Filing # 106708363 E-Filed 04/27/2020 08:31:16 AM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA
Case No.: 2019-030366

STEVEN MIRO

Plaintiff,
v.

CITY OF MIAMI

Defendant.
_______________________________________/

PLAINTIFF’S MOTION TO COMPEL THE CITY OF MIAMI TO

ANSWER PLAINTIFF’S FIRST SET OF INTERROGATORIES,
AND FOR FEES AND COSTS

Pursuant to Rule 1.380, Plaintiff Steven Miro hereby files his

motion to compel the City of Miami to answer the Plaintiff’s first set

of interrogatories and for an award of fees and costs.

1. Defendant’s response to the Plaintiff’s first of

interrogatories was due on April 9, 2020.

2. On April 13, 2020, after the due date came and went

without a response or any communication from the City, the City

responded to Plaintiff’s ‘meet and confer’ email and requested a

belated extension until April 17, 2020. Plaintiff nevertheless agreed

to the untimely request.

 3. As of the date of this filing the City has still not

responded.

4. By rule, all objections are waived.

5. City of Miami should be ordered to respond to the

interrogatories as quickly as possible.

6. City of Miami must pay the Plaintiff’s fees and costs due

to its complete failure to respond.

7. The City has a track record of delaying this lawsuit,

seeking multiple frivolous motions for a protective order,

cancellation of depositions and other tactics.

For the reasons stated above, Plaintiff requests an order

requiring the City to immediately respond to Plaintiff’s first set of

interrogatories without objections and for an award of fees and

costs.

Respectfully submitted,

_/s/ Matthew Sarelson

Matthew Seth Sarelson, Esq.
Florida Bar 888281
MATTHEW SETH SARELSON, P.A.
Attorneys for Plaintiff Steven Miro
2100 Ponce de Leon, Suite 1290
Coral Gables, Florida 33134
305.773.1952
msarelson@sarelson.com

2
 CERTIFICATE OF CONFERRAL

I hereby certify that I conferred with the City of Miami about

this matter but I have been unable to get the City to respond to the

discovery without court intervention.

/s/ Matthew Sarelson

CERTIFICATE OF SERVICE

I hereby certify that on April 27, 2020, I filed this document via

the Court’s e-portal system which will then email it to all counsel of

record.

/s/ Matthew Sarelson

Matthew Sarelson