EXHIBIT LIST EXHIBIT A – REQUEST A and response EXHIBIT B – Privilege List from CITY EXHIBIT C – Murguido Acting as Private Citizen EXHIBIT D – Zeskind and Guedes email EXHIBIT E – REQUEST B, Jensen’s request EXHIBIT F - INVOICE B EXHIBIT G – REQUEST 2 EXHIBIT H – REQUEST 1 and Acknowledgement EXHIBIT I – Records to REQUEST 1, 4 Emails provided, 1 Redacted EXHIBIT J – Letter to REQUEST 1 EXHIBIT K – Conference Calls, Provided to Jensen EXHIBIT L – Defamation Complaint, Provided to Jensen EXHIBIT M – Kosto Retainer Email, Provided to Jensen EXHIBIT N – Stettin-Zeskind Email Chain, Provided to Jensen EXHIBIT O – Stettin-Sewell Email Chain, Provided to Jensen EXHIBIT P – Email Requesting to Defend Murguido, Provided to Jensen EXHIBIT Q – Billing Invoices, Provided to Jensen EXHIBIT R – Reply to Sewell, REQUEST 1, Demanding Remaining Records, REQUEST C EXHIBIT S – Mandel Claiming Records Provided and Case Moot, REQUEST C EXHIBIT T – Sewell Second Set of Records, REQUEST C, “remaining responsive records” EXHIBIT U – Third Set of Records, REQUEST C EXHIBIT V – Fourth Set of Records, REQUEST C EXHIBIT W – Fifth Set of Records, REQUEST C EXHIBIT A REQUEST A and Response 11/24/2019 Gmail - Response PRR McDonough re Representation Eric McDonough Response PRR McDonough re Representation Patricia Sullivan Thu, Nov 19, 2015 at 11:57 AM To: Eric McDonough Cc: Elizabeth Sewell , Leticia Anguiano , "Samuel I. Zeskind" Dr. McDonough, All records responsive to your request below are privileged, exempt or otherwise protected from disclosure pursuant to Sec ons 119.071(1)(d)(1), and 90.502 Florida Statutes. If we can be of further service, please contact us. Pa y Sullivan, Deputy City Clerk Office of the City Clerk City of Homestead 650 NE 22 Terrace #100 Homestead, FL 33033 305-224-4440 - office 305-224-4459 - fax Please consider the environment before prin ng this email. Under Florida Law, email addresses are public records. If you do not want your email released in response to a public records request, do not send electronic mail to this en ty. Instead, contact this office by phone or in wri ng. From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Monday, October 12, 2015 10:15 AM To: Patricia Sullivan Subject: Request for Records Dear Patricia, https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1518288163057328136&simpl=msg-f%3A151828816305… 1/2 11/24/2019 Gmail - Response PRR McDonough re Representation I hereby file a records request for all documentation and financial records related to the City's decision to use the law firm of Weiss, Serota, Helfman, Cole and Bierman to defend officer Alejandro Murguido in Miami-Dade County case no. 1508342 CA 08. This is a civil lawsuit for defamation per se and intentional infliction of emotional distress, for actions taken by Alejandro Murguido while off-duty and acting in his personal and not official capacity. I am also requesting documentation as to who made the decision to have the City defend this officer. Thanks Dr. James Eric McDonough https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1518288163057328136&simpl=msg-f%3A151828816305… 2/2 EXHIBIT Privilege List of Five (5) Allegedly Responsive Records CASE NO.: 16-12412 CA (13) TABLE 1: Date Type: From: To: Applicable Exemption(s) 1 7/7/15 E-mail Kim Stewart Eric Stettin Fla. (Travelers (Attorney) Stat. Insurance) Priscilla Thompson Fla. Stat. (Risk Management) 2 7/8/ 15 E-mail Eric Stettin Vivian Manach Fla. (Attorney) (Risk Management) Stat. Priscilla Thompson 1 Fla. (Risk Management) Stat. Richard Weiss (Attorney) 3 7/8/ 15 E-mail Vivian Manach George Gretsas Fla. (Risk Management) (City Manager) Stat. Fla. Stat. 4 7/9/ 15 E?mail George Gretsas Vivian Manach Fla. (City Manager) (Risk Management) Stat. Priscilla Thompson (Risk Management) Eric Stettin (Attorney) Richard Weiss (Attorney) City Council Members 5 7/ 8/ 1 5 Letter Eric Stettin Of?cer Alejandro 1 Fla. Murguido Stat. Fla. Stat. 90.502, Fla. Stat. I. PUBLIC RECORDS LAW. Florida?s public records laws are set forth by Article 1, Section 24 of the Florida Constitution, and Chapter 119 Florida Statutes. For its part, Article 1, section 24 provides in pertinent part: 4 WEISS SEROTA HELFMAN COLE 8c BIERMAN, P.L. EXHIBIT Murguido Acting as Private Citizen Not City Officer Capt. Angela Washington From: Det. Antonio Aquino Sent: Wednesday, February 26, 2014 11:24 PM To: Vivian Manach; Raquel Elejabarrieta Subiect: Fwd: Summary of our UZIOWM meeting Attachments: aquino Ietterpdf; .htm Detective Antonio Aquino Intemal Affairs Division Homestead Police Department 4 South Krome Avenue Homestead, FL 330?.) Fax: [3051242435 '7 aaquino@homesteadpolice.com Please consider the environment before printing this e-mail. ~Under Florida law, e-mail addresses are public records. if you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead. contact this of?ce by phone or in writing.~ Begin forwarded message: From: "Det. Antonio Aquino? ntonioAquiani; homesteadpo it; -.com> Date: February 26, 2014 at 9:19:41 PM EST To: "de. Tom Surman" Paula Carballosa Ce: Chief Alexander Rolle Subject: Fwd: Summary of our 021'071'14 meeting Paula, please place attached letter to citizen complaint that Sgt. Surman was directed by the Chief to handle. The Of?cer did not arrest the complainant as a Homestead Of?cer. He ?led his complaint as a citizen in county jurisdiction and the complainant was arrested by the county and the complainant took a plea. Sgt. T. Surman can handle accordingly and I will update the Chief, and unless the chief directs otherwise. Sgt. Surman will handle as directed. Detective Antonio Aquino Internal Affairs Division Homestead Police Department 4 South Krome Avenue Homestead, FL 33030 Other-1130512246305 Fax: ?305! 242-0537 aaquino@homesteadpolice.com Please consider the environment before printing this e-mail. 1 EXHIBIT Zeskind and Guedes Discussing Misleading the Courts Samuel I. Zeskind From: Samuei I. Zeskind Sent: Friday, June 09, 2017 7:43 AM To: Edward G. Guedes Subject: Re: McDonough Thanks, Ed. i'ii review this morning. I definitely struggled with that section (and recommended at the outset, before we ever even had the hearing, that we not fight that issue) i wiil call you today to discuss and explain why they were not produced Sent from my iPhone On Jun 8, 2017, at 8:45 PM, Edward G. Guedes wrote: Sam, Attached is my rediine of the reply/cross-answer brief (saved in AEM). There are substantial revisions, particuiarly with respect to the arguments pertaining to the eariier non-production of documents that were produced in response to the subsequent request. I had serious problems with the way the argument was articulated. i think we made a serious mistake in not producing the two existing invoices in response to the first request. Not sure who made that call, but it was playing far too close to the line. i almost decided to confess error, but then thought about it ionger and re?drafted. We shouid discuss before filing to make sure we?re on the same page. Ed EXHIBIT REQUEST Jason ensen?s Request 11/25/2019 Gmail - Response PRR McDonough re Representation Eric McDonough Response PRR McDonough re Representation Jason Jensen Wed, Jul 20, 2016 at 7:55 PM To: Eric McDonough Cc: agreenstein004@hotmail.com, craig@weissberglegal.com, Felipe Hemming , Pro , Elizabeth Sewell Dear Patricia, As a frequent visitor to homestead Florida, I also hereby request this same information. There is absolutely no way, all of "records [..] for all documentation and financial records related to the City's decision to use the law firm of Weiss, Serota, Helfman, Cole and Bierman to defend officer Alejandro Murguido in Miami-Dade County case no. 15-08342 CA 08" are "privileged, exempt or otherwise protected from disclosure pursuant to Sections 119.071(1)(d)(1), and 90.502 Florida Statutes." Specifically, how you, the city, know of this attorney and decided to employ his services, is certainly public information. The very contract to hire the firm must have been voted for in an open meeting pursuant to the city's operating agreement. And those records, by nature and definition, must be completely open without redaction. So, You clearly hold this man in contempt whatever reason but it is a violation of Florida's laws not to comply. Other than this email, and this act of enjoining this request for information, I have no other affiliation or association with any of the parties involved. The only information that is privileged is the council your lawyer shares with you. So the decision to hire the person, by definition since the city is not yet represented, is not privileged. As 119.071(1)(d)(1) states, "that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency," so the only way that could be true is it your email is an admission of some sort of conspiratorial criminal act. How else could someone not involved with an event fall under the category above? But you hiring a divorce attorney because you are getting a divorce is not privileged. Furthermore, 90.502 specifically excludes "(4) There is no lawyer-client privilege under this section when: (a) The services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud." Which is exactly what I said, in what case is selecting an attorney part of the "mental impression, conclusion, litigation strategy, or legal theory of the [..] agency" other than when "services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud" Or that you are refusing to comply. Also, before ordering my request, I am entitled to a itemized cost. [Quoted text hidden] https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1540419949429500310&simpl=msg-f%3A154041994942… 1/1 EXHIBIT INVOICE City of Homestead Office of the City Clerk Date: July 25, 2016 100 Civic Court Homestead, FL 33030 305-224-4445 BILL T0: Jason Jensen PUBLIC RECORDS REQUEST INVOICE iasonaiensen?qmaiLcom QUANTITY DESCRIPTION UNIT PRICE LINE TOTAL 122 Pages at $.15 each $0.15 $18.30 Public Records Request asking for all documentation and financial records related to the ity's decision to use the law firm of Weiss Serota Helfman Cole and Bierman to defend Officer Alejandro Murguido in Miami-Dade County Case Number 15-08342 CA 08. TOTAL $18.30 Please make checks payable to City of Homestead (credit cards are not accepted). If you have any questions concerning this invoice, please call (305) 224-4445. EXHIBIT REQUEST 2 11/26/2019 Gmail - Records Request Eric McDonough Records Request Eric McDonough To: Eric & Vanessa McDonough Sat, Nov 10, 2018 at 12:21 PM ---------- Forwarded message --------From: Eric McDonough Date: Sun, Jun 5, 2016 at 11:15 PM Subject: Records Request To: Cc: , Gary Ostrow , , Pro , Grant Stern , Felipe Hemming , Sam Zeskind , David M. Wolpin , Carlos Miller , mgray9937 Dear Mr. Stetting, I am hereby filing a formal 119 request with you personally as a custodian of public records under Florida law. Under the provisions of FSS. 119.0701(1)(a), you are a contractor and are obligated under law to provide me with copies of public records upon request under FSS. 119.0701(2)(b). I am therefore requesting: 1) All emails between you, your firm, and the city, excluding any direct communications between you and your Client Mr. Murguido, relating to your defense of Murguido. 2) Any other non-exempt/non-confidential documents, records, communications, etc, ad infinitum related to the city's decision to defend Murguido, or the defense of Murguido. 3) Explicitly cited exemptions for each redaction and/or refused record/document. 4) The number of billable hours you have charged/worked/billed to date in the defense of Murguido. The hourly billing rate you are charging the city, and the total amount to dollars charged or to be billed to the city as of the date of this email, including the time you spend reading and responding to this email and request. Your expeditious compliance with this lawful request is greatly appreciated, and will alleviate the need for the filing of additional law suits and/or complaints against you personally in this specific matter. Reducing both the amount of litigation and/or the number of litigants/defendants. Which is what we all want in the name of judicial economy right? Further, as a well-seasoned and licensed attorney, you surely are aware that these records are not exempt or confidential, and they do not fall under the provisions of attorney-client privilege either, as has been falsely claimed in the past by either you, your colleagues, and/or your clients. For your convenience, and in case you are as clueless about public records law as some of your colleagues apparently are, I have posted links to an AGO and a Florida Supreme Court ruling showing that the requested records are not attorney-client privileged material. Although, you seemed ignorant and confused about this facet of law when we met at court, with your astounding intelligence, I'm sure after reading the provided links, you will come to the same legal conclusion as have I, and promptly provide me with the requested documents ASAP as required by law. My patience for playing games and general stupidity is wearing thin. http://www.myfloridalegal.com/ago.nsf/Opinions/BA424F66B626E94785256513005FEC8F https://scholar.google.com/scholar_case?case=696342418946563908&q=public+records+attorney+client+ privilege&hl=en&as_sdt=4,10 https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-a%3Ar1957239202052283245&dsqt=1&simpl=msg-a%3Ar195… 1/2 11/26/2019 Gmail - Records Request Any attempt to stall or refusal to provide the requested records may subject you to civil and/or criminal liability under the law. As you are likely aware one civil suit has already been filed against the city for their unlawful non-compliance in a similar request filed with them. Several of my attorneys are copied, as well as media contacts, and a couple of your colleagues. My publisher is also included as failure to produce public records by the government and/or their attorneys is a very exciting and newsworthy story for our organization. Hopefully you will promptly comply with your requirements under the law. Remembering any automatic delay is a violation of the law, and as an attorney who has been duly warned any unlawful violation or unlawful failure to produce will be a knowing violation, FSS. 119.10(1)(b). Further, I am sure you are also aware of the legal extreme legal ramifications of concealing public records with a corrupt intent, FSS. 838.022(1)(b), and do not need to be warned against participating in any such illegal activity. I look forward to a prompt response from you, since you are now under due notice of my request and the law. Thank you and God bless. Dr. James Eric McDonough https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-a%3Ar1957239202052283245&dsqt=1&simpl=msg-a%3Ar195… 2/2 EXHIBIT REQUEST 1 and Acknowledgment 11/22/2019 Gmail - Acknowledgement of Receipt of PRR Dated 11/12/2019 Eric McDonough Acknowledgement of Receipt of PRR Dated 11/12/2019 Elizabeth Sewell To: Eric McDonough Wed, Nov 13, 2019 at 11:09 AM Good morning Mr. McDonough, This email acknowledges receipt of your public record request dated November 12, 2019. From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Tuesday, November 12, 2019 1:11 AM To: Elizabeth Sewell Subject: Dear Elizabeth, I am filing a formal records request under FS. 119 for the exact same request I file on October 12, 2015. ---------------------------------------------------------------------------------------------------------------------- "I hereby file a records request for all documentation and financial records related to the City's decision to use the law firm of Weiss, Serota, Helfman, Cole and Bierman to defend officer Alejandro Murguido in Miami-Dade County case no. 15-08342 CA 08. This is a civil lawsuit for defamation per se and intentional infliction of emotional distress, for actions taken by Alejandro Murguido while off-duty and acting in his personal and not official capacity. I am also requesting documentation as to who made the decision to have the City defend this officer." ----------------------------------------------------------------------------------------------------------------------------I only want records which were responsive when the request was responded to on November 19, 0215 by Patricia Sullivan claiming all records were exempt. I want all the records which were then claimed to be exempt or otherwise protected from disclosure. If any records are still exempt or confidential I want the reasons provided in writing. I want electronic copies where available, or immediate inspection otherwise. As these records were available then, have been litigated and presented for in camera inspection, and the exemptions https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1650103683723625658&simpl=msg-f%3A165010368372… 1/2 11/22/2019 Gmail - Acknowledgement of Receipt of PRR Dated 11/12/2019 claimed no longer exists they should be immediately available. Thank you. Dr. James Eric McDonough https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1650103683723625658&simpl=msg-f%3A165010368372… 2/2 EXHIBIT I Four (4) Produced Emails, One (1) Redacted Eric L. Stettin From: Sent: To: Cc: Subject: Attachments: 0k. Please metre forward. Thanks On Jul 8, 2015, alt-1:50 PM, vniian Good Afternoon George. against Of?cer Murguiclo. George. Gretsas GGretsas@eityofh omestea d1com Thursday, July 09, 2015 2:22 AM Vivian Manach Richard Jay Weiss; Eric Stettin; CateMcCaffrey; Priscilia Thompson; Jeff Porter; Jon Burgess; Stephen Shelley; Judy Waldman; Jimmie Williams; Elvis Maldonado; Patricia Fairclongh Re: Officer Murguiido recommendation imageOOlgif anach Please see recommendation from Eric Stettin below regarding the lamisuit ?ied Mr. Stettin recommends defending Officer Murgluido and having him sign the attached letter protecting?the City? in Case of any conflict. Please let me know it you have any questions. Vitrian From: Eric L. Stettin Sent: Wednesday, July 2015 To: Priscilla Thompson; Vivian Manach Cc: Richa rd Jay Weiss Subject; FW: City of Homestead Importance: High Priscilla and Vivian, I recommend that the City provide a defense to Officer Murguid?o due to the: coVerage position of Travelers, see below. it the City chooses not to provide the defense, we run the risk that Travelers - provides a lav-rye: and then sends the hlli'to. the City up to the 100k That" is the next step for Travelers to take in light of their coverage position that the claim falls within the poi-icy and that the City should be defending the ciaim. Additionally, it is iikely that Murguido files a claim against the City for a defense Remember, the duty to defend is ninth broader than the duty?to indetnhifitl Big picking up? the defense, the City controis the iitigation and strategy. recommend we pick up the defense and insist that Officer Murguido sign the attached letter protecting the City in case of a conflict, and that the City has not agreed to indemnify the claim, but rather only. to. provide the defense; Please review and call me with any questions. .. . Eric Stetti?n W?m 513.30% {-1315th 200 {53% Blvd? Suite 1900 LEILiLfm?daIe, FL 33301 P: (954) 753-4242 F: (954) T643770 WSh-law.cm11 vCard THINK BEFORE YOU PRINT This message, together with any attacl1anents,?1?s oniy 1* 1115 addi?csseegli may contain information which is Iegaliy prixrilegad, coxi?d?n?al and exempt ??pmdisglo?sm'm Ifyou are not the you are hereby no??ed that any disGiosi-ma, coigyiag, dis?'ibu?on, use, or any actikm m' reliance on this colmnuj?ua?qnis sh?ic?y prohibited. Ifyou have mac-lined this e-mail? jn?errbg; plasma notify the by tvsiephone (954) ?263-4242 or by retnrn e~majl and deletethe message; 610:1 with any Tax Advic? Ti} ensure colaualiauce with requirements Impose? by the IRS under Ch'cular 23 0, W3 inform you that any (LS. {Edam} tax advica containsd in this commumca?on {including any attachments); unless otherwise speci ?cal 15? stated, was not intended or written to be used, and cannot be used, fur the purpose of(1 avoiding pena??es under the Emma} Revenue Code or (2) promoting marketing or recommending to another part}., any matters addressed herein. EXHIBIT Request 1 Response Letter . 3 I l. I IT 0 HOMESTEAD E5275- liwwm/ Steven D. losner Mayor Patricia Faircloogh?Staggers Moe?Mayor Jenifer N. Bailey Councilwoman Sean 1. Fletcher [amalman tarry Roth for/12017111511 Stephen R. Shelley Come/Zircon George Gretsas Girl/anew" 100 Civic Court Homestead. FL 33030 305?2211411110 November 19, 2019 VIA Email (phd2b05@gmail.com) James McDonough 32320 SW 199 Avenue Miami, FL Re: Public Records Requests sent on November 12, 2019 Dear Mr. McDonough: The City is in receipt of your November 12, 2019 Public Records Request wherein you requested ?all documentation and ?nancial records related to the City's decision to use the law ?rm of Weiss, Serota, Helfman, Cole and Bierman to defend of?cer Alejandro Murguido in Miami-Dade County case no. 15-08342 CA 08.? Enclosed please ?nd the records responsive to your request. Please note that the City has redacted the content of the correspondence from Kim Stewart to Eric Stettin and Priscilla Thompson, dated July 7, 2015, as the record is con?dential and exempt pursuant to section Florida Statutes, which states: The records of insurance claim negotiations of any state agency or political subdivision are con?dential and exempt from s. 119.07(1) until termination of all litigation and settlement of all claims arising out of the same incident. Fla. Stat. (emphasis added). This exemption is applicable here as it covers communications between the City?s retained counsel and an insurance carrier concerning claim negotiations. See Fla. AGO 85?102, 1985 WL 190082 (1985); see also City of Homestead v. McDonough, 232 So. 3d 1069 (Fla. 3d DCA 2017) (af?rming the trial court?s ?nding that this record is con?dential and exempt pursuant to section Moreover, because the insurance claim at issue relates to Case no. 15-08342, which remains active and pending, the record remains con?dential and exempt.1 Should you have any questions, please do not hesitate to contact me at 305 -224-4442. Sincerely, Elizabeth Sewell, MMC, MPA City Clerk 1 In addition, during the September 12, 2016 hearing in Case No. 16-12412 (relating to your original submission of this request), your counsel stated on the record that you were not asking for any correspondence between Of?cer Murguido and the law ?rm of Weiss Serota Helfman Cole Bierman. See Transcript, page 23, lines 1 through 4. As such, the City does not read your current request to include a request for the July 8, 2015 letter from Eric Stettin to Of?cer Murguido (identi?ed as Record 5 in Case No. 16-12412). EXHIBIT Conference Calls Maria E. Cerice From: Priscilia Thompson Jent: Monday, April 27, 2015 4:17 PM To: George Gretsas; AI Rolfe; Vivian Manach Cc: Eric L. Stettin Subject: Accepted: Dr. James McDonough v. Alejandro Murguido et at, 10 Maria E. Cerice I From: Prisciila Thompson Sent: Monday, April 27, 2015 4:12 PM To: Eric L. Stettin Subject: Accepted: Dr. James Mcdounough V. Aiejandro Murguido, et al, 11 Maria E. Cerice Microsoft Outiook on behalf of Vivian Manach Sent: Thursday, April 30, 2015 11:12 AM To: Ilene Fernandez; Ana Sanroman Subject: Meeting Forward Notification: Conference Call re Dr. James Mcdounough v. Alejandro Murguido, et al, Your meeting was forwarded Vivian Manach has forwarded your meeting request to additional recipients. Meeting Conference Call re Dr. James Mcdounough v. Alejandro Murguiclo, et al, Meeting were. Thursday, 30 April 2015 16:00?16:30. Recipients City of Homestead Citv Manaeer Al Rolle Richard Jay Weiss Eric Stettin Esq. Priscilla Thomgson Ana Sanroman All times listed are in the following time zone: Eastern Time (US Canada) Sent by Microsoft Exchange Server 2010 Maria E. Cerice From: Maria E. Cerice on behalf of Richard Jay Weiss Sent: Thursday, April 30, 2015 11:21 AM To: Ilene Fernandez; Ana Sanroman Subject: Accepted: FW: Conference Call re Dr. James Mcdounough V. Alejandro Murguido, et a2, Maria E. Cerice From: Maria E. Cerice on behalf of Richard Jay Weiss Sent: Thursday, April 30, 2015 ll:21 AM To: City of Homestead City Manager Subject: Accepted: FW: Conference Cail re Dr. James Mcdounough v. Aiejandro Murguido, et ai, Maria E. Cerice From: Ana Sanroman on behalf of City of Homestead City Manager Sent: Thursday, April 30, 2015 11:13 AM To: Ilene Fernandez; Ana Sanroman Subject: Conference Call re Dr. James Mcdounough v. Alejandro Murguido, et a1, 10 Maria E. Cerice From: Ana Sanroman on behalf of City of Homestead City Manager Sent: Thursday, April 30r 2015 11:13 AM To: Barbara Mora Subject: Conference Call re Dr. James Mcdounough v. Alejandro Murguido, et al, 11 Maria E. Cerice From: Ana Sanroman on behalf of City of Homestead City Manager Sent: Thursday, April 30, 2015 11:13 AM To: Vivian Manach; Priscilla Thompson; ?Chief Alexander Rolle? Cc: George Gretsas; 'Cmdr. Antonio Aquino' Subject: Conference Call re Dr. James Mcdounough v. Aiejandro Murguido, et al, 12 Maria E. Cerice - Vivian Manach on behalf of City of Homestead City Manager Sent: Thursday, April 30, 2015 11:12 AM To: Barbara Mora Subject: FW: Conference Call re Dr. James Mcdounough v. Alejandro Murguido, et al, Importance: High 13 Maria E. Cerice Vivian Manach on behalf of City of Homestead City Manager Sent: Thursday, April 30, 2015 11:12 AM To: Ilene Fernandez; Ana Sanroman Subject: FW: Conference Call re Dr. James Mcdounough v. Alejandro Murguido, et al, Importance: High 14 Maria E. Cerice From: Vivian Manach on behalf of City of Homestead City Manager Sent: Thursday, April 30, 2015 11:12 AM To: City of Homestead City Manager; Al Rolle; Richard Jay Weiss; Eric L. Stettin; Priscilla Thompson; Ana Sanroman Subject: FW: Conference Call re Dr. James Mcdounough v. Alejandro Murguido, et al, Importance: High Maria E. Cerice From: Vivian Manach on behalf of City of Homestead City Manager Sent: Thursday, April 30, 2015 11:12 AM To: Ilene Fernandez; Ana Sanroman Subject: FW: Conference Call re Dr. James Mcdounough v. Alejandro Murguido, et al, Importance: High Maria E. Cerice From: Sent: To: Subject: Importance: Vivian Manach on behaif of City of Homestead City Manager Thursday, April 30, 2015 11:12 AM City of Homestead City Manager; AI Rolle; Richard Jay Weiss; Eric L. Stettin; Thompson; Ana Sanroman FW: Conference Caii re Dr. James Mcdounough v. Alejandro Murguido, et al, High Maria E. Cerice -- From: Ana Sanroman on behalf of City of Homestead City Manager Sent: Tuesday, April 28, 2015 1:59 PM To: Barbara Mora Subject: Conference Call re Dr. James Mcdounough V. Afejandro Murguido, et al, Maria E. Cerice Ana Sanroman on behalf of City of Homestead City Manager Sent: Tuesday, April 28, 2015 1:59 PM To: Vivian Manach; Priscilla Thompson; 'Chief Alexander Rofie' Subject: Conference Call re Dr. James Mcdounough v. Alejandro Murguido, et al, Maria E. Cerice -- From: Ana Sanroman on behalf of City of Homestead City Manager Sent: Tuesday, Aprii 28, 2015 1:58 PM To: Barbara Mora Subject: Conference re Dr. James Mcdounough v. Alejandro Murguido, et al, EXHIBIT Defamation Complaint . .- - m- ia-aix?idugitiywhim-'5? 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'rexkieissi .a?iriif ?gyigsiigi?v?h??i 12%? knew-x. 01? . .. pm diamg?- a" $5115EXHIBIT Kosto Retainer Email Eric L. Stettin From: Steven N. Kosto Sent: Wednesday, July 08, 2015 11:44 AM To: Eric L. Stettin Subject: Murguido/mcdonough Attachments: retainer letter (00058767xCA02A).wdl EXHIBIT Stettin-Zeskind Email Chain Eric L. Stettin From: Eric L. Stettin Sent: Tuesday, October 13, 2015 11:47 AM To: Samuel I. Zeskind Subject: RE: FW: Request for Records Call on my cell 954?557?8599 Sent from Outlook On Tue, Oct 13, 2015 at 8:30 AM ~0700, ?Samuel 1. Zeskind" wrote: idon?t think our phones are working From: Eric L. Stettin Sent: Tuesday, October 13, 2015 11:30 AM To: Samuel I. Zeskind Subject: RE: FW: Request for Records In depo will call in few Sent from Outlook On Tue, Oct 13, 2015 at 8:29 AM ?0700, "Samuel I. Zeskind? wrote: Yes. lwill come by if you would like to discuss From: Eric L. Stettin-?m - - . Sent: Tuesday, October 13, 2015 11:29 AM To: Samuel I. Zeskind I Subject: Re: FW: Request for Records Are you in? Sent from Outlook On Tue, Oct 13, 2015 at 7:10 AM -0700, "Samuel 1. Zeskind" wrote: From: Eric McDonough Sent: Tuesday, October 13, 2015 12:54 AM To: Samuel I. Zeskind Cc: Subject: Fwd: Request for Records Dear Mr Zeskind, I am forwarding you this records request. I sent it to Patricia Sullivan earlier today, but she is out of town. Therefore, 1 am asking you for the request. Since most of my records request go though you and/or our of?ce anyway, and since your ?rm can easily dispense with the penultimate question of the instant request, this request is hereby formally ?led this with you, and this should be considered your due and proper notice of my request under FSS 119. You can expedite and resolve this request, and I authorize the narrowing of the request, by just clearly and simply acknowledging for the record that the City of Homestead is indeed paying for the legal defense of Officer Murguido. I know you are not required to answer question, but it makes life easier on all parties, and save your ?rm and the City of Homestead time and resources. This is neither exempt nor con?dential information under any exclusions in PBS 119, and a simple af?rmation of this fact, would make the rest of the request moot. This request will not require extensive research, copying fees or redaction, and is part of the pubic record. Further, as such there should be no fees related to this request. Further still, it is expected that to be reasonably timely, this request can be provided before this week ends, if not within 24 hours from receipt of opening this email. I thank you for you time, and expected fast and expeditious delivery of public information/records. God bless. Dr. James Eric McDonough ps. Just so your not worried about disclosing any strategic secrets here, Eric Stettin an attorney for you ?rm representing Murguido, admitted on the record in open court that he was working as an attorney for the City of Homestead defending Murguido, and not as a private attorney. He has been copied to this email, and can confirm such. pss. Also Mr. Stettin admitted basically the same to me when he commented that if I removed all mention of Murguido being a cop, the City would likely stop defending him at that point. He settled the question himself, but I would like de?nitive of?cial acknowledgement of such, not being off the record. He has been copied to this email, and can con?rm such. It is respectfully advised, that you may wish to advise, that the attorneys from your ?rm to stop making false statements on of?cial court records/documents, ex. repeatedly falsely stating they have attempted to reach opposing counsel, to reach an agreement, when they have my phone number, email and home address but have not contacted me. True it may be minor, but it just looks bad on the basis of the lawsuit to begin with, which is people making false statements on the record, don't you agree? We should all try diligently to keep the record clear and accurate, and no less would be expected from well trained and seasoned attorneys. it is humbly suggested that your ?rm might want to advise your attorney's, that they may consider not getting aggressive in the face of plaintiffs unprovoked, then attempting to threaten and/or intimidate them, particularly when they are victims of abuse. It just doesn't send animage of good faith cooperation, particularly in light of them not treating such a plaintiff/opposing counsel respectfully and ethically because they are pro se. This includes failing to contact opposing counsel to schedule a hearing. Many attorneys, and people regardless of profession for that matter, have the ethics of a slug, that is 2 granted and understood. However, better conduct is reasonably expected from such an established and . prestigious ?rm, who are believed to hold themselves to at least the bare minimal standards. Forwarded message From: Eric McDonough Date: Mon, Oct 12, 2015 at 10:15 AM Subject: Request for Records To: Patricia Sullivan Dear Patricia, I hereby ?le a records request for all documentation and financial records related to the City's decision to use the law ?rm of Weiss, Serota, Helfman, Cole and Bierman to defend of?cer Alejandro Murguido in Miami- Dade County case no. 15?08342 CA 08. This is a civil lawsuit for defamation per se and intentional in?iction of emotional distress, for actions taken by Alejandro Murguido While off-duty and acting in his personal and not of?cial capacity. I am also requesting documentation as to who made the decision to have the City defend this of?cer. Thanks Dr. James Eric McDonough EXHIBIT 0 Stettin-Sewell Email Chain Eric L. Stettin From: Eric L. Stettin Sent: Thursday, October 22, 2015 12:17 PM To: 'Elizabeth Sewell' Subject: RE: Request for Records Please call me. From: Elizabeth Seweil Sent: Thursday, October 22, 2015 12:14 PM To: Eric L. Stettin Subject: FW: Request for Records From: Elizabeth Sewell Sent: Tuesday, October 13, 2015 9:15 AM To: Vivian Manach AI Rolle Subject: FW: Request for Records Good morning, Please see the below record request from Mr. Eric McDonough. Thank you. From: Patricia Sullivan Sent: Monday, October 12, 2015 10:40 AM To: Elizabeth Sewell Leticia Anguia no Subject: Fwd: Request for Records Sent from my iPhone Begin forwarded message: From: Eric McDonough Date: October 12, 2015 at 10:15:04 AM EDT To: Patricia Sullivan Subject: Request for Records Dear Patricia, I hereby ?le a records request for all documentation and ?nancial records related to the City's decision to use the law ?rm of Weiss, Serota, Helfman, Cole and Biennan to defend of?cer Alejandro Murguido in Miami?Dade County case no. 15-08342 CA 08. This is a civil lawsuit for defamation per se and intentional in?iction of emotional distress, for actions taken by Alejandro Murguido While off-duty and acting in his personal and not of?cial capacity. I am also requesting documentation as to who made the decision to have the City defend this of?cer. Thanks Dr. James Eric McDonough EXHIBIT Email Requesting CITY Defend Murguido Maria Cerice From: Cmdr. Antonio Aquino Jent: Thursday, April 16, 2015 2:18 PM To: Vivian Manach Cc: Chief Alexander Rolle; Major Scott Kennedy; Priscilla Thompson Subject: Re: James McDonough lawsuit Thank you Commander Antonio Aquino Homestead Police Department Professional Compliance Bureau 1601 SE 28 Avenue Homestead, FL 33035 Office: 305?224?5520 Fax: 305?242-0537 E-mail: AAquino@homesteadpolice.com On Apr 16, 2015, at 1:38 PM, Vivian Manach wrote: Good Afternoon Commander Aquino. I am forwarding this to Priscilla so that she can check with our insurance carrier to see whether this would be a covered claim. We will keep you posted. Please let me know if you have any questions. Vivian I 2 Vivian Ma?ach, PHR Director of Human Resources City of Homestead Office: 305-224?4465 Fax: 305-224~4479 From: Cmdr. Antonio Aquino Sent: Thursday, April 16, 2015 12:16 PM To: Vivian Manach Cc: Chief Alexander Rolle; Major Scott Kennedy Subject: James McDonough lawsuit Importance: High Good afternoon Vivian, Officer Murguido was served with a law suit, chief wants to inquire if the City can represent him or assist with this matter. Please advise, Commander Antonio Aquino Professional Compliance Bureau Homestead Police Department 1601 SE 28th Avenue Homestead, FL 33035 Office:(305) 224-5305 Fax: (305) 242?0537 -- . Please consider the environment before printing this e-mail. "Under Florida law, e?mail addresses are public records. If you do not want your e-mail address 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.? The information and any attachments in this Email are proprietary and strictly confidential. it is intended solely for the use of the individual or entity named above. If the reader of this message is not the intended recipient or agent, you are hereby notified that any disclosure, copying, distributing, or taking of any action based on the contents is strictly prohibited and protected by the law governing records confidentiality. If you received this communication in error, please notify the sender and delete this communication. (scan.pdf> EXHIBIT Responsive WSH Billing Invoices WEISS SEROTA HELFMAN COLE BIERMAN, PL. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables, Florida 33134 305-854-0800 Fax 305?854-2323 Tax ID No. 20?8112403 Homestead, City of October 23, 2015 do Ms. Priscilla Thompson Invoice 172224 Homestead Risk Manager Page 1 of 1 790 N. Homestead Blvd. Homestead, FL 33030 2847 Homestead, City of Re: 1126 McDonough, James - Liability - COH Retainer For Professional Services Rendered Date Services Hours Amount 09/29/15 eis Receipt And Review Of Notice Of Postponement Of 0.30 0.00 Hearing Filed By Defendant, Luis Gomes 09/29/15 Receipt And Review Of Service Of Court Document 0.30 0.00 From Clerk Of The Court Enclosing Notice Of Postponement Of Hearing Filed By Defendant, Luis Gomes 09/29/15 els Preparation And Review Of Correspondence To Mr, 0.30 0.00 McDonough Regarding otion To Dismiss 09/29/15 els Preparation And Review Of Correspondence To Mr. 0.30 0.00 Jabro Regarding Motion To Dismiss Total Professional Services 1.20 $0.00 Invoice Summary For Professional Services 0.00 For Disbursements Incurred 0.00 Total this Invoice $0.00 Past Due Balance $138.87 Total Balance Due $138.87 WEISS SEROTA HELFMAN COLE 8: BIERMAN, PL. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables, Florida 33134 305?854-0800 Fax 305?854?2323 Tax ID No. 20?8112403 Homestead, City of October 1, 2015 do Ms. Priscilla Thompson Invoice 171168 Homestead Risk Manager Page 1 of 1 790 N. Homestead Blvd. Homestead, FL 33030 CLIENT: 2847 Homestead, City of Re: 1126 McDonough, James - Liability COH Retainer For Professional Services Rendered Date Services Hours Amount 08/06/15 els Preparation And Review Of Correspondence To Mr. 0.30 0.00 Spencer Regarding Council Meeting With Enclosure 08/06/15 Preparation And Review Of Correspondence To Ms. 0.30 000 Thompson With Enclosure Total Professional Services 0.60 $0.00 Invoice Summary For Professional Services 0.00 For Disbursements Incurred 0.00 Total this invoice $0.00 WEISS SEROTA HELFMAN COLE BIERMAN, P.L. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables, Florida 33134 305-854?0800 Fax 305?854-2323 Tax ID No. 20~81 12403 Homestead, City of do Ms. Priscilla Thompson Homestead Risk Manager 790 N. Homestead Blvd. Homestead, FL 33030 CLIENT: 2847 - Homestead. City of Re: 1126 McDonough, James - Liability - COH Retainer For Disbursements Incurred Date 09/0411 5 09/04/1 5 09/04/15 Description Misc. Advanced Person Search - LO, LLC Misc. Advanced - Social Media - TLO, LLC Misc. Comprehensive Report TLO, LLC Westlaw Research Total Disbursements Incurred invoice Summary For Professional Services For Disbursements Incurred Total this Invoice October 21, 2015 Invoice 172203 Page 1 of 1 Amount 2.00 1.00 10.00 125.87 $138.87 0.00 138.87 $138.87 Homestead, City of WEISS SEROTA HELFMAN COLE 8: BIERMAN, PL. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables, Florida 33134 305?854?0800 Fax 305~854-2323 Tax ID No. 20-81 12403 c/o Ms. Priscilla Thompson Homestead Risk Manager 790 N. Homestead Bivd. Homestead, FL 33030 Re: Date 07/15/15 07/15/15 07/15/15 07/15/15 07/15/15, 07/15/15 07/15/15 07/16/15 07/16/15 07/17/15 07/17/15 07/17/15 07/17/15 2847 - Homestead, City of 1126 McDonough, James - Liability COH Retainer els els els els els els els For Professional Services Rendered Services Preparation And Review Of Notice Of Appearance Preparation And Review Of Designation Of Email Addresses Preparation And Review Of Correspondence To Mr. Greenstein Regarding His Representation Of Plaintiff Preparation And Review Of Service Of Court Document To Mr. McDonough And Mr. Jabro Enclosing Notice Of Appearance And Designation Of Email Addresses Receipt And Review Of Service Of Court Document From Clerk Of The Court Enclosing Notice Of Appearance And Designation Of Email Addresses Preparation And Review Of Correspondence To Mr. Greenstein With Enclosur And Analyze Telephone Conference With Travelers Adjuster Review And Evaluate Motion to Dismiss and Legal Research Receipt And Review Of Correspondence From Mr. Greenstein Regarding Jam es McDonough Preparation And Review Of Service Of Court Document To Mr. McDonough Enclosing Motion To Dismiss Receipt And Review Of Service Of Court Document From Clerk Of The Court Enclosing Motion To Dismiss Review And Evaluate Motion to Dismiss September 1, 2015 Invoice 170062 Hours 0.30 0.30 0.20 0.30 0.30 0.20 2.00 0.30 2.50 0.20 0.30 0.30 5.00 Page 1 of 2 Amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Client Ref: 2847 - 1126 September 1, 2015 Invoice 170062 Page 2 of 2 For Professional Services Rendered Date Services Hours Amount 07/20/15 els Review And Evaluate New Claim for 1983 Damages 1.00 0.00 and Research I 07/23/15 els Receipt And Review Of Corr dence From Mr. 0.20 0.00 Ostrow Dated July 7, 2015 Regarding Claim Of James McDonough 07/23/15 els Receipt And Review Of Correspondence To Mr. 020 0.00 Ostrow Regarding Claim Of James McDonough 07/24/15 els Telephone Conference With Ricky Rivera and Scott 1.00 0.00 Kennedy, File Review and Background 07/24/15 els Review And Evaluate . .. 3.00 0.00 07/27/15 els Review And Evaluate . 1.00 0.00 07/27/15 els Preparation And Review Of Notice Of Hearing 0.30 0.00 Defendant's Motion To Dismiss 07/28/15 Preparation And Review Of Service Of Court 0.20 0.00 Document To Mr. McDonough Enclosing Notice Of Hearing On Motion To Dismiss 07128/15 Receipt And Review Of Service Of Court Document 0.20 0.00 From Clerk Of The Court Enclosing Notice Of Hearing On Motion To Dismiss 07/29/15 els Preparation And Review Of Correspondence To Mr. 030 0.00 Murguidc Enclosing Motion To Dismiss And Notice Of Hearing 07/29/15 Preparation And Review Of Correspondence To Mr. 0.20 0.00 Murguido With Enclosures 07/29/15 Preparation And Review Of Correspondence To Ms. 0.20 000 Thompson With Enclosures 07/30/15 els Receipt And Review Of Notice Of Hearing Regarding 0.30 0.00 Defendant Louis Gomez Motion To Dismiss 07/30/15 Receipt Arid Review Of Service Of Court Document 0.20 0.00 From Clerk Of The Court Enclosing Notice Of Hearing Regarding Defendant Louis Gomez Motion To Dismiss Total Professional Services 20.50 $0.00 Invoice Summary For Professional Services 0.00 For Disbursements Incurred 0.00 Total this Invoice $0.00 EXHIBIT Reply to Sewell Requesting Remaining Records 11/22/2019 Gmail - Response to PRR Dated November 12, 2019 Eric McDonough Response to PRR Dated November 12, 2019 Eric McDonough Tue, Nov 19, 2019 at 2:20 PM To: Elizabeth Sewell Cc: slosner@cityofhomestead.com, sfletcher@cityofhomestead.com, Stephen Shelley , Jenifer Bailey , Patricia Fairclough , Larry Roth , George Gretsas , Al Rolle Dear Elizabeth, I hope you are having a wonderful day. Thank you for your response to my November 12, 2019 records request. However, I am perplexed at your response and the interpretation(s) you have made. Once again I am requesting immediate production of all records which were responsive at the time I originally filed the request in 2015. This means all related records "ad infinitum." Apparently your attorney, Sam Zeskind, does not understand what "all" means unless I add the term ad infinitum, Zeskind also basically stated this on the record, at the September 12, 2016 hearing. For the record ad infintum does not modify the term "all". If the city has records in its possession that are in anyway related to the defense of, or decision to defend, Murguido when he was being sued in a civil case in his individual capacity, and they were responsive and available on October 12, 2015, I want them, period. This means any and all responsive records related to the defense of and decision to defend Murguido in this civil case ad infinitum. Additionally, while Murguido may have a confidentiality privilege with the attorneys about the civil case at issue, the city and Murguido, and the city and the attorney do not. I expect all of the responsive records requested which are in the possession of the city, not it's contractor(s), to be provided fully and completely by the end of the week, and any withheld or redacted material to state the specific reason for withholding and redaction. Regards, Dr. James Eric McDonough On Tue, Nov 19, 2019 at 11:53 AM Elizabeth Sewell wrote: [Quoted text hidden] https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-a%3Ar2670730591378560931&simpl=msg-a%3Ar267073059… 1/1 11/22/2019 Gmail - Response to PRR Dated November 12, 2019 Eric McDonough Response to PRR Dated November 12, 2019 Eric McDonough Tue, Nov 19, 2019 at 2:25 PM To: Elizabeth Sewell Cc: slosner@cityofhomestead.com, sfletcher@cityofhomestead.com, Stephen Shelley , Jenifer Bailey , Patricia Fairclough , Larry Roth , George Gretsas , Al Rolle Dear Elizabeth, Sorry I made a mistake in that last email. I am asking for all responsive records available on November 19, 2015 when the city responded to the original request. NOT the earlier date when the request was filed. Thank you. Dr. James Eric McDonough [Quoted text hidden] https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-a%3Ar-1729478280599242436&simpl=msg-a%3Ar-17294782… 1/1 EXHIBIT Mandel Asserting All Records Provided and Case in Moot 11/26/2019 Gmail - Scheduling hearings Eric McDonough Scheduling hearings Matthew H. Mandel To: Eric McDonough Cc: "Samuel I. Zeskind" Mon, Mar 11, 2019 at 5:37 PM Hello Dr. McDonough, Thank you for your wishes, and the same to you. Regarding Case No. 17-017515, we are available for a mo on calendar hearing on March 21, which is the next available mo on calendar. Judge Rebull’s calendar is suspended the following week, and it does not resume un l April 2 (though I am not available on that date). If you are not available on March 21, I can be available on April 4. Please let me know. As for Case No. 19-06869, I understand that you now have the requested documents, which the City has not charged you for. So the ma er is moot, and we do not see any basis for a hearing on that case. Best regards. From: Eric McDonough Sent: Monday, March 11, 2019 3:57 PM To: Ma hew H. Mandel Subject: Scheduling hearings Dear Counselor, It is hoped you are well. It is assumed that you will be representing City of Homestead in the recently filed case, Case No. 19-06869. I was seeing if we could confer on setting a hearing in this case at the earliest possible time. I was also checking on when we could set a hearing for the Discovery Motions in case, Case No. 17-017515. You stated that you would work to set the heating as soon as the case was transferred back to Judge Rebull, which occurred last week. Please respond as soon as you are able so we can set hearings for these cases. https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1627746750404620524&dsqt=1&simpl=msg-f%3A16277… 1/2 11/26/2019 Gmail - Scheduling hearings Thank you. Dr. James Eric McDonough Matthew H. Mandel Member / Chair, Litigation Division 200 East Broward Blvd., Suite 1900 Fort Lauderdale, FL 33301 P: (954) 763-4242 F: (954) 764-7770 wsh-law.com vCard THINK BEFORE YOU PRINT This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954) 763-4242 or by return e-mail and delete the message, along with any attachments. Pursuant to the Fair Debt Collection Practices Act, this communication is from a debt collector. Any information obtained will be used for the purpose of collecting a debt. https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1627746750404620524&dsqt=1&simpl=msg-f%3A16277… 2/2 EXHIBIT Sewell Email ?Remaining Responsive Records? Provided 11/26/2019 Gmail - Response for Remaining non-produced records Eric McDonough Response for Remaining non-produced records Elizabeth Sewell To: Eric McDonough Fri, Mar 15, 2019 at 2:42 PM Good a ernoon Mr. McDonough, The remaining responsive records are in the below dropbox link. https://www.dropbox.com/sh/29mthue5x4aya4j/AAAinxseeIiDctDDFKVSLjGPa?dl=0 From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Wednesday, March 13, 2019 10:04 PM To: Elizabeth Sewell Cc: Ma hew Pearl ; Ma hew H. Mandel Subject: Remaining non-produced records Dear Elizabeth, I have not received a response acknowledging my request this morning for the remaining responsive records which were not supplied in the initial response on 3/11/2019. As you are aware Judge Rodriguez issued an Alternative Writ in Mandamus today requiring the City to respond with its defenses within 20 days, thereafter an immediate hearing will be set. While my Amended Complaint stated that records were provided on 3/11/2019, it was not clear that not all records had been produced. Please provide the remaining responsive records by Monday 3/18/2019. If you fail to produce the remaining records I will have to consider contacting Judge Rodriguez's chambers again to set an additional immediate hearing to force their production, as is my right under FS. 119.11(1). However, I prefer to minimize time and resources wasted by all parties including the court. Thank you for your compliance. https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1628098164443152861&simpl=msg-f%3A162809816444… 1/2 11/26/2019 Gmail - Response for Remaining non-produced records Dr. James Eric McDonough https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1628098164443152861&simpl=msg-f%3A162809816444… 2/2 EXHIBIT Third Set of Responsive Records 11/26/2019 Gmail - Response for Remaining non-produced records Eric McDonough Response for Remaining non-produced records Elizabeth Sewell To: Eric McDonough Cc: Julissa Chavez Thu, Mar 21, 2019 at 12:22 PM Good a ernoon Mr. McDonough, A ached are addi onal records responsive to your public records request dated February 18, 2019. These records have been redacted pursuant to sec on 119.071(5)(b), Florida Statutes (“Bank account numbers and debit, charge, and credit card numbers held by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Cons tu on.”). Also, addi onal responsive records, in the form of doctors’ notes required to substan ate medical leave requests, have been withheld as confiden al and exempt from disclosure pursuant to Health Insurance Portability and Accountability Act Privacy Rule of 1996 (HIPAA), and sec ons 119.071(4)(b), 112.08(7), 395.3025(7) (a), 456.057, Fla. Stat. From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Monday, March 18, 2019 12:26 PM To: Elizabeth Sewell Subject: Re: Response for Remaining non-produced records Hello Elizabeth, I was able to access the 153 page PDF. As to any other documents, it is clear that the City is playing games with the public records law. I will be better able to answer that question after discovery and depositions have been completed. Thank you. Dr. James Eric McDonough On Mon, Mar 18, 2019, 10:53 AM Elizabeth Sewell wrote: Good morning Mr. McDonough, Please confirm that you were able to access the 153-page PDF in the dropbox link that was provided by email on Friday, March 15, 2019. Also, with respect to the “other responsive documents” you are reques ng, please provide clarifica on as to what records you are seeking. If there is a specific record or category of records that you believe is responsive to your https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1628632941845181132&dsqt=1&simpl=msg-f%3A16286… 1/4 11/26/2019 Gmail - Response for Remaining non-produced records request but has not been produced, please iden fy them so that the City can conduct a further search of its records. Thank you From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Friday, March 15, 2019 8:12 PM To: Elizabeth Sewell Cc: Ma hew H. Mandel ; Ma hew Pearl Subject: Re: Response for Remaining non-produced records I have the records you have sent me about 5 times now. Unless there is something on the CD not on the Dropbox link, I am not interested in it. However, I do appreciate you providing at least some of the other responsive documents proving that the City had violated the law at least twice in this records request. If anyone wants to admit that that willfully denied me the records that would be great. I haven't heard back on the dates for taking your deposition in this case. Would you like to provide a date for the next week or two? If I don't hear back by Monday at 4 pm, I'll just serve another subpoena. Thanks. Dr. James Eric McDonough On Fri, Mar 15, 2019, 8:02 PM Elizabeth Sewell wrote: Good evening Mr. McDonough, In addition to the dropbox links that I have sent twice, the records are on a disc that is ready for you to pick up at city hall. From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Friday, March 15, 2019 5:15 PM To: Elizabeth Sewell Cc: Ma hew Pearl ; Ma hew H. Mandel ; Samuel I. Zeskind Subject: Re: Response for Remaining non-produced records Since you were emailing me a second time, I thought you were ready to provide the rest of the responsive documents. https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1628632941845181132&dsqt=1&simpl=msg-f%3A16286… 2/4 11/26/2019 Gmail - Response for Remaining non-produced records Guess I was mistaken. On Fri, Mar 15, 2019, 5:13 PM Elizabeth Sewell wrote: This email was sent to you at 2:42pm with a drop box link with the records. Please see the below emails. Thank you. From: Elizabeth Sewell Sent: Friday, March 15, 2019 5:01 PM To: 'Eric McDonough' Subject: FW: Response for Remaining non-produced records From: Elizabeth Sewell Sent: Friday, March 15, 2019 2:42 PM To: 'Eric McDonough' Subject: Response for Remaining non-produced records Good a ernoon Mr. McDonough, The remaining responsive records are in the below dropbox link. https://www.dropbox.com/sh/29mthue5x4aya4j/AAAinxseeIiDctDDFKVSLjGPa?dl=0 From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Wednesday, March 13, 2019 10:04 PM To: Elizabeth Sewell Cc: Ma hew Pearl ; Ma hew H. Mandel Subject: Remaining non-produced records Dear Elizabeth, I have not received a response acknowledging my request this morning for the remaining responsive records which were not supplied in the initial response on 3/11/2019. As you are aware Judge Rodriguez issued an Alternative Writ in Mandamus today requiring the City to respond with its defenses within 20 days, thereafter an immediate hearing will be set. https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1628632941845181132&dsqt=1&simpl=msg-f%3A16286… 3/4 11/26/2019 Gmail - Response for Remaining non-produced records While my Amended Complaint stated that records were provided on 3/11/2019, it was not clear that not all records had been produced. Please provide the remaining responsive records by Monday 3/18/2019. If you fail to produce the remaining records I will have to consider contacting Judge Rodriguez's chambers again to set an additional immediate hearing to force their production, as is my right under FS. 119.11(1). However, I prefer to minimize time and resources wasted by all parties including the court. Thank you for your compliance. Dr. James Eric McDonough Murguido Travel Information.PDF 555K https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1628632941845181132&dsqt=1&simpl=msg-f%3A16286… 4/4 EXHIBIT Fourth Set of Responsive Records 11/26/2019 Gmail - Response for Remaining non-produced records PRR 2/18/2019 Eric McDonough Response for Remaining non-produced records PRR 2/18/2019 Elizabeth Sewell To: Eric McDonough Tue, Mar 26, 2019 at 2:01 PM Good a ernoon Mr. McDonough, A ached are emails concerning workers’ comp leave taken by Officer Murguido in 2014. Please note that that the medical records a ached to the February 23, 2014 email have been withheld as confiden al and exempt from disclosure pursuant to the Health Insurance Portability and Accountability Act Privacy Rule of 1996 (“HIPAA”), and sec ons 119.071(4)(b), 112.08(7), 395.3025(7)(a), 456.057, Fla. Stat. The incident report(s)/workers comp reports and accident reports referenced in your emails below were not part of the leave process and were not used to substan ate any requests for leave. Therefore, such reports are not responsive to your February 18, 2019 request. As a result, the City will process your request for these reports rela ng to Officer Murguido as a new request, of which the City acknowledges receipt. From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Tuesday, March 26, 2019 12:46 PM To: Elizabeth Sewell Cc: Ma hew H. Mandel ; Ma hew Pearl ; Samuel I. Zeskind ; Elvis Maldonado ; Patricia Fairclough ; George Gretsas ; Jenifer Bailey ; Larry Roth ; Stephen Shelley ; Jon Burgess Subject: Re: Response for Remaining non-produced records Dear Elizabeth, I have not heard back from you regarding the still unprovided responsive documents regarding the Worker's Comp leave Officer Alejandro Murguido took between February 7, 2014 and March 1, 2014. This would include at least: 1) The State Workers Comp reporting form which is required by the State; and 2) The City of Homestead Accident Report used to report accidents to human resources. Both of these are public records and should not be exempt. Please provide these records and any and all further records responsive to the February 18, 2019 records request immediately. Thank you, Dr. James Eric McDonough On Sat, Mar 23, 2019 at 3:45 PM Eric McDonough wrote: https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1629092179403686055&simpl=msg-f%3A162909217940… 1/6 11/26/2019 Gmail - Response for Remaining non-produced records PRR 2/18/2019 Dear Elizabeth, Sorry for not replying earlier to your response. I had to wait so as not to reply in anger. What is crystal clear is that you hold me in contempt, think I am mentally deficient, and treat me and others as such to your employer's detriment. Twice now, after providing the first set of records after the filing of suit, you have provided additional records responsive to my 2/18/2019 records request. Yet, you have still failed to provided all responsive records. For instance you claim that additional responsive records required to substantiate medical leave request are exempt under FS. 119 and HIPPA. I agree that doctor's notes and medical records are exempt. However, are you proposing Murguido took an entire month of workers comp leave and there is no incident report for this? He had to of gotten hurt at work to take a month off under workers comp correct? As Murguido has been in at least 8 to 9 accidents in police vehicles to my knowledge, and drives like a absolute maniac, it is assumed that Murguido was in yet another accident. If so hopefully his reckless driving only hurt himself this time and not others. Not sure of this maybe he slipped and fell, or got shot by a suspect, etc. Regardless, the actual incident report of him being injured at work is not a medical record and should not be exempt. Yet, you have failed to provide this record(s) after three attempts to produce responsive records now. Is there a reason the incident report has not been provided to date? Will you be providing me with this record(s) voluntarily or will you make the Judge force you to? Sadly, your non-compliance with statutory obligations has led to your employer being sued yet again. I must ask are you purposefully trying to increase the attorney fees, currently at least a quarter of a millions dollars, which the City is paying to defend non-compliance of your office with the Public Records Act? Thank you for your time. I look forward to expeditiously receiving more records responsive to my 2/18/2019 request. Hopefully you will provide all the remaining responsive records to my request, but that is doubtful. Dr. James Eric McDonough On Thu, Mar 21, 2019 at 12:23 PM Elizabeth Sewell wrote: Good a ernoon Mr. McDonough, A ached are addi onal records responsive to your public records request dated February 18, 2019. These records have been redacted pursuant to sec on 119.071(5)(b), Florida Statutes (“Bank account numbers and debit, charge, and credit card numbers held by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Cons tu on.”). Also, addi onal responsive records, in the form of doctors’ notes required to substan ate medical leave requests, have been withheld as confiden al and exempt from disclosure pursuant to Health Insurance Portability and Accountability Act Privacy Rule of 1996 (HIPAA), and sec ons 119.071(4)(b), 112.08(7), 395.3025(7)(a), 456.057, Fla. Stat. From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Monday, March 18, 2019 12:26 PM https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1629092179403686055&simpl=msg-f%3A162909217940… 2/6 11/26/2019 Gmail - Response for Remaining non-produced records PRR 2/18/2019 To: Elizabeth Sewell Subject: Re: Response for Remaining non-produced records Hello Elizabeth, I was able to access the 153 page PDF. As to any other documents, it is clear that the City is playing games with the public records law. I will be better able to answer that question after discovery and depositions have been completed. Thank you. Dr. James Eric McDonough On Mon, Mar 18, 2019, 10:53 AM Elizabeth Sewell wrote: Good morning Mr. McDonough, Please confirm that you were able to access the 153-page PDF in the dropbox link that was provided by email on Friday, March 15, 2019. Also, with respect to the “other responsive documents” you are reques ng, please provide clarifica on as to what records you are seeking. If there is a specific record or category of records that you believe is responsive to your request but has not been produced, please iden fy them so that the City can conduct a further search of its records. Thank you From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Friday, March 15, 2019 8:12 PM To: Elizabeth Sewell Cc: Ma hew H. Mandel ; Ma hew Pearl Subject: Re: Response for Remaining non-produced records I have the records you have sent me about 5 times now. Unless there is something on the CD not on the Dropbox link, I am not interested in it. However, I do appreciate you providing at least some of the other responsive documents proving that the City had violated the law at least twice in this records request. If anyone wants to admit that that willfully denied me the records that would be great. I haven't heard back on the dates for taking your deposition in this case. Would you like to provide a date for the next week or two? If I don't hear back by Monday at 4 pm, I'll just serve another subpoena. https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1629092179403686055&simpl=msg-f%3A162909217940… 3/6 11/26/2019 Gmail - Response for Remaining non-produced records PRR 2/18/2019 Thanks. Dr. James Eric McDonough On Fri, Mar 15, 2019, 8:02 PM Elizabeth Sewell wrote: Good evening Mr. McDonough, In addition to the dropbox links that I have sent twice, the records are on a disc that is ready for you to pick up at city hall. From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Friday, March 15, 2019 5:15 PM To: Elizabeth Sewell Cc: Ma hew Pearl ; Ma hew H. Mandel ; Samuel I. Zeskind Subject: Re: Response for Remaining non-produced records Since you were emailing me a second time, I thought you were ready to provide the rest of the responsive documents. Guess I was mistaken. On Fri, Mar 15, 2019, 5:13 PM Elizabeth Sewell wrote: This email was sent to you at 2:42pm with a drop box link with the records. Please see the below emails. Thank you. From: Elizabeth Sewell Sent: Friday, March 15, 2019 5:01 PM To: 'Eric McDonough' Subject: FW: Response for Remaining non-produced records From: Elizabeth Sewell Sent: Friday, March 15, 2019 2:42 PM To: 'Eric McDonough' Subject: Response for Remaining non-produced records https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1629092179403686055&simpl=msg-f%3A162909217940… 4/6 11/26/2019 Gmail - Response for Remaining non-produced records PRR 2/18/2019 Good a ernoon Mr. McDonough, The remaining responsive records are in the below dropbox link. h ps://www.dropbox.com/sh/29mthue5x4aya4j/AAAinxseeIiDctDDFKVSLjGPa?dl=0 From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Wednesday, March 13, 2019 10:04 PM To: Elizabeth Sewell Cc: Ma hew Pearl ; Ma hew H. Mandel Subject: Remaining non-produced records Dear Elizabeth, I have not received a response acknowledging my request this morning for the remaining responsive records which were not supplied in the initial response on 3/11/2019. As you are aware Judge Rodriguez issued an Alternative Writ in Mandamus today requiring the City to respond with its defenses within 20 days, thereafter an immediate hearing will be set. While my Amended Complaint stated that records were provided on 3/11/2019, it was not clear that not all records had been produced. Please provide the remaining responsive records by Monday 3/18/2019. If you fail to produce the remaining records I will have to consider contacting Judge Rodriguez's chambers again to set an additional immediate hearing to force their production, as is my right under FS. 119.11(1). However, I prefer to minimize time and resources wasted by all parties including the court. Thank you for your compliance. Dr. James Eric McDonough 5 attachments Murguido- WC status dated 02-13-14.pdf 66K Payroll for February 9, 2014.PDF 146K Payroll for February 16, 2014.PDF 162K https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1629092179403686055&simpl=msg-f%3A162909217940… 5/6 11/26/2019 Gmail - Response for Remaining non-produced records PRR 2/18/2019 Payroll for February 23, 2014.PDF 139K Payroll for March 2, 2014.PDF 101K https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1629092179403686055&simpl=msg-f%3A162909217940… 6/6 EXHIBIT Fifth Set of Responsive Records 11/26/2019 Gmail - Response for Remaining Worker's Compensation records Eric McDonough Response for Remaining Worker's Compensation records Elizabeth Sewell To: Eric McDonough Thu, Mar 28, 2019 at 3:02 PM Good a ernoon Mr. McDonough, A ached are the ini al workers comp reports and corresponding accident reports you requested. Please note that the records have been redacted pursuant to § 119.071(4)(a)(1), Fla. Stat. (social security numbers) and § 119.071(4) (d)(1)2.a., Fla. Stat. (home addresses, telephone numbers and dates of birth of sworn law enforcement personnel). In addi on, corresponding medical records have been withheld as confiden al and exempt from disclosure pursuant to the Health Insurance Portability and Accountability Act Privacy Rule of 1996 (“HIPAA”), and sec ons 119.071(4)(b), 112.08(7), 395.3025(7)(a), 456.057, Fla. Stat. From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Tuesday, March 26, 2019 12:46 PM To: Elizabeth Sewell Cc: Ma hew H. Mandel ; Ma hew Pearl ; Samuel I. Zeskind ; Elvis Maldonado ; Patricia Fairclough ; George Gretsas ; Jenifer Bailey ; Larry Roth ; Stephen Shelley ; Jon Burgess Subject: Re: Response for Remaining non-produced records Dear Elizabeth, I have not heard back from you regarding the still unprovided responsive documents regarding the Worker's Comp leave Officer Alejandro Murguido took between February 7, 2014 and March 1, 2014. This would include at least: 1) The State Workers Comp reporting form which is required by the State; and 2) The City of Homestead Accident Report used to report accidents to human resources. Both of these are public records and should not be exempt. Please provide these records and any and all further records responsive to the February 18, 2019 records request immediately. Thank you, Dr. James Eric McDonough On Sat, Mar 23, 2019 at 3:45 PM Eric McDonough wrote: Dear Elizabeth, Sorry for not replying earlier to your response. I had to wait so as not to reply in anger. What is crystal clear is that you hold me in contempt, think I am mentally deficient, and treat me and others as such to your employer's detriment. https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1629277206416819292&simpl=msg-f%3A162927720641… 1/5 11/26/2019 Gmail - Response for Remaining Worker's Compensation records Twice now, after providing the first set of records after the filing of suit, you have provided additional records responsive to my 2/18/2019 records request. Yet, you have still failed to provided all responsive records. For instance you claim that additional responsive records required to substantiate medical leave request are exempt under FS. 119 and HIPPA. I agree that doctor's notes and medical records are exempt. However, are you proposing Murguido took an entire month of workers comp leave and there is no incident report for this? He had to of gotten hurt at work to take a month off under workers comp correct? As Murguido has been in at least 8 to 9 accidents in police vehicles to my knowledge, and drives like a absolute maniac, it is assumed that Murguido was in yet another accident. If so hopefully his reckless driving only hurt himself this time and not others. Not sure of this maybe he slipped and fell, or got shot by a suspect, etc. Regardless, the actual incident report of him being injured at work is not a medical record and should not be exempt. Yet, you have failed to provide this record(s) after three attempts to produce responsive records now. Is there a reason the incident report has not been provided to date? Will you be providing me with this record(s) voluntarily or will you make the Judge force you to? Sadly, your non-compliance with statutory obligations has led to your employer being sued yet again. I must ask are you purposefully trying to increase the attorney fees, currently at least a quarter of a millions dollars, which the City is paying to defend non-compliance of your office with the Public Records Act? Thank you for your time. I look forward to expeditiously receiving more records responsive to my 2/18/2019 request. Hopefully you will provide all the remaining responsive records to my request, but that is doubtful. Dr. James Eric McDonough On Thu, Mar 21, 2019 at 12:23 PM Elizabeth Sewell wrote: Good a ernoon Mr. McDonough, A ached are addi onal records responsive to your public records request dated February 18, 2019. These records have been redacted pursuant to sec on 119.071(5)(b), Florida Statutes (“Bank account numbers and debit, charge, and credit card numbers held by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Cons tu on.”). Also, addi onal responsive records, in the form of doctors’ notes required to substan ate medical leave requests, have been withheld as confiden al and exempt from disclosure pursuant to Health Insurance Portability and Accountability Act Privacy Rule of 1996 (HIPAA), and sec ons 119.071(4)(b), 112.08(7), 395.3025(7)(a), 456.057, Fla. Stat. From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Monday, March 18, 2019 12:26 PM To: Elizabeth Sewell Subject: Re: Response for Remaining non-produced records Hello Elizabeth, https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1629277206416819292&simpl=msg-f%3A162927720641… 2/5 11/26/2019 Gmail - Response for Remaining Worker's Compensation records I was able to access the 153 page PDF. As to any other documents, it is clear that the City is playing games with the public records law. I will be better able to answer that question after discovery and depositions have been completed. Thank you. Dr. James Eric McDonough On Mon, Mar 18, 2019, 10:53 AM Elizabeth Sewell wrote: Good morning Mr. McDonough, Please confirm that you were able to access the 153-page PDF in the dropbox link that was provided by email on Friday, March 15, 2019. Also, with respect to the “other responsive documents” you are reques ng, please provide clarifica on as to what records you are seeking. If there is a specific record or category of records that you believe is responsive to your request but has not been produced, please iden fy them so that the City can conduct a further search of its records. Thank you From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Friday, March 15, 2019 8:12 PM To: Elizabeth Sewell Cc: Ma hew H. Mandel ; Ma hew Pearl Subject: Re: Response for Remaining non-produced records I have the records you have sent me about 5 times now. Unless there is something on the CD not on the Dropbox link, I am not interested in it. However, I do appreciate you providing at least some of the other responsive documents proving that the City had violated the law at least twice in this records request. If anyone wants to admit that that willfully denied me the records that would be great. I haven't heard back on the dates for taking your deposition in this case. Would you like to provide a date for the next week or two? If I don't hear back by Monday at 4 pm, I'll just serve another subpoena. Thanks. Dr. James Eric McDonough https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1629277206416819292&simpl=msg-f%3A162927720641… 3/5 11/26/2019 Gmail - Response for Remaining Worker's Compensation records On Fri, Mar 15, 2019, 8:02 PM Elizabeth Sewell wrote: Good evening Mr. McDonough, In addition to the dropbox links that I have sent twice, the records are on a disc that is ready for you to pick up at city hall. From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Friday, March 15, 2019 5:15 PM To: Elizabeth Sewell Cc: Ma hew Pearl ; Ma hew H. Mandel ; Samuel I. Zeskind Subject: Re: Response for Remaining non-produced records Since you were emailing me a second time, I thought you were ready to provide the rest of the responsive documents. Guess I was mistaken. On Fri, Mar 15, 2019, 5:13 PM Elizabeth Sewell wrote: This email was sent to you at 2:42pm with a drop box link with the records. Please see the below emails. Thank you. From: Elizabeth Sewell Sent: Friday, March 15, 2019 5:01 PM To: 'Eric McDonough' Subject: FW: Response for Remaining non-produced records From: Elizabeth Sewell Sent: Friday, March 15, 2019 2:42 PM To: 'Eric McDonough' Subject: Response for Remaining non-produced records Good a ernoon Mr. McDonough, The remaining responsive records are in the below dropbox link. https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1629277206416819292&simpl=msg-f%3A162927720641… 4/5 11/26/2019 Gmail - Response for Remaining Worker's Compensation records https://www.dropbox.com/sh/29mthue5x4aya4j/AAAinxseeIiDctDDFKVSLjGPa?dl=0 From: Eric McDonough [mailto:phd2b05@gmail.com] Sent: Wednesday, March 13, 2019 10:04 PM To: Elizabeth Sewell Cc: Ma hew Pearl ; Ma hew H. Mandel Subject: Remaining non-produced records Dear Elizabeth, I have not received a response acknowledging my request this morning for the remaining responsive records which were not supplied in the initial response on 3/11/2019. As you are aware Judge Rodriguez issued an Alternative Writ in Mandamus today requiring the City to respond with its defenses within 20 days, thereafter an immediate hearing will be set. While my Amended Complaint stated that records were provided on 3/11/2019, it was not clear that not all records had been produced. Please provide the remaining responsive records by Monday 3/18/2019. If you fail to produce the remaining records I will have to consider contacting Judge Rodriguez's chambers again to set an additional immediate hearing to force their production, as is my right under FS. 119.11(1). However, I prefer to minimize time and resources wasted by all parties including the court. Thank you for your compliance. Dr. James Eric McDonough 20190328144204079.pdf 2624K https://mail.google.com/mail/u/0?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1629277206416819292&simpl=msg-f%3A162927720641… 5/5