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Filing # 85582773 E-Filed 02/27/2019 12:33:34 PM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT


IN AND FOR MIAMI-DADE COUNTY, FLORIDA
Case No.: 2018-034893

STEVEN MIRO

Plaintiff, Expedited Treatment


v. Required by Statute

CITY OF MIAMI &


JOE CAROLLO

Defendants.
_______________________________________/

PLAINTIFF’S SUPPLEMENTAL MOTION FOR FEES AND COSTS


AGAINST THE CITY OF MIAMI

Pursuant to § 119.12, Plaintiff Steven Miro hereby files his Supplemental Motion for

Fees and Costs Against the City of Miami to describe deceptive if not outright fraudulent

conduct by the City.

1. In PRR 18-1201, the subject of this lawsuit, document request 3 sought the following:

“On June 7, 2018 at approximately 4:48 PM, Commissioner Joe Carollo made a

public records request with the City of Miami via email. Please produce all

documents that were responsive and/or were produced in response to Commissioner

Carollo’s request.” See Exhibit A (Carollo’s public record request for Plaintiff

Miro’s browser history).

2. In response, the City stated: “However, there are no responsive documents to that

portion of the request.” See Exhibit B (October 31, 2018 Email from Attorney Gibbs).

3. In response, undersigned counsel (understandably confused) wrote back: “So, Carollo

seems to have made a PRR, but there is no assigned number given to the request? It’s

like a secret, off-books request?” Id. (email exchange).

KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
4. In response, City Attorney Gibbs again confirmed: “As previously stated, there are no

responsive documents to that portion of PRR 18-1201.” Id.

5. At a status conference, the City advised the Court that Carollo’s PRR perhaps was not

processed because he failed to pay the required IT technology surcharge. But, the

City was coy about providing any details as to why the City did not actually open a

PRR in this particular case; the City was merely speculating as to why no PRR was

ever opened in response to Carollo’s request.

6. The City lied. There actually was a secret, off-books request made by Carollo and the

City covered it up.

7. Yet another public records request was made with the City of Miami and which is

now the subject of another PRR lawsuit. See Steven Miro v. City of Miami, Case No.

19-002718 (Bokor, J.).

8. That PRR requested all documents indicating how Carollo’s PRR was treated by the

City. It was made precisely because the City never opened a PRR matter and did not

produce any documents in response to Carollo’s PRR.

9. The City did not initially produce documents in response to the subsequent PRR, but

after the second PRR lawsuit was filed, the City produced – wait for it – the

documents responsive to Carollo’s June 7, 2018 PRR. See Exhibit C (email expressly

responding to the PRR). 1

10. But it gets worse. After being ordered to formally answer the PRR by Judge Bokor,

the City stated: “Commissioner Carollo did not make a ‘public records request’ on

1
Hundreds of pages of web browser history were produced as an attachment to the email,
but are not being filed here.
2
KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
June 7, 2018.” See February 19, 2019 Answer in Miro v. City of Miami (Round II),

p. 7.

11. At a status conference held on February 22, 2019, the City tried to explain the

obvious discrepancy by advising Judge Bokor that the City does not consider public

records requests made by City Commissioners to be “actual” public records requests.

12. Judge Bokor told the City, quite correctly, that its position was “demonstrably

wrong.”

13. If the City is engaged in trickery concerning whether a commissioner makes a “public

records request” when he sends an email with the subject line “public records

request,” then it has lost all credibility.

14. The City is engaged in a systematic pattern of not complying with the Public Records

Act. This is no mere incompetence, it is tradecraft.

For the additional reasons stated above, Plaintiff requests an order granting entitlement to

fees and costs.

. Respectfully submitted,

_/s/ Matthew Sarelson


Matthew Seth Sarelson, Esq.
Florida Bar 888281
KAPLAN YOUNG & MOLL PARRÓN
Attorneys for Plaintiff Steven Miro
600 Brickell Avenue, Suite 1715
Miami, Florida 33131
Phone (305) 330-6090
msarelson@kymplaw.com

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KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
CERTIFICATE OF SERVICE
I hereby certify that I electronically filed this document on February 27, 2019 via the

Court’s eportal system and that it will email this document to all counsel of record.

/s/ Matthew Sarelson


Matthew Sarelson

4
KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
Matthew Sarelson

From: Barcena, Anthony <ABarcena@miamigov.com>


Sent: Thursday, June 07, 2018 4:58 PM
To: Napoli, Joe
Cc: Suarez, Jose; Blom, Richard; Carollo, Joe (Commissioner); Gonzalez, Emilio T.
Subject: Public Records Request

To Deputy City Manager Joe Napoli: 

Pursuant to Article I, section 24 of the Florida Constitution, and chapter 119, F.S., I am requesting copies of the following 
public records: Incoming and outgoing electronic mail from Steven Miro and Mara Roman’s  City of Miami Outlook 
accounts. Duration: Hire Date‐07JUN2018. Furthermore, I would like a copy of Steven Miro’s browser history. Duration: 
Hire Date‐Termination Date. 

Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the 
exact statutory citation authorizing the denial as required by s. 119.07(1)(d), F.S.  

I will contact your office within 24 hours to discuss when I may expect fulfillment of my request, and payment of any 
statutorily prescribed fees. If you have any questions in the interim, you may contact me at 305.250.5380 or any of my 
executive staff members at the same number provided. Thank you. 

Very Respectfully,  

Joe Carollo 
City Commissioner | District 3  
3500 Pan American Drive | Miami, FL 
T: 305.250.5380 F: 305.250.5386   
E: jcarollo@miamigov.com 

Confidentiality Notice: This electronic mail message and any attached files contain information intended for the
exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary,
privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended
recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may
be subject to legal restriction or sanction. Please notify sender, by electronic email or telephone, of any
unintended recipients and delete the original message without making any copies.

1
Exhibit A
Miro_000108
02/21/2019
From: Gibbs, Domini
To: Matthew Sarelson
Cc: Eves, Eric; Harrison, Douglas A.
Subject: RE: Steven Miro v. City of Miami 18-034893
Date: Wednesday, October 31, 2018 3:53:58 PM
Attachments: image001.png
image006.png
image007.png
image008.png

As previously stated, there are no responsive documents to that portion of PRR 18-
1201. All responsive documents related to the other portions of the request have
been provided.

Domini Gibbs
Assistant City Attorney
City of Miami Office of the City Attorney
444 S.W. 2nd Avenue
Miami, Florida  33130
Telephone:  305-416-1800
Facsimile:  305-416-1801
DGibbs@miamigov.com
Karla L. Mejia, Litigation Assistant, (305)416-1863
Disclaimer:  This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain
legally privileged and confidential information.  If you properly received this e-mail as a client or retained expert, please hold it
in confidence to protect the attorney-client or work product privileges.  Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of the attorney-client privilege.  If the reader of this
message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified
that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.  If this communication was
received in error we apologize for the intrusion.  Please notify us by reply e-mail and delete the original message.  Nothing in
this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Under Florida law, e-mail
addresses and the contents of the e-mail are public records.  If you do not want your e-mail address, or the contents of
the e-mail released in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by phone or in writing.

Please consider the environment before printing this e-mail.

From: Matthew Sarelson <msarelson@kymplaw.com>


Sent: Wednesday, October 31, 2018 3:43 PM
To: Gibbs, Domini <DGibbs@miamigov.com>
Cc: Eves, Eric <eeves@miamigov.com>; Harrison, Douglas A. <DAHarrison@miamigov.com>
Subject: RE: Steven Miro v. City of Miami 18-034893

So, Carollo seems to have made a PRR, but there is no assigned number given to the request? It’s
like a secret, off-books request?

From: Gibbs, Domini [mailto:DGibbs@miamigov.com]


Sent: Wednesday, October 31, 2018 3:38 PM

Exhibit B
To: Matthew Sarelson <msarelson@kymplaw.com>
Cc: Eves, Eric <eeves@miamigov.com>; Harrison, Douglas A. <DAHarrison@miamigov.com>
Subject: RE: Steven Miro v. City of Miami 18-034893

Mr. Sarelson,

In regards to PRR 18-1201, the City Closed the request in its entirety stating, “all
responsive documents have been provided to the requester.” The City is not stating
that we never searched for the third portion of the request. However, there are no
responsive documents to that portion of the request.

Thank you,

Domini Gibbs
Assistant City Attorney
City of Miami Office of the City Attorney
444 S.W. 2nd Avenue
Miami, Florida  33130
Telephone:  305-416-1800
Facsimile:  305-416-1801
DGibbs@miamigov.com
Karla L. Mejia, Litigation Assistant, (305)416-1863
Disclaimer:  This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain
legally privileged and confidential information.  If you properly received this e-mail as a client or retained expert, please hold it
in confidence to protect the attorney-client or work product privileges.  Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of the attorney-client privilege.  If the reader of this
message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified
that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521.  If this communication was
received in error we apologize for the intrusion.  Please notify us by reply e-mail and delete the original message.  Nothing in
this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Under Florida law, e-mail
addresses and the contents of the e-mail are public records.  If you do not want your e-mail address, or the contents of
the e-mail released in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by phone or in writing.

Please consider the environment before printing this e-mail.

From: Eves, Eric


Sent: Wednesday, October 31, 2018 3:29 PM
To: Gibbs, Domini <DGibbs@miamigov.com>
Subject: Fwd: Steven Miro v. City of Miami 18-034893

Get Outlook for iOS

From: Matthew Sarelson <msarelson@kymplaw.com>


Sent: Wednesday, October 31, 2018 1:10:11 PM
To: Eves, Eric
Cc: Harrison, Douglas A.
Subject: RE: Steven Miro v. City of Miami 18-034893

Also – the third item on the PRR is documents responsive to Carollo’s June 2018 PRR.  The city closed
my PRR saying it had nothing.  I assume that is correct? The city never actually searched for or
produced any documents as requested by Carollo?

-Matthew
COM000570
Alban, Xavier E.

From: Sarasti, Michael <MSarasti@miamigov.com>


Sent: Friday, June 8, 2018 3:52 PM
To: Barcena, Anthony
Cc: Rodriguez, Denise; Burns, l(evin; Contreras, Otto; Napoli, Joe
Subject: Web History
Attachments: C81 EBB32-9669-4B9C-B487-F8FFF959BEB1 [12].png; Web_History_Report.pdf

Good Afternoon Anthony,

Here is the web history you requested. Our retention for browser data is 30 days. Please let us know if there is anything else
you need!

Mike

Mike Sarasti?
CID/ Director Innovation & Technology
City of Miami
444 SW 2nd Ave, 10th Floor?
Miami, FL 33130?
Office: 305-416-1018
msarasti@miamigov.com
www.miamigov.com?

Exhibit C