Page 1 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 16-12412-CA 01 ________________________________________ DR. JAMES ERIC McDONOUGH, individually, Plaintiff, -vsCITY OF HOMESTEAD, a political subdivision, Defendant. ________________________________________ TRANSCRIPT OF PROCEEDINGS DATE TAKEN: September 12, 2016 TIME: 9:30 A.M. - 10:30 A.M. PLACE: 73 West Flagler Street Miami, Florida 33130 BEFORE: THE HONORABLE THOMAS J. REBULL This cause came on to be heard at the time and place aforesaid, when and where the following proceedings were reported by: Examination of the witness taken before: Laurie Susskind, Registered Professional Reporter United Reporting, Inc. 1218 Southeast 3rd Avenue Fort Lauderdale, Florida 33316 954-525-2221 United Reporting Inc. (954) 525-2221 Page 2 1 APPEARANCES FOR THE PLAINTIFF 2 ALAN J. GREENSTEIN, P.A. By: ALAN J. GREENSTEIN, ESQ. 9200 South Dadeland Boulevard, Suite 308 Miami, Florida 33156 3 4 5 6 7 APPEARANCES FOR THE DEFENDANT WEISS, SEROTA, HELFMAN, COLE & BIERMAN, P.L. By: SAMUEL ZESKIND, ESQ. 200 East Broward Boulevard, Suite 1900 Fort Lauderdale, Florida 33301 8 ALSO PRESENT: 9 10 DR. JAMES ERIC McDONOUGH - - - - - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United Reporting Inc. (954) 525-2221 Page 3 1 Thereupon, the following proceedings were had: 2 THE COURT: 3 MR. GREENSTEIN: 4 THE COURT: 5 6 7 8 9 Everybody ready? Yes, sir. We are on the record in McDonough versus City of Homestead. Counsel, please state their appearances, beginning with the plaintiff. MR. GREENSTEIN: Alan Greenstein on behalf of Dr. James McDonough. 10 How are you, Judge? 11 MR. ZESKIND: 12 Good morning. Weiss, Serota for the City of Homestead. 13 THE COURT: 14 MR. GREENSTEIN: 15 Dr. McDonough is present. 16 Sam Zeskind, THE COURT: Okay. Okay. 17 plaintiff's complaint. 18 of hearing says. 19 reserved. By the way, Your Honor, It is a hearing on That's what the notice There is half an hour I'll give each side 15 minutes. 20 If you would please come up to the podium. 21 MR. GREENSTEIN: Just give me a second. 22 apologize, Your Honor. 23 late, and I didn't get a chance to organize 24 myself. 25 in my file. I Metrorail was running I thought I made some notes and put it I apologize. I'll have to go from United Reporting Inc. (954) 525-2221 Page 4 1 2 memory. Your Honor, we filed a complaint alleging 3 a violation of the public records law. Most of 4 my argument I sent in a memorandum. 5 know that I need to repeat most of it, but I 6 did want to tell the Court a couple of things. 7 First of all, I don't think the facts are I don't 8 in dispute. My client filed a public records 9 request asking for a couple of things. He 10 asked for all documents relating to the 11 decision to hire Weiss, Serota and the 12 person -- including financial documents and 13 documents relating to the person who made the 14 decision to hire Weiss, Serota. 15 Real brief background. My client sued -- 16 THE COURT: 17 MR. GREENSTEIN: 18 THE COURT: 19 They say, which is a pretty definitive Let me ask a question. Please. I'm going to ask them. 20 statement in their memo in opposition, the 21 only, and I circled and underlined "only," 22 records in the City's possession responsive to 23 this request that is at issue in this case 24 reflect attorney mental impressions and 25 strategies, and they cite to the relevant United Reporting Inc. (954) 525-2221 Page 5 1 portions of the Public Records Act, Chapter 2 119, and also cite to claims file records and 3 insurance claim negotiations. 4 MR. GREENSTEIN: 5 THE COURT: Yes, sir. Isn't what I need to do 6 basically an in-camera review and make a call? 7 They are saying the only record -- 8 MR. GREENSTEIN: 9 THE COURT: Yes, sir. -- are those, and I'm going to 10 ask them, but I assume it is that list of 11 five -- 12 13 14 MR. GREENSTEIN: Right, on Page 4 of the memo. THE COURT: I have to look at those five 15 and make a call, and then you can -- whoever -- 16 whichever way it goes, there is an appeal. 17 18 19 MR. GREENSTEIN: Judge. Sort of. You are right, Sort of. Okay. What I attached to my memo were 20 what we believe were two documents that related 21 to the request that were not provided to 22 Dr. McDonough that were provided in a later 23 records request. 24 THE COURT: Which are the two? 25 MR. GREENSTEIN: Let me get those. United Reporting Inc. (954) 525-2221 Page 6 1 2 3 4 THE COURT: So you are saying that -- you are saying what as a result of that? MR. GREENSTEIN: that -- 5 THE COURT: 6 MR. GREENSTEIN: 7 point. 8 point is -- 9 10 11 What I'm saying to you is You got them. Yes, but that's not the The point isn't that we got them. THE COURT: The The point is that you should get fees because you didn't get them earlier? MR. GREENSTEIN: Yes, sir, and that's the 12 law, and they were in response to a different 13 public records request that Dr. McDonough made. 14 That is correct. 15 16 17 THE COURT: Which are the two that you are saying you should have gotten? MR. GREENSTEIN: The two that I'm saying 18 are -- the first one, which is Exhibit A in my 19 memorandum, which is a memo from -- 20 21 22 THE COURT: Exhibit A is the public records request. MR. GREENSTEIN: I'm sorry. Exhibit C. Exhibit C, 23 Judge, I apologize. 24 dated April 16, 2015 wherein Antonio Aquino, 25 who is a commander of the police department, United Reporting Inc. (954) 525-2221 This is a memo Page 7 1 sent an e-mail to somebody who I believe is in 2 HR, Vivian Manach, saying Officer Murguido was 3 served with a lawsuit. 4 inquire if the City can represent him or assist 5 him with this matter. The Chief wants to 6 That is a document that relates to the 7 City's decision to hire Weiss, Serota to defend 8 Murguido. 9 10 What the Court -THE COURT: Do you have a case that says 11 that if you did not get it initially, but you 12 got it later, that you get your fees, even 13 though you didn't have to file this lawsuit 14 because you got this -- I assume you got this 15 before this lawsuit was filed. 16 17 18 19 MR. GREENSTEIN: We got it after this lawsuit was filed. THE COURT: You received Exhibit C after this lawsuit was filed? 20 MR. GREENSTEIN: 21 THE COURT: 22 MR. GREENSTEIN: 23 No. Yes, sir. Okay. And I think I allege that in my memorandum. 24 THE COURT: Okay. 25 MR. GREENSTEIN: That e-mail was received United Reporting Inc. (954) 525-2221 Page 8 1 2 afterwards. Plus, Judge, if you receive documents 3 after the lawsuit is filed in response to a 4 lawsuit, I still get fees because they 5 didn't -- 6 7 8 9 10 11 THE COURT: I think that's a different story, yes. MR. GREENSTEIN: Right. But that's the same -THE COURT: That's the point, that you had to file the case to get them to turn it over. 12 MR. GREENSTEIN: Right. 13 In this case, they did not give us that 14 particular document until after the lawsuit was 15 filed and pursuant to Dr. McDonough's second 16 request, which they allude to in their 17 memorandum. 18 19 20 Additionally, Your Honor, documents -Exhibit D -Now, by the way, Judge, this e-mail to 21 Vivian Manach would probably result in an 22 e-mail in response to that. 23 that, and I don't even -- I'm not saying it 24 exists or doesn't exist, but the commander of 25 the police writes an e-mail to someone in HR Now, we don't have United Reporting Inc. (954) 525-2221 Page 9 1 saying Chief wants to know if we can represent 2 them. 3 pretty sure the way the City works, a response 4 was written. No response is given to us, and I'm 5 The only -- 6 THE COURT: I think if you follow this 7 chain, she was checking with Priscilla, and 8 then they were going to keep him posted. 9 were going to check with the insurance carrier. 10 MR. GREENSTEIN: They That's true, but we never 11 got a response, and that is not related to 12 either an insurance claim or related to 13 attorney-client privilege, which is not the 14 same as under 50 -- the Rule of Evidence. 15 Secondly, Your Honor, we received Exhibit 16 D, which is all the bills that Weiss, Serota 17 submitted to the City I presume. 18 THE COURT: Well, the bills are definitely 19 not called for by -- I don't interpret this 20 request as asking for bills, but who made the 21 decision. 22 MR. GREENSTEIN: And then the third thing 23 is who made the decision doesn't seem -- that 24 we never got a response to either. 25 THE COURT: Who made the decision to have United Reporting Inc. (954) 525-2221 Page 10 1 the City defend the officer. 2 MR. GREENSTEIN: Right. We're entitled to 3 that record, and they never -- I mean, 4 Mr. Zeskind never even responded to that in his 5 memorandum either to the commander's memorandum 6 or who made the decision. 7 those documents also, and they weren't 8 provided. 9 We are entitled to And from what I can tell, unless 10 Mr. Zeskind tells me something differently, 11 since, obviously, I didn't see them, what is 12 listed on Page 4 of his table doesn't appear to 13 have that particular document. 14 decide to hire them -- to represent him. Somebody has to 15 THE COURT: 16 representation. 17 if it turns out later on -- that's like any 18 discovery. 19 documents we have responsive to this request -- 20 Well, he's making a Whatever these documents are, If he's saying these are the only MR. GREENSTEIN: And, Judge, by the way, 21 I'm not accusing him of saying that they have 22 more. 23 Mr. Zeskind didn't respond in his memorandum 24 concerning that memo, and in particular to our 25 request for the decision who made that, I don't What I'm saying to the Court is since United Reporting Inc. (954) 525-2221 Page 11 1 know that either he knows whether that document 2 exists or that's part of this table. 3 Obviously, the Court will do an in-camera 4 inspection and decide if it is included in that 5 table, but the way the City works is since 6 Officer Murguido -- 7 I'm sure the Court knows this, but Officer 8 Murguido is being sued in his private capacity, 9 not as a police officer. 10 11 in the complaint. THE COURT: It has been specific So, therefore -That's your allegation, that 12 he was acting in his private capacity. 13 they may dispute that allegation, and that 14 sometimes is a disputed issue, which hat he was 15 wearing when the alleged acts occurred. 16 know that you say it is a fait accompli. 17 MR. GREENSTEIN: 18 THE COURT: I mean, So I Yes, sir. I mean, that's your position. 19 Their position may be -- I don't know if they 20 answered the complaint to deny that or what the 21 situation is. 22 MR. GREENSTEIN: Okay. I understand this 23 Court's position, but -- all right. 24 going to press that point any further, other 25 than to say it is clear under the circumstance United Reporting Inc. (954) 525-2221 I'm not Page 12 1 in the lawsuit that we filed that Officer 2 Murguido was acting as a private citizen at the 3 time because the incident occurred with a 4 neighbor of his. 5 Murguido. 6 outside of his property, and that's what led to 7 everything. 8 9 Dr. McDonough lives near They had a discussion or argument In any event, so those are my main points, Your Honor, that they didn't respond to that 10 initial memo. 11 be a follow-up memo to that, and, second -- 12 THE COURT: 13 one that you -- It would seem that there should Which memo are you saying, the 14 MR. GREENSTEIN: 15 And there is no response as to who made 16 17 Exhibit C. the decision to hire Weiss, Serota. Now, again, since I don't have access to 18 these documents, I can't tell if one exists or 19 doesn't exist, but it would seem logical, 20 particularly with Exhibit C, that there would 21 be a follow-up. 22 23 24 25 Additionally, Your Honor, can I say one thing in response to the memo that they filed? After we filed the lawsuit, I think it was Mr. Zeskind wrote me a letter indicating that United Reporting Inc. (954) 525-2221 Page 13 1 there were two other claims of exemptions. 2 When they first initially responded -- and 3 if the Court looks at Exhibit A or B, I can't 4 remember which one it is. 5 6 THE COURT: Code. 7 8 MR. GREENSTEIN: Right, the Evidence Code doesn't apply under -- 9 10 It was 119 of the Evidence THE COURT: They probably conceded to that. 11 MR. GREENSTEIN: Right. 12 So the question -- however, after we filed 13 the lawsuit, Mr. Zeskind wrote me a letter 14 indicating -- and I think that's contained in 15 his memorandum -- indicating two other 16 potential exemptions, which is some of the 17 documents that match there. 18 It would be our position, one -- and, 19 Judge, to be honest with you, I couldn't find a 20 case particularly on point about this -- that 21 they can't add exemptions after we filed a 22 lawsuit. 23 Two, I have a case called Tribune Company 24 versus Cannella, which is a Supreme Court 25 opinion -United Reporting Inc. (954) 525-2221 Page 14 1 By the way, Judge, I didn't write a 2 follow-up memo because your JA said you wanted 3 these things five days before, and I wouldn't 4 have gotten it to you until a couple of days 5 ago. 6 That is why I didn't do this. Tribune Company versus Cannella, cited at 7 458 So2d 1075, says the law is that only the 8 custodian of records can claim an exemption. 9 And in this case, Mr. Zeskind claimed the 10 exemption. The custodian did not claim the 11 exemption. Therefore, it is our opinion that 12 those documents cannot now -- anything claimed 13 under Mr. Zeskind's letter should be revealed 14 to us because he has no right to claim the 15 exemption. 16 records or the attorney. 17 of records. 18 It doesn't say the custodian of It says the custodian And I have -- I'm sorry I didn't make an 19 extra copy, but if the Court wants to -- since 20 we are obviously coming back, I have a copy of 21 the case for the Court. 22 THE COURT: Okay. I think he said, and 23 I'll ask him, that he brought those documents 24 with him. 25 look at them now, and we will get it done right If we can do it now, I'll take a United Reporting Inc. (954) 525-2221 Page 15 1 now. 2 MR. GREENSTEIN: 3 THE COURT: Sure. I didn't know. Is the lawsuit that you are 4 talking about, which alleged that it was in a 5 private capacity with the defamation claims? 6 7 8 9 10 MR. GREENSTEIN: Yes, sir. relates to the defamation claim. THE COURT: If that's the case, why would he mention he's a police officer? MR. GREENSTEIN: 12 THE COURT: 13 MR. GREENSTEIN: Oh, no. Judge, he did not put that in the amended complaint. 15 that part out. 16 THE COURT: 17 MR. GREENSTEIN: 20 21 That' -- Murguido -- 14 19 Why even allege -- Paragraph 5. 11 18 This all We have taken Okay. Just so the Court knows -THE COURT: I don't have the amended complaint. MR. GREENSTEIN: I didn't think -- for our 22 purpose, I didn't think it was important. 23 can get you the amended complaint. 24 have it because I didn't think it was 25 important. I do not I can get you the amended United Reporting Inc. (954) 525-2221 I Page 16 1 2 complaint. I do not have it, but I wrote -- Judge, so you know, Dr. McDonough filed 3 the lawsuit originally pro se. I then came in 4 on the case. 5 dismiss. 6 that Officer Murguido -- Alejandro Murguido is 7 a private citizen. 8 that all of the activities occurred outside his 9 capacity as a police officer. The City filed some motions to I filed an amended complaint alleging We specifically alleged So what is in 10 that is not the latest complaint, Judge, just 11 so you know. 12 THE COURT: Okay. 13 MR. GREENSTEIN: If the Court thinks it is 14 important, I'll be happy to provide that to the 15 Court also. 16 THE COURT: What about his statement in 17 the footnote, that if you really have -- this 18 really has nothing to do with the City, then 19 you could sign a release of the City? 20 MR. GREENSTEIN: Because we filed a notice 21 of claim. 22 Dr. McDonough on that, but I filed a notice of 23 claim which is contained in there, and 24 Dr. McDonough doesn't want to release that. 25 I'm not going to be representing THE COURT: There is still a potential United Reporting Inc. (954) 525-2221 Page 17 1 claim against the City. 2 MR. GREENSTEIN: There is a claim against 3 the City, but not -- but there is a claim -- 4 there is a potential claim against the City, 5 yes. 6 THE COURT: There is or there isn't? 7 MR. GREENSTEIN: There is. There is. 8 There is a potential claim against the City 9 based upon the activities that occurred after 10 11 the incident with -What happened, Judge, was that Alejandro 12 Murguido, after they got into this argument, 13 called up the Miami-Dade Police Department. 14 They detained Mr. -- Dr. McDonough. 15 detention occurred. 16 releasing him, and eventually he was arrested 17 for charges relating to what happened that day 18 that is the crux of the lawsuit. 19 THE COURT: The Then they ended up It sounds like they are 20 inextricably intertwined. 21 MR. GREENSTEIN: 22 Here is the thing. They are not, Judge. You have a neighbor. 23 You are a judge. If you get into a dispute 24 with your neighbor over something and you call 25 the police, you are not doing it as a judge. United Reporting Inc. (954) 525-2221 Page 18 1 If you are eating popcorn in a movie 2 theater and you get into a fight with somebody, 3 you are not a judge, you are a private citizen. 4 This is a private citizen in his own 5 residence or at his own residence getting into 6 an argument with Dr. McDonough and then calling 7 the police to have the police do something. 8 And whether or not Officer -- I keep saying 9 Officer. Whether or not Alejandro Murguido 10 lied about it is irrelevant to whether or not 11 there is a lawsuit against the City of 12 Homestead. 13 different things. 14 defend Alejandro Murguido in order to defend 15 the City on a potential -- 16 They are two separate completely THE COURT: And they don't need to But the notice of claim says 17 the Homestead Police were apparently called to 18 the scene to assist a fellow officer, even 19 though it was outside their jurisdiction. 20 the allegation is that there is something about 21 his official capacity that contributed to this. So 22 MR. GREENSTEIN: 23 If you were to call up and say I'm Judge 24 25 They recognize it. Thomas Rebull -THE COURT: That's right, and I'm using my United Reporting Inc. (954) 525-2221 Page 19 1 official hat to help me in my private capacity. 2 MR. GREENSTEIN: 3 THE COURT: 4 MR. GREENSTEIN: Right, but you would -- Then it implicates -I can sue you in your 5 private capacity for getting into a fight with 6 me in the movie theater, not as a judge because 7 you weren't in the official capacity as a 8 judge. 9 saying you would do this, but you are just 10 11 12 13 14 15 16 17 18 You are just using -- and I'm not saying -THE COURT: I'm not sure I like the hypothetical, but I understand. MR. GREENSTEIN: You are just using your position to get somebody to do something. THE COURT: And you are filing a complaint based on what that somebody did. MR. GREENSTEIN: No, no. Our complaint for the defamation has nothing to do with -- 19 THE COURT: 20 other one does. I understand that, but the 21 MR. GREENSTEIN: Not -- not necessarily. 22 But regardless of that, Judge, they may 23 think it is intertwined, but their decision to 24 represent him has nothing to do with whether or 25 not the City gets sued in their representation United Reporting Inc. (954) 525-2221 Page 20 1 of the City, but, you know, I leave that -- you 2 are going to review the record, Judge, and I 3 see my time is almost up. 4 THE COURT: All right. 5 MR. ZESKIND: 6 A couple of things. Counsel? Yes, Your Honor. I'll work backwards 7 just on a couple of the points that 8 Mr. Greenstein made. 9 With respect, first of all, to my ability 10 to respond and provide applicable exemptions, 11 the statute says not only to the custodian of 12 the records, but also his or her designee. 13 Obviously, in this case, I was operating as the 14 designee of the custodian of records, as I am 15 representing the City in this lawsuit, and I 16 was responding and providing additional 17 exemptions subsequent to the filing of service 18 of the complaint. 19 Secondly, with respect to whether or not 20 we can add exemptions, we cited a case in our 21 memorandum, and that's the Weeks versus Golden 22 case; it's in Footnote 2, 764 So2d 633. 23 24 25 THE COURT: Do you have the five documents? MR. ZESKIND: I do, Your Honor. United Reporting Inc. (954) 525-2221 Page 21 1 THE COURT: 2 MR. ZESKIND: 3 Absolutely, and you'll see, Your Honor -- 4 5 Can I see them? THE COURT: Obviously, I'm going to -- I'm not going to reveal anything about them. 6 MR. ZESKIND: You will see these five 7 documents do contain -- it is basically a chain 8 of e-mails also attaching the retainer letter, 9 and they do contain -- it is about the decision 10 to represent Officer Murguido, and the retainer 11 letter is the only document that reflects the 12 actual decision to use Weiss, Serota. 13 You'll see from the substance, and we 14 believe that all of those -- you'll see the 15 initial -- I guess I will just jump to that 16 since I handed Your Honor the documents. 17 work back to the point I was making previously. 18 I'll The initial e-mail -- I have gone ahead 19 and numbered them to match Table 1 within our 20 memo. 21 That initial e-mail from Kim Stewart to 22 Mr. Stettin falls directly into the insurance 23 negotiation exemption. 24 insurance company providing her analysis and 25 giving the City the options that she sees based It is the agent for the United Reporting Inc. (954) 525-2221 Page 22 1 2 on the claim. Then following, you'll see E-mail Number 2 3 is from Mr. Stettin to risk management 4 personnel. 5 risk management claims file category, but also 6 contains his mental impressions as well. 7 believe it falls under both of those 8 exemptions. 9 Obviously, this then falls into the We The following e-mail is then from risk 10 management to the City Manager forwarding and 11 conveying Mr. Stettin, attorney on behalf of 12 the City, his mental impressions. 13 And then the final e-mail is from the City 14 Manager back to everyone on the chain plus the 15 Council with, you know, his -- without 16 conveying what it is that e-mail actually says, 17 but that's all within the risk management 18 claims file. 19 It conveys mental impressions. And, like I said, the initial e-mail is 20 insurance negotiation, and then Document Number 21 5 is the actual retainer letter from 22 Mr. Stettin to Officer Murguido, which we 23 believe falls into the claims file exemption 24 because it is within the claims file. 25 part of his correspondence. United Reporting Inc. (954) 525-2221 It was Page 23 1 MR. GREENSTEIN: Judge, I don't mean to 2 interrupt. 3 Anything between Officer Murguido and them, we 4 are not asking for, just so you know. 5 We are not asking for that. MR. ZESKIND: That is the only document 6 that reflects the actual decision to use Weiss, 7 Serota. 8 e-mails there's no other discussion in the 9 documents about -- Your Honor can see from the chain of 10 THE COURT: 11 MR. ZESKIND: 12 13 Number 5 is. Right. That's the retainer letter. THE COURT: Eric Stettin -- Eric Stettin 14 is a Weiss, Serota attorney, but he's also 15 considered -- 16 17 MR. ZESKIND: Yes, Your Honor. He's an attorney at Weiss, Serota. 18 THE COURT: 19 MR. ZESKIND: Got you. And he's also been retained 20 by Officer Murguido to represent him in this 21 case, obviously, you know, with the City 22 providing the defense. 23 their request. 24 THE COURT: 25 MR. ZESKIND: That's the basis for Okay. And then if I could -- if United Reporting Inc. (954) 525-2221 Page 24 1 Your Honor would like, I can throw in more 2 detail for each of those, but I would like to 3 jump back to what is important -- 4 THE COURT: 5 MR. ZESKIND: 6 7 Go ahead. -- for why we are entitled to claim these exemptions. The case that says that you can add 8 exemptions after the fact is Weeks versus 9 Golden, 764 So2d 633. It is specifically at 10 Page 635. 11 the First DCA directed the trial court to order 12 the defendant to file an amended response 13 identifying with specificity as contemplated by 14 Section 119.07(2)(a) the basis for a claim that 15 any of the records requested by appellant are 16 exempted from disclosure and further went on to 17 state that the trial court can then consider 18 the issue of entitlement of the records. 19 It is a 2000 First DCA case where So even after the case went up on appeal, 20 the First DCA said you are not claiming other 21 exemptions. 22 go back to the trial court and address the 23 actual applicable exemptions. 24 25 Here is your opportunity. THE COURT: Let's I would like you to address his point with respect to Exhibit C to his memo United Reporting Inc. (954) 525-2221 Page 25 1 that he says it was produced -- I guess he's 2 arguing it was produced in response to this 3 lawsuit. 4 MR. ZESKIND: No. Those additional -- no, 5 those weren't -- the records that were produced 6 were produced in response to a subsequent 7 records request they made. 8 9 10 THE COURT: If Your Honor -- But he's saying it should have been produced in response to the first request. MR. ZESKIND: Right. That's their 11 position, but I think that takes -- the City 12 reads his request very literally. 13 documents reflecting the decision to use Weiss, 14 Serota, and who made the decision to do so. 15 It asked for Record C -- Exhibit C attached to his 16 memorandum does not address either one of 17 those. 18 the City is going to provide a defense, but it 19 is not the decision to provide the defense. It is an e-mail asking whether or not 20 THE COURT: 21 MR. ZESKIND: 22 23 Right. That's how we read the request. If you look at the two requests side by 24 side on Page 12 of our memo, it is in Table 2, 25 that is block quoted, each of the requests. United Reporting Inc. (954) 525-2221 Page 26 1 You will see the first request asked 2 specifically for the documents reflecting the 3 decision to use Weiss, Serota. 4 As I explained to Your Honor, the only 5 document that reflects that is the retainer 6 letter. 7 And then documentation as to who made the 8 decision, not discussions about whether or not 9 to defend. The subsequent request said 10 anything related to the defense. 11 they got that which is attached as Exhibit C 12 and which is attached as Exhibit D to their 13 memo. 14 response to the subsequent request. 15 nothing to do with this lawsuit because they 16 made a broader request. 17 That is why That is why they got those records in Having It said ad infinitum, everything related 18 to the defense of Murguido. So they received 19 everything that is not exempted or not 20 privileged, and there is still a number of 21 other documents that all fall into these same 22 exemptions that have been claimed here that are 23 the reasons why records were withheld as 24 exempted and confidential in response to the 25 second request, which is not at issue today, United Reporting Inc. (954) 525-2221 Page 27 1 other than to just highlight the distinctions 2 between the two requests. 3 And then to go back to another point 4 Mr. Greenstein was making, trying to 5 distinguish between the claim -- you know, the 6 lawsuit filed against Officer Murguido and the 7 claim against the City. 8 you know, I think Your Honor understands it. 9 You even said it yourself that the claims are I think Your Honor -- 10 inextricably intertwined. 11 notice of claim that was served on the City, 12 the City ability's to be able to claim these 13 exemptions, they reference the exact same -- I 14 think it is October -- October 29, 2012, the 15 same incident, same date, same background facts 16 that are identified in his original complaint. 17 If you look at the When the City receives the notice of claim 18 and then subsequently a complaint is filed 19 against Officer Murguido and the complaint that 20 is filed against Officer Murguido on behalf of 21 the plaintiff talks about all the same stuff 22 that is in the notice of claim that the City 23 receives. 24 decision that the City makes is determining 25 whether or not to provide a defense to the Everything that the City -- every United Reporting Inc. (954) 525-2221 Page 28 1 officer has -- also relates to whether the City 2 views itself as potentially being brought in as 3 a party, potentially being liable. 4 to -- when providing -- when choosing to 5 provide the defense, which they are entitled to 6 do under the statute, they always in the back 7 of their mind have to know if they don't 8 provide the defense and it is ultimately found 9 he was acting within his responsibilities, that They have 10 the City is then going to have to compensate 11 the officer for fees that he incurred. 12 can go out and get a private attorney, and, you 13 know, rack up fees that the City -- be 14 burdensome on the City to pay for it. 15 they paid for the defense, they can control the 16 costs and also know that -- you know, to the 17 extent that the City ever gets brought in, they 18 made the determination now, and that protects 19 them. 20 21 THE COURT: And he So if Let me ask Mr. Greenstein something. 22 MR. GREENSTEIN: 23 THE COURT: Yes, sir. I have had other in-camera 24 reviews, for example, of alleged privileged 25 information, et cetera. There are a few United Reporting Inc. (954) 525-2221 Page 29 1 questions, and I would not do it without a 2 court reporter present. 3 MR. GREENSTEIN: 4 THE COURT: 5 I would like to ask him a few questions. 6 MR. GREENSTEIN: 7 THE COURT: 8 9 10 11 Without me being here. Without you being here. That's fine. If you wouldn't mind stepping outside. MR. GREENSTEIN: We'll step outside, but there are one or two things I need to rebut. THE COURT: I'm not making a ruling yet. 12 I'll give you a chance. 13 rebut them. 14 15 MR. GREENSTEIN: You may not be able to I'm going to leave my stuff here and we'll walk outside. 16 THE COURT: 17 (Mr. Greenstein, Esq. and Dr. McDonough 18 19 Thank you. left the courtroom.) (The following proceedings were held 20 outside the hearing of Mr. Greenstein, Esq. and 21 Dr. McDonough, and was omitted from the 22 transcript.) 23 24 25 (Mr. Greenstein, Esq. and Dr. McDonough entered the courtroom.) THE COURT: We are back with all counsel United Reporting Inc. (954) 525-2221 Page 30 1 present in-camera. 2 You wanted to tell me something? 3 MR. GREENSTEIN: 4 I just wanted to respond to three things as briefly as possible. 5 THE COURT: I've given you more time 6 because I had a 10:00 that canceled. 7 important for both sides involved, I understand 8 that. 9 MR. GREENSTEIN: It is Judge, first of all, what 10 Mr. Zeskind said about being a designee allowed 11 to respond, if the Court takes a look at 12 119.07, there are -- I only have through H. 13 Oh, no, there is -- it is 1A through I. 14 On C, it says custodian of public records 15 and his or her designee may acknowledge 16 requests and promptly respond. 17 When you go to D, it says a person who has 18 custody of public records who asserts that 19 exemption, and it goes on. 20 E, if the person who has custody of the 21 public records contends that all or part of the 22 record is exempted, he or she shall state the 23 basis of the exemption. 24 25 My point being that, in C, they specifically allow a designee to do something. United Reporting Inc. (954) 525-2221 Page 31 1 In the other parts, they don't allow a designee 2 to do something. 3 may be a designee, which would allow him to 4 produce the documents and provide the 5 documents. It does not allow him to claim an 6 exemption. Otherwise, they would have 7 contained his or her designee on each of the 8 subsections contained in 119. 9 point. 10 So, therefore, Mr. Zeskind That's my first My second point that I mentioned in my 11 memorandum real briefly was that part of the 12 law -- Judge, I want to do it real quickly. 13 forgot what section it is -- requires them when 14 they claim an exemption under the 15 attorney-client privilege, they have to claim 16 what case they are talking about. 17 I Now, Mr. Zeskind may assume that we knew 18 what we were talking about, but the fact is we 19 didn't until Mr. Zeskind told me on the 20 telephone that it had to do with our notice of 21 claim. 22 the requestor what case they are talking about 23 when they claim an attorney-client privilege, 24 they are not allowed to claim it, and we are 25 entitled to attorney's fees again. So if they don't tell the responder -- United Reporting Inc. (954) 525-2221 Page 32 1 And that's in -- I put it in my memo, 2 Judge. 3 it to you. 4 5 If you need the subsection, I can give I think it is -- I have to find it. THE COURT: For which -- which document are you saying they didn't tell you what case? 6 MR. GREENSTEIN: When they didn't give us 7 the documents -- they were claiming 8 attorney-client privilege, okay? 9 requires -- when asserting the right -- this is 10 11 What the rule 1D2. When asserting the right to withhold a 12 public record pursuant to this paragraph, the 13 agency shall identify the potential parties to 14 any such criminal or civil litigation or 15 adversarial administrative proceeding. 16 They did not do that. 17 Now, I know that may be nitpicking, and it 18 turns out it was about the notice of claim that 19 I personally filed, but when they responded, 20 they did not say that. 21 something else going on that they wanted to 22 claim it. 23 something else. 24 25 Maybe there was Maybe Murguido was being sued for They have to claim what case they are talking about, and they didn't do it. United Reporting Inc. (954) 525-2221 Page 33 1 And then if a Court finds that the 2 document or other record was improperly 3 withheld under this paragraph, the party 4 seeking access to such documents shall be 5 awarded reasonable attorney's fees. 6 second point. That's my 7 My third point is when you read Weeks, 8 Your Honor, Weeks dealt with the State Attorney 9 who claimed the defendant in the criminal case 10 wanted some records dealing with the victim. 11 They said the victim's records are exempted. 12 That's basically what they put. 13 it back saying tell us what the exemption is. 14 At the end of the case, the Court says, 15 accordingly, the trial court shall determine 16 whether the State Attorney had any legally 17 acceptable excuse for failing to respond to the 18 appellate's public records request until after 19 he had filed his petition seeking to compel 20 compliance. The Court sent 21 So in this case, I filed my complaint 22 requesting compliance and attorney's fees. 23 was then that Mr. Zeskind after I filed that 24 claimed the additional exemption that I'm 25 presuming some of the records that you reviewed United Reporting Inc. (954) 525-2221 It Page 34 1 2 3 4 dealt with. So my point is, overall, Mr. Zeskind can't claim an exemption under the law. Two, any exemption dealing with anything 5 in the letter that Mr. Zeskind wrote me should 6 not be considered. 7 records, and I don't think Weeks is directly on 8 point. 9 things. 10 We should have gotten those I don't think they can start changing I don't think that's what that case holds. 11 Anyway, that was as brief as I could be. 12 THE COURT: 13 MR. ZESKIND: 14 With respect to the argument that I cannot Thank you. Okay, Your Honor. 15 be the one that conveyed the exemption, it 16 doesn't make any sense, Your Honor. 17 that -- practically speaking, when someone 18 responds to a public records request, which, 19 you know, we serve as city attorney for a 20 number of cities, oftentimes we may have 21 someone from my firm who might be the designee 22 if it's the custodian records in response. 23 we are producing records and some records are 24 exempted and something has been redacted, we 25 both produce the non-exempted records and United Reporting Inc. (954) 525-2221 The way If Page 35 1 convey the exemption. 2 make sense to have one person be able to 3 produce the records, but not claim the 4 exemption. 5 producing records, and at the same time you 6 convey what is exempted within those records 7 that you are producing or if something has been 8 redacted within that. 9 10 11 In practice, it doesn't They go hand in hand. You are So to say that one person -- the designee can't do both doesn't make sense. With respect to Mr. Greenstein's second 12 point about failing to identify the case, 13 again, it was the plaintiff's own notice. 14 the same parties that are in this lawsuit. 15 fact that they claim that we somehow violated 16 public records law by not telling them that 17 they filed a notice of claim against the City, 18 that was the basis for our exemption, also 19 again makes no sense. 20 It's The And, finally, I would like to point out 21 that part of what their argument is based upon 22 is this idea that our production of records in 23 response to another public records request 24 somehow shows a violation of the public records 25 law here. They got the records. United Reporting Inc. (954) 525-2221 There is no Page 36 1 intent to withhold stuff from them. We got a 2 request that was broader, and we produced 3 additional records. 4 The way the City read their request is 5 narrow, and we produced -- you know, we read -- 6 the City read the request the way that they 7 believe it to read, which I think Your Honor 8 reads very narrow, who made the decision and 9 the decision to use Weiss, Serota, and the fact 10 other records -- if they want to argue may or 11 may not -- 12 There is no violation of the public 13 records law. 14 response to the request. 15 They received the records in And then one final note. Since 16 Mr. Greenstein brought up attorney's fees, I 17 guess we'll potentially need to address them. 18 It is not just -- you know, they claim an 19 exemption, and if Your Honor finds the 20 exemption doesn't apply, automatically 21 attorney's fees are available. 22 to find that the refusal to produce the records 23 was unlawful. 24 25 Your Honor has That's -- I know that there is some they think misapplying of some of the most recent United Reporting Inc. (954) 525-2221 Page 37 1 Florida Supreme Court decision, but if you look 2 at the Third DCA's recent decision in Citizens 3 Awareness Foundation versus Wantman, which came 4 out in May of this year, it distinguishes the 5 recent Board of Trustees versus Lee case, and 6 on the fact that you have to find there 7 actually was an unlawful refusal. 8 Your Honor, we went back and forth about 9 the reason why, you know, certain records were 10 withheld, and should Your Honor find that they 11 shouldn't have been, certain records withheld, 12 it is important to know that, Judge, the 13 withholding of them was not unlawful. 14 claim of that exemption was not an unlawful 15 refusal. 16 claiming that exemption. 17 I said, there is -- there is no distinction 18 between within the claims file exemption or 19 whether or not there is mental impression or 20 not. 21 exempted until the closing of the claim. 22 the claim is closed, they can get it. 23 24 25 The There was a legitimate basis for And, Your Honor, like If it is within the claims file, it is When So, you know, I don't think there is an unlawful refusal. The final thing is I'm not sure -- I think United Reporting Inc. (954) 525-2221 Page 38 1 I get that they are claiming that because we 2 can't -- arguably can't raise the exemptions 3 after the fact that they are entitled to the 4 records, the exemptions we claimed to make the 5 records confidential. 6 produced. 7 confidentiality. 8 cite the Exemption Act. 9 go-around, we advised them after the fact. They can never be There's no waiver of Specifically, they failed to At the first I 10 mean, we looked at the records and we realized, 11 wait a second, there are more exemptions that 12 apply to these. 13 something that can be released. 14 confidential. 15 cannot be released until the claim is closed. 16 They can't be waived. 17 records because we failed to identify an 18 exemption at the first go-around. 19 We let them know this is not It is It remains confidential and They don't get the Other than that, Your Honor, we rest on 20 the arguments that we set forth in our memo 21 unless Mr. Greenstein has anything to add in 22 addition to -- 23 24 25 MR. GREENSTEIN: I'm done, but I want to say one thing. THE COURT: Go ahead. United Reporting Inc. (954) 525-2221 Page 39 1 MR. GREENSTEIN: I just want to say the 2 Supreme Court's opinion on the Board of 3 Trustees, unlawfully means they didn't claim 4 the proper exemption or their exemption was not 5 lawful. 6 claimed an exemption, a good faith basis for 7 claiming that exemption, I wouldn't be entitled 8 to attorney's fees. 9 that around, Judge. It used to be the intent. If they The Supreme Court turned 10 If the Court finds that they did not 11 comply correctly with the law and we were 12 entitled to certain documents, then that is an 13 unlawful withholding of records. 14 THE COURT: So you are saying -- you are 15 suggesting that the case law says there is no 16 fairly debatable standard? 17 MR. GREENSTEIN: No. What I'm saying to 18 the Court is if you find that we are entitled 19 to records that they did not produce, then they 20 withheld them unlawfully. 21 THE COURT: 22 MR. GREENSTEIN: 23 THE COURT: 24 MR. GREENSTEIN: 25 Period, end of story? Period, end of story. I understand. If the Court reads the prior Board of Trustees case -- unfortunately, United Reporting Inc. (954) 525-2221 Page 40 1 I only have the Florida Law Weekly cited on 2 that cite. 3 question is did they withhold the records, and 4 if the Court finds we were entitled to the 5 records, then it is an unlawful withholding, 6 and we are entitled to attorney's fees. That got rid of -- the only 7 Otherwise, their intent used to be in some 8 of the districts that was a controlling factor. 9 It is not anymore. 10 All right. I'm done now. 11 THE COURT: I really appreciate both sides 12 13 very much. Both argued it very well. I conducted an in-camera review of the 14 documents. 15 plaintiff has disclaimed any interest in the 16 letter from Weiss, Serota dated July 8, 2015 to 17 Officer Murguido. 18 19 20 I'm going to find -- well, the MR. GREENSTEIN: I think that's attorney-client privilege. THE COURT: Okay. I'm going to uphold the 21 exemptions and the confidentiality of the items 22 identified on plaintiff's memo as -- well, I'll 23 just specifically identify it for the record. 24 An e-mail from Kim Stewart to Eric Stettin 25 dated July 7, 2015, 5:28 p.m. and an e-mail United Reporting Inc. (954) 525-2221 Page 41 1 from Eric Stettin to Priscilla Thompson and 2 Vivian Manach dated July 8, 2015 at 1:34 p.m. 3 But I am going to find that the following 4 document should be produced, which is an e-mail 5 from Vivian Manach to George Gretsas dated 6 July 8, 2015 at 1:50 p.m. and an e-mail from 7 George Gretsas back to Vivian Manach, copying 8 several others, dated July 9, 2015 at 2:22 p.m. 9 I'm going to reserve on the issue of 10 attorney's fees at this point for reasons that 11 I'm going to state, but based on this Attorney 12 General opinion with respect to the purpose for 13 the claims filed, confidentiality is to protect 14 against disclosure of claim evaluation, 15 settlement considerations, those sort of 16 things. 17 should be produced do not implicate those 18 considerations, and the ones that I said 19 shouldn't be produced do implicate those 20 considerations. 21 And the e-mails that I determined Given that I do believe that this is a 22 substantial argument being made by the City, 23 I'm going to stay my ruling to give the City 24 enough time to decide whether it is going to 25 seek a -- you know, I'm a little curious. United Reporting Inc. (954) 525-2221 This Page 42 1 wasn't noticed as a motion for summary judgment 2 or motion for anything. 3 hearing. 4 MR. GREENSTEIN: 5 THE COURT: 6 MR. ZESKIND: 7 8 9 10 It was sort of a Because -- So -Accelerated hearing under 119. THE COURT: So I don't know if this constitutes my final judgment for purposes of this proceeding. 11 MR. GREENSTEIN: 12 THE COURT: I think it does, but -- It is my intention to make 13 this a final ruling on the issue of the public 14 records request which is at issue in this case, 15 which is the e-mail dated October 12, 2015 at 16 10:15 a.m. from Eric McDonough to Patricia 17 Sullivan, which is Dr. James Eric McDonough, 18 which is the specific public records request at 19 issue in this lawsuit. 20 I'm going to deny the request for 21 attorney's fees related to the later disclosed 22 e-mails in which you contend you are entitled 23 to attorney's fees. 24 deny that. 25 of attorney's fees for the two communications I'm going to respectfully I am going to reserve on the issue United Reporting Inc. (954) 525-2221 Page 43 1 2 that I'm ruling should be disclosed. Is 15 days enough for you-all to decide? 3 If you decide to file a petition or a notice of 4 appeal, whatever the appropriate appellate 5 review is, then I'll stay my ruling pending 6 this final disposition in the Third District 7 Court of Appeal. 8 9 MR. ZESKIND: We may need to call an executive session to make that determination. 10 I don't know whether or not 15 days is enough. 11 I mean, if it is a final decision, I think it 12 will be -- you are saying the effect -- you are 13 giving us the stay. 14 THE COURT: 15 MR. ZESKIND: 16 17 THE COURT: the records. 19 more time -- 21 22 We don't have to produce the records. 18 20 I'm not saying -- -- you don't have to produce We'll give it a try. MR. GREENSTEIN: If we need If they need more time, I'm not -MR. ZESKIND: We have to have an executive 23 session to make a determination whether or not 24 to appeal, so -- 25 THE COURT: Why don't we do this: United Reporting Inc. (954) 525-2221 Did you Page 44 1 all come with a proposed order? 2 MR. ZESKIND: 3 THE COURT: I didn't, Your Honor. I would like you to take a 4 shot at the proposed order. Thank God, there 5 is a transcript. 6 memorialize. 7 the language of the order. 8 each side should submit a proposed order and 9 give me a copy of the transcript of the I would like it to Hopefully you-all can agree on If you can't, then 10 proceedings. 11 the transcript that relates to the in-camera 12 review be sealed. 13 I ordered that that portion of I'm going to keep the documents -- 14 actually, what I'll do is I think as an officer 15 of the Court, I'm going to order you to file 16 this under seal with the clerk -- 17 MR. ZESKIND: 18 THE COURT: 19 MR. ZESKIND: 20 THE COURT: Sure, Your Honor. -- for appellate review. Absolutely, Your Honor. I mean, I think it is a 21 substantial argument on both sides, and it is 22 interesting, but -- so if you can please submit 23 that. 24 25 MR. GREENSTEIN: Before we adjourn, Judge, just so I'm clear, I know the civil rules United Reporting Inc. (954) 525-2221 Page 45 1 require attorney's fees to be filed within a 2 certain period of time. 3 stayed until they make a decision? 4 THE COURT: Yes. Is that requirement I mean, ultimately, my 5 intent and my thinking is that if the Third 6 District Court of Appeal ends up agreeing with 7 me, then I have to decide whether your 8 assessment of the case law is correct that it 9 is -- they asked for them, they should have 10 gotten them, end of story, or whether there is 11 a fairly debatable -- I think he was arguing it 12 is not unlawful when you in good faith -- so 13 you shouldn't be prejudiced on that. 14 MR. GREENSTEIN: All I'm saying is I don't 15 want to have to worry about filing -- I don't 16 want to file something if they are going to go 17 to the Third District, so I don't have to worry 18 about filing a motion. 19 THE COURT: I don't want you to be 20 prejudiced by worrying about filing your motion 21 for attorney's fees and costs within the time 22 frame. 23 24 25 MR. GREENSTEIN: I'll wait for his decision. THE COURT: Yes. All right. United Reporting Inc. (954) 525-2221 Thank you Page 46 1 both very much. 2 MR. GREENSTEIN: 3 (Whereupon, the hearing was concluded at 4 Thank you, Judge. 10:30 a.m.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United Reporting Inc. (954) 525-2221 Page 47 1 C E R T I F I C A T E 2 3 THE STATE OF FLORIDA) COUNTY OF BROWARD ) 4 5 6 I, LAURIE SUSSKIND, Registered Professional 7 Reporter, State of Florida at large, certify that I 8 was authorized to and did stenographically report 9 the foregoing proceedings and that the transcript is 10 a true and complete record of my stenographic notes. 11 Dated this 19th day of September, 2016. 12 13 14 ___________________________________ LAURIE SUSSKIND, R.P.R. 15 16 17 18 19 20 21 22 23 24 25 United Reporting Inc. (954) 525-2221 Page 48 A a.m 1:14,14 42:16 46:4 ability 20:9 ability's 27:12 able 27:12 29:12 35:2 Absolutely 21:2 44:19 Accelerated 42:6 acceptable 33:17 access 12:17 33:4 accompli 11:16 accusing 10:21 acknowledge 30:15 Act 5:1 38:8 acting 11:12 12:2 28:9 activities 16:8 17:9 acts 11:15 actual 21:12 22:21 23:6 24:23 ad 26:17 add 13:21 20:20 24:7 38:21 addition 38:22 additional 20:16 25:4 33:24 36:3 Additionally 8:18 12:22 address 24:22,24 25:16 36:17 adjourn 44:24 administrative 32:15 adversarial 32:15 advised 38:9 aforesaid 1:18 agency 32:13 agent 21:23 ago 14:5 agree 44:6 agreeing 45:6 ahead 21:18 24:4 38:25 Alan 2:2,2 3:8 Alejandro 16:6 17:11 18:9,14 allegation 11:11,13 18:20 allege 7:22 15:10 alleged 11:15 15:4 16:7 28:24 alleging 4:2 16:5 allow 30:25 31:1,3,5 allowed 30:10 31:24 allude 8:16 amended 15:14,19 15:23,25 16:5 24:12 analysis 21:24 answered 11:20 Antonio 6:24 anymore 40:9 Anyway 34:11 apologize 3:22,25 6:23 apparently 18:17 appeal 5:16 24:19 43:4,7,24 45:6 appear 10:12 appearances 2:1,5 3:6 appellant 24:15 appellate 43:4 44:18 appellate's 33:18 applicable 20:10 24:23 apply 13:8 36:20 38:12 appreciate 40:11 appropriate 43:4 April 6:24 Aquino 6:24 arguably 38:2 argue 36:10 argued 40:12 arguing 25:2 45:11 argument 4:4 12:5 17:12 18:6 34:14 35:21 41:22 44:21 arguments 38:20 arrested 17:16 asked 4:10 25:12 26:1 45:9 asking 4:9 9:20 23:2 23:4 25:17 asserting 32:9,11 asserts 30:18 assessment 45:8 assist 7:4 18:18 assume 5:10 7:14 31:17 attached 5:19 25:15 26:11,12 attaching 21:8 attorney 4:24 14:16 22:11 23:14,17 28:12 33:8,16 34:19 41:11 attorney's 31:25 33:5 33:22 36:16,21 39:8 40:6 41:10 42:21,23,25 45:1 45:21 attorney-client 9:13 31:15,23 32:8 40:19 authorized 47:8 automatically 36:20 available 36:21 Avenue 1:22 awarded 33:5 Awareness 37:3 B B 13:3 back 14:20 21:17 22:14 24:3,22 27:3 28:6 29:25 33:13 37:8 41:7 background 4:15 27:15 backwards 20:6 based 17:9 19:16 21:25 35:21 41:11 basically 5:6 21:7 33:12 basis 23:22 24:14 30:23 35:18 37:15 39:6 beginning 3:7 behalf 3:8 22:11 27:20 believe 5:20 7:1 21:14 22:7,23 36:7 41:21 BIERMAN 2:6 bills 9:16,18,20 block 25:25 Board 37:5 39:2,25 Boulevard 2:3,7 brief 4:15 34:11 briefly 30:4 31:11 broader 26:16 36:2 brought 14:23 28:2 28:17 36:16 Broward 2:7 47:3 burdensome 28:14 Citizens 37:2 city 1:8 3:5,12 7:4 9:3 9:17 10:1 11:5 16:4 C 16:18,19 17:1,3,4,8 C 6:22,23 7:18 12:14 18:11,15 19:25 12:20 24:25 25:15 20:1,15 21:25 25:15 26:11 30:14 22:10,12,13 23:21 30:24 47:1,1 25:11,18 27:7,11 call 5:6,15 17:24 27:12,17,22,23,24 18:23 43:8 28:1,10,13,14,17 called 9:19 13:23 34:19 35:17 36:4,6 17:13 18:17 41:22,23 calling 18:6 City's 4:22 7:7 canceled 30:6 civil 32:14 44:25 Cannella 13:24 14:6 claim 5:3 9:12 14:8 capacity 11:8,12 15:5 14:10,14 15:7 16:9 18:21 19:1,5,7 16:21,23 17:1,2,3,4 carrier 9:9 17:8 18:16 22:1 case 1:2 4:23 7:10 24:6,14 27:5,7,11 8:11,13 13:20,23 27:12,17,22 31:5 14:9,21 15:8 16:4 31:14,15,21,23,24 20:13,20,22 23:21 32:18,22,24 34:3 24:7,10,19 31:16 35:3,15,17 36:18 31:22 32:5,24 33:9 37:14,21,22 38:15 33:14,21 34:9 39:3 41:14 35:12 37:5 39:15 claimed 14:9,12 39:25 42:14 45:8 26:22 33:9,24 38:4 category 22:5 39:6 cause 1:18 claiming 24:20 32:7 certain 37:9,11 39:12 37:16 38:1 39:7 45:2 claims 5:2 13:1 15:5 certify 47:7 22:5,18,23,24 27:9 cetera 28:25 37:18,20 41:13 chain 9:7 21:7 22:14 clear 11:25 44:25 23:7 clerk 44:16 chance 3:23 29:12 client 4:8,15 changing 34:8 closed 37:22 38:15 Chapter 5:1 closing 37:21 charges 17:17 Code 13:6,7 check 9:9 COLE 2:6 checking 9:7 come 3:20 44:1 Chief 7:3 9:1 coming 14:20 choosing 28:4 commander 6:25 circled 4:21 8:24 CIRCUIT 1:1,1 commander's 10:5 circumstance 11:25 communications cite 4:25 5:2 38:8 42:25 40:2 company 13:23 14:6 cited 14:6 20:20 40:1 21:24 cities 34:20 compel 33:19 citizen 12:2 16:7 18:3 compensate 28:10 18:4 complaint 3:17 4:2 United Reporting Inc. (954) 525-2221 Page 49 11:10,20 15:14,20 15:23 16:1,5,10 19:15,17 20:18 27:16,18,19 33:21 complete 47:10 completely 18:12 compliance 33:20,22 comply 39:11 conceded 13:9 concerning 10:24 concluded 46:3 conducted 40:13 confidential 26:24 38:5,14,14 confidentiality 38:7 40:21 41:13 consider 24:17 considerations 41:15 41:18,20 considered 23:15 34:6 constitutes 42:9 contain 21:7,9 contained 13:14 16:23 31:7,8 contains 22:6 contemplated 24:13 contend 42:22 contends 30:21 contributed 18:21 control 28:15 controlling 40:8 convey 35:1,6 conveyed 34:15 conveying 22:11,16 conveys 22:18 copy 14:19,20 44:9 copying 41:7 correct 6:14 45:8 correctly 39:11 correspondence 22:25 costs 28:16 45:21 Council 22:15 counsel 3:6 20:4 29:25 COUNTY 1:1 47:3 couple 4:6,9 14:4 20:6,7 court 1:1 3:2,4,13,16 4:6,16,18 5:5,9,14 5:24 6:1,5,9,15,20 7:9,10,18,21,24 8:6 8:10 9:6,18,25 10:15,22 11:3,7,11 11:18 12:12 13:3,5 13:9,24 14:19,21 14:22 15:3,8,12,16 15:17,19 16:12,13 16:15,16,25 17:6 17:19 18:16,25 19:3,11,15,19 20:4 20:23 21:1,4 23:10 23:13,18,24 24:4 24:11,17,22,24 25:8,20 28:20,23 29:2,4,7,11,16,25 30:5,11 32:4 33:1 33:12,14,15 34:12 37:1 38:25 39:8,10 39:14,18,21,23,24 40:4,11,20 42:5,8 42:12 43:7,14,17 43:25 44:3,15,18 44:20 45:4,6,19,25 Court's 11:23 39:2 courtroom 29:18,24 criminal 32:14 33:9 crux 17:18 curious 41:25 custodian 14:8,10,15 14:16 20:11,14 30:14 34:22 custody 30:18,20 D D 8:19 9:16 26:12 30:17 Dadeland 2:3 date 1:14 27:15 dated 6:24 40:16,25 41:2,5,8 42:15 47:11 day 17:17 47:11 days 14:3,4 43:2,10 DCA 24:10,11,20 DCA's 37:2 dealing 33:10 34:4 dealt 33:8 34:1 debatable 39:16 45:11 decide 10:14 11:4 41:24 43:2,3 45:7 decision 4:11,14 7:7 9:21,23,25 10:6,25 12:16 19:23 21:9 21:12 23:6 25:13 25:14,19 26:3,8 27:24 36:8,9 37:1,2 43:11 45:3,24 defamation 15:5,7 19:18 defend 7:7 10:1 18:14,14 26:9 defendant 1:10 2:5 24:12 33:9 defense 23:22 25:18 25:19 26:10,18 27:25 28:5,8,15 definitely 9:18 definitive 4:19 deny 11:20 42:20,24 department 6:25 17:13 designee 20:12,14 30:10,15,25 31:1,3 31:7 34:21 35:9 detail 24:2 detained 17:14 detention 17:15 determination 28:18 43:9,23 determine 33:15 determined 41:16 determining 27:24 different 6:12 8:6 18:13 differently 10:10 directed 24:11 directly 21:22 34:7 disclaimed 40:15 disclosed 42:21 43:1 disclosure 24:16 41:14 discovery 10:18 discussion 12:5 23:8 discussions 26:8 dismiss 16:5 disposition 43:6 dispute 4:8 11:13 17:23 disputed 11:14 distinction 37:17 distinctions 27:1 distinguish 27:5 distinguishes 37:4 District 43:6 45:6,17 districts 40:8 document 7:6 8:14 10:13 11:1 21:11 22:20 23:5 26:5 32:4 33:2 41:4 documentation 26:7 documents 4:10,12 4:13 5:20 8:2,18 10:7,16,19 12:18 13:17 14:12,23 20:24 21:7,16 23:9 25:13 26:2,21 31:4 31:5 32:7 33:4 39:12 40:14 44:13 doing 17:25 Dr 1:4 2:9 3:9,15 5:22 6:13 8:15 12:4 16:2,22,24 17:14 18:6 29:17,21,23 42:17 E E 30:20 47:1,1 e-mail 7:1,25 8:20,22 8:25 21:18,21 22:2 22:9,13,16,19 25:17 40:24,25 41:4,6 42:15 e-mails 21:8 23:8 41:16 42:22 earlier 6:10 East 2:7 eating 18:1 effect 43:12 either 9:12,24 10:5 11:1 25:16 ended 17:15 ends 45:6 entered 29:24 entitled 10:2,6 24:5 28:5 31:25 38:3 39:7,12,18 40:4,6 42:22 entitlement 24:18 Eric 1:4 2:9 23:13,13 40:24 41:1 42:16 42:17 Esq 2:2,6 29:17,20 29:23 et 28:25 evaluation 41:14 United Reporting Inc. 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