CASE NO. 16-26031 CA 02 IN THE CIRCUIT COURT OF THE 117" JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL CIRCUIT DIVISION CASE NO. 16-26031 CA 02 GRANT STERN, Plaintiff, v. CITY OF MIAMI BEACH, a political subdivision of the State of Florida, and MAYOR PHILIP LEVINE, Defendants. / GENERAL MAGISTRATE’S REPORT AND RECOMMENDATION ON PLAINTIFF’S MOTION TO COMPEL ATTENDANCE TO DEPOSITION. ‘This Cause came on for hearing on August 9, 2017, pursuant to the Court’s July 6, 20917, Order of Referral on Plaintiff, Grant Stern’s, June 12, 2017, Motion to Compel Defendants’ Attendance to Deposition, and the Magistrate, having heard argument and having reviewed the discovery at issue and the file herein and being otherwise advised in the premises, it is FOUND AND RECOMMENDED 2s follows: 1. The GM finds that the Plaintiff's Motion is premature for failure to serve a Fla. R. Civ. P. 1.310 Notice of Deposition for Mayor Levine and a Fla, R. Civ. P. 1.310(b)(6) Page 1 of 4CASE NO. 16-26031 CA 02 Notice of Deposition for the City of Miami Beach’s corporate representative with designated deposition topics.’ However, for the reasons indicated on the record, the GM also finds that this special set hearing may not have been required had the Defendants clearly indicated that the basis of their opposition to Plaintiff's Motion was the lack of a formal deposition notice. See Fla. R. Civ. P. 1.010 (“These rules shall be construed to secure the just, speedy and inexpensive determination of every action.”) Plaintiff's request for dates to schedule the Defendants’ depositions at a mutually convenient date and time was reasonable and consistent with professionalism guidelines and standards. Defendants’ counsel's response, the basis of the Plaintiff's Motion, was unambiguous. The Defendants refuse to be deposed, they consider even a request to take their depositions to be harassing, and if the Plaintiff notices their ‘depositions, they intend to seek a protective order to prevent their depositions. Finally, Defendants’ counsel strongly encouraged Plaintiff's counsel to reevaluate “this imprudent course of action.” Although the GM hesitates to place form over substance or to require a needless act in the face of unambiguous opposition, the GM is also cognizant of the two-step process for referrals to magistrate’s under Fla. R. Civ. P. 1.490 and the ten day period 'See Carriage Hills Condominium, Inc. v. JBH Roofing & Constructors, Inc., 109 $0.3d 329 (Fla. 4" DCA 2013). Page 2 of 4CASE NO, 16-26031 CA 02 for exceptions. By requiring that the Plaintiff serve formal deposition notices (and, in particular, designated topics for the corporate representative’s deposition), discovery may proceed through depositions or, if disputed, a more fully developed record will be provided for further hearing. 4. Absent timely exceptions pursuant to Fla, R. Civ. P. 1.490, the GM finds that the Plaintiff's Motion to Compel is premature and denies the motion without prejudice pending Plaintiff's service of its Fla. R. Civ. P. 1.310 deposition notices. THIS HEARING WAS RECORDED BY THE MAGISTRATE’S OFFICE ON AUGUST 9, 2017, ON CD NO. 2, TRACK NO. 8. IF YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATIONS MADE BY THE MAGISTRATE, YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITH FLORIDA RULE OF CIVIL PROCEDURE 1.490(). YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR EXCEPTIONS OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED IF NECESSARY FOR THE COURT’S REVIEW. Page 3 of 4CASE NO. 16-26031 CA 02 This Report and Recommendation is filed with the Clerk of Court in Miami, Miami- hae —- beth M. Schwabedissen GYNERAL MAGISTRATE Dade County, Florida, this 9" day of August, 2017. Conformed copies of this Report were furnished by e-mail on August 9, 2017, to: Faudlin Pierre, Esq., fplaw08@yahoo.com Aleksandr Boksner, Esq., aleksandrboksar@miamibeachfleoy aleksandrboksnerEsevice@miamibeach!].gov Mark A. Fishman, Esq,, markfishman@miamibeachfl,gov Page 4 of 4