street Miami, Florida 33128-1993 By: /s/ Michael J. Mastrucci Michael J. Mastrucci Assistant County Attorney Florida Bar No. 86130 Telephone: (305) 375-5151 Facsimile: (305) 375-5634 E-mail:Michael.Mastrucci@miamidade.gov