Loading...
11-24-09 Item 3B2IN THE CIRCUIT COURT OF THE 11TH CA JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA CASE NO.: 09 -81417 CA 27 W. AJIBOLA BALOGUN, Plaintiff, V. CITY OF SOUTH MIAMI, FLORIDA Defendant. NOTICE OF TAKING DEPOSITION DUCES TECUM TO: Maria M. Menendez, City Clerk City of South Miami 6130. Sunset Drive South Miami, Florida 33143 PLEASE TAKE NOTICE that the undersigned attorney will take the deposition of the following person at the time and place stated below: NAME: Maria M. Menendez DATE: Tuesday, December 1, 2009 TIME: 10:00 a.m. PLACE: Neil Flaxman, P.A. Brickell Bayview Centre, Suite 3100 80 Southwest 8t' Street Miami, Florida 33130 Please bring with you any documents, inclusive of all e- mails, entries, memorandums, letters, or other writings which in any way relate to the providing of public records in accordance with the attached public records request. Upon examination for purposes of discovery or use as evidence in this action, or for such other purposes as authorized under applicable statutes and /or rules of court, before a court Reporter or before some other officer authorized by law to administer oaths, who is not a relative, or employee, or attorney or counsel, or financially interested in the action, and pursuant to adjournments, if any, by said officer until said testimony shall be completed. This deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure, by said officer until said testimony shall be completed. Neil Flaxman, P.A. Attorney for Plaintiff Brickell Bayview Centre, Suite 3100 80 Southwest 8th Street Miami, Florida 33 X30 Tel: 305-810- 78 Fax:305r$LO 8 L Neil Flaxman, Esq. Florida Bar No. 025299 CERTIFICATE OF SERVICE I HEREBY CERTIFY t at a true and correct copy of the foregoing was sent via U.S. Mail and facsimile on this R day of November, 2009 to: Mark Goldstein, Esq. Rothstein Rosenfeldt Adler 100 SE 2nd Street Suite 3300 Miami, Florida 33131 Fax: 305-381-7116 Laurence Feingold, Esq. City Attorney for City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Fax: 305-663-6348 2 Loan Neil Flaxman, E4q. Florida Bar No. 025 Law Office of Neil Fla=an Professional Association Neil Flaxman Attorney at Law - Florida Bar Board Certified Labor & Employement Law - Florida Supreme Court Certified Mediator October 9, 2009 Maria M. Menendez, City Clerk City of South Miami 6130 Sunset Drive City Hall, 1 s' Floor South Miami, Florida 33143 RE: Public Records Request/ W. Ajibola Balogun Dear Ms. Menendez: Amber Flaxman Young Attorney at Law In accordance with Chapter 119 Florida Statutes, I am requesting copies of the following for the period of January 1, 2009 to date: 1. All telephone records, inclusive of cellular phone records, which pertain to any calls made or received by any City commission members, Vice -Mayor and Mayor from the period of January 1, 2009 to the date of this request. 2. All documents which pertain to the former City manager, W. Ajibola. Balogun, to or from any City commissioner, Vice -Mayor and the Mayor. The words "pertain to" or "pertaining to" mean: relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts. The term document includes any writing inclusive but not limited to email or other electronic transmissions, memorandums, letters, reports, drafts, and recorded statements. To, the extent any exemption or privilege is claimed as to any document a privilege log is requested setting forth the nature. of the exemption or privilege and request is made that the document be identified. The word "Identified" when used in reference to a document, means and includes the name and address of the custodian of the writing, the location of the writing and a general description of the 'writing, including (1) the type of writing (i.e., correspondence, memorandum, facsimile etc.); (2) the general subject matter of the writing; (3) the date of the writing; (4) the author of the writing; (5) addressee writing ; and (6) the relationship of the author and addressee to each other. Brickell Bayview Centre • Suite 3100 • 80 Southwest 8th Street • Miami, Florida 33130 305.810.2786 • 1.866.729.5297 • Fax: 305.810.2824 • www.neilflaxman.com flaxy@bellsouth.net I will pay the prescribed cost of duplication as set forth in Chapter 119 Florida Statutes. Please furnish the documentation as duplicated without necessity of completing the entire request before any documentation is forwarded. We are requesting the documentation within the time prescribed by Chapter 119 Florida Statutes. If response to this request will take more than five (5) business days, please advise us within such time as to when the documents can be expected and the reason for the delay. Very Neil L/ Neil Flaxman, Esq. NF /mms Suite 3100 • 80 Southwest 8th Street • Miami, Florida 33130 • 305.810.2786. 1.866.729.5297 • Fax: 305.810.2824 • www.neilflaxman.com flaxy@bellsouth.net IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA CASE NO.: 09 -81417 CA 27 W. AJIBOLA BALOGUN, Plaintiff, V. CITY OF SOUTH MIAMI, FLORIDA Defendant. NOTICE OF TAKING DEPOSITION DUCES TECUM TO: Nkenga "Nikki" Payne, Deputy City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 A1 %I PLEASE TAKE NOTICE that the undersigned attorney will take the deposition of the following person at the time and place stated below: NAME: Nkenga "Nikki" Payne DATE: Tuesday, December 1, 2009 TIME: 11:30 a.m. PLACE: Neil Flaxman, P.A. Brickell Bayview Centre, Suite 3100 80 Southwest 8th Street Miami, Florida 33130 Please bring with you any documents, inclusive of all e- mails, entries, memorandums, letters, or other writings which in any way relate to the providing of public records in accordance with the attached public records request. Upon examination for purposes of discovery or use as evidence in this action, or for such other purposes as authorized under applicable statutes and /or rules of court, before a court Reporter or before some other officer authorized by law to administer oaths, who is not a relative, or employee, or attorney or counsel, or financially interested in the action, and pursuant to adjournments, if any, by said officer until said testimony shall be completed. C Cb This deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure, by said officer until said testimony shall be completed. Neil Flaxman, P.A. Attorney for Plaintiff Brickell Bayview Centre, Suite 3100 80 Southwest 8th Street Miami, Florida 33130 Tel: 305- 810 -2786 Fax: 305 -810- By: / Neil Flaxman, Esq. Florida Bar No. 025299 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S. Mail and facsimile on this day of November, 2009 to: Mark Goldstein, Esq. Rothstein Rosenfeldt Adler 100 SE 2nd Street Suite 3300 Miami, Florida 33131 Fax: 305- 381 -7116 Laurence Feingold, Esq. City Attorney for City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Fax: 305- 663 -6348 2 By: 1 eil Fla xma Esq. Florida Bar No. 025299 Law Office of Neil Flaxrnan Professional Association Neil Flaxman Attomey at Law - Florida Bar Board Certified Labor & Employement Law - Florida Supreme Court Certified Mediator October 9, 2009 Maria M. Menendez, City Clerk City of South Miami 6130 Sunset Drive City Hall, 1St Floor South Miami, Florida 33143 RE: Public Records Request/ W. Ajibola Balogun Dear Ms. Menendez: Me, Amber Flaxman Young Attorney at Law In accordance with Chapter 119 Florida Statutes, I am requesting copies of the following for the period of January 1, 2009 to date: 1. All telephone records, inclusive of cellular phone records, which pertain to any calls made or received by any City commission members, Vice -Mayor and Mayor from the period of January 1, 2009 to the date of this request. 2. All documents which pertain to the former City manager, W. Ajibola Balogun, to or from any City commissioner, Vice -Mayor and the Mayor. The words "pertain to" or "pertaining to" mean: relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts. The term document includes any writing inclusive but not limited to email or other electronic transmissions, memorandums, letters, reports, drafts, and recorded statements. - To the extent any exemption or privilege is claimed as to any document a privilege log is requested setting forth the nature of the exemption or privilege and request is made that the document be identified. The word "Identified" when used in reference to a document, means and includes the name and address of the custodian of the writing, the location of the writing and a general description of the writing , including (1) the type of writing (i.e., correspondence, memorandum, facsimile etc.); (2) the general subject matter of the writing ; (3) the date of the writing; (4) the author of the writing; (5) addressee writing ; and (6) the relationship of the author and addressee to each other. Brickell Bayview Centre • Suite 3100 • 80 Southwest Sth Street • Miami, Florida 33130 305.810.2786 • 1.866.729.5297 • Fax: 305.810.2824 • www.neilflaxman.com flax-y@bellsouth.net I will pay the prescribed cost of duplication as set forth in Chapter 119 Florida Statutes. Please fiunish the documentation as duplicated without necessity of completing the entire request before any documentation is forwarded. We are requesting the documentation within the time prescribed by Chapter 119 Florida Statutes. If response to this request will take more than five (5) business days, please advise us within such time as to when the documents can be expected and the reason for the delay. ivcu riaxman, hsq. NF /mms Suite 3100 • 80 Southwest 8th Street • Miami, Florida 33130 • 305.810.2786. 1.866.729.5297 • Fax: 305.810.2824 • www.neilflaxman.com flaxy@bellsouth.net Law Office of Neil Flax mn Professional Association Neil Flaxman Attorney at Law - Florida Bar Board Certified Labor & Employement Law - Florida Supreme Court Certified Mediator November 12, 2009 Amber Flaxman Young Attorney at Law 3 (bw#) G -� Via U.S. Mail & Email: mgoldstein@rra- law.com Mark A. Goldstein, Esq. City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: W. Ajibola Balogun v. City of South Miami Dear Mr. Goldstein: We communicated on November 10'x' and November 11, 2009 related to your concern of being able to retrieve documents relating to Ajibola Balogun from Commissioner, Vice mayor and Mayor to Commissioner, Vice Mayor or Mayor or from Commissioner, Vice Mayor or Mayor to third parties or from third parties to Commissioner, Vice Mayor or Mayor. It is difficult to understand why obtaining the documents is a problem since it would appear that such documents should be maintained within a system of records within the City either in hard copies or in the computer servers. I indicated I was willing to have an IT individual review the computers and server which is by law available to the public and you advised me that you would contact the acting City Manager and contact me, as of this date I have had no response. In addition, I want to take the deposition of the City Clerk and the Deputy City Clerk and would appreciate it you would give me available dates at this time. As indicated, I must have the documents before mediation. In addition, there must be some records related to the telephone reimbursement or allowance and I have likewise requested such documents. My public records request is now more than a month old without compliance. Very truly Neil Hum NF /mms Cc: Laurence Feingold, Esq. Client i Esq. Brickell Bayview Centre • Suite 3100 • 80 Southwest 8a' Street • Miami, Florida 33130 305.810.2786 • 1.866.729.5297 • Fax: 305.810.2824 • www.neitflaxman.com flaxy@bellsouth.net /�o'X&� Office of the City Manager November 19, 2009 Neal Flaxman, Esquire 80 SW 8th Street, Suite #3100 Miami, Florida 33130 Dear Mr. Flaxman: 3 Cb -s) This is in response to that portion of the November 12, 2009 record requesting records relating to the telephone allowance as well as other matters. Since such documents are repetitious, and occur monthly, and have occurred monthly with the present Commission as long as they have been in office, I attached below the monthly summarization of the telephone allowance you have asked for: Mayor Horace Feliu $ 95.82 Commissioner Newman $ 80.20 Vice Mayor Beasley 80.20 Commissioner Palmer 80.20 Commissioner Sellars -0- You may use the above info as if we handed you a public record for it is the identical information each and every month from the time the above persons have been in office. We do not have telephone records that would show us either the name of the telephone company each Commissioner uses, the total amount of each monthly invoice, or the telephone calls made or received on said cell telephones. Accordingly as to specific detail of each monthly invoice, it is not possible to produce that info which the City of South Miami does not have. In summary, the info above, as to amount of the monthly allowance, is the only info on the subject that is contained in the records of the City of South Miami. I have also conferred with MIS Manager, Gremaf Reyes, who has advised me that he has already reviewed the computers and server, and has provided you with all the info you have requested in your records request. South Miami . bylAbd All-America City 2001 6130 Sunset Drive South Miami, Florida 33143 -5093 • Tel: (305) 663 -6338 • Fax: (305) 663 -6345 www.cftyofsouthmiami.net C/ (b, Neal Flaxman, Esquire Page 2 of 2 Therefore, your new request to have an IT individual of your selection review the computers and server is an unnecessary act as we have already complied with your public records request in this regard. I trust that we have responded and complied with your letter of November 12, 2009. Very t y ours, Laurence Feingold, City A ey Gr R es, S Manager Ma tilde G. Nfbrfendek Fin a ce irector Cc: Roger Carlton, City Manager Mark Goldstein, Assistant City Attorney 6130 Sunset Drive South Miami, Florida 33143 -5093 • Tel: (305) 663 -6338 • Fax: (305) 663 -6345 www.cityofsouthmiami.net Law Office of Neil Flaxman Professional Association Neil Flaxman Attorney at Law - Florida Bar Board Certified Labor & Employement Law - Florida Supreme Court Certified Mediator November 12, 2009 Via U.S. Mail & Email: mgoldstein@rra- law.com Mark A. Goldstein, Esq. City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: W. Ajibola Balogun v. City of South Miami Dear Mr. Goldstein: Amber Flaxman Young Attorney at Law We communicated on November I O b and November 11, 2009 related to your concern of being able to retrieve documents relating to Ajibola Balogun from Commissioner, Vice mayor and Mayor to Commissioner, Vice Mayor or Mayor or from Commissioner, Vice Mayor or Mayor to third parties or from third parties to Commissioner, Vice Mayor or Mayor. It is difficult to understand why obtaining the documents is a problem since it would appear that such documents should be maintained within a system of records within the City either in hard copies or in the computer servers. I indicated I was willing to have an IT individual review the computers and server which is by law available to the public and you advised me that you would contact the acting City Manager and contact me, as of this date I have had no response. In addition, I want to take the deposition of the City Clerk and the Deputy City Clerk and would appreciate it you would give me available dates at this time. As indicated, I must have the documents before mediation. In addition, there must be some records related to the telephone reimbursement or allowance and I have likewise requested such documents. My public records request is now more than a month old without compliance. Very truly Neil Flam NF/nuns Cc: Laurence.Feingold, Esq. Client Esq. Brickell Bayview Centre • Suite 3100 • 80 Southwest 8t' Street • Miami, Florida 33130 305.810.2786 • 1.866.729.5297 • Fax: 305.810.2824 • www.neilfla=an.com flaxy@bellsouth.net 11 WE