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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

Case No. 1:22-cv-24066-KMM

GRACE, INC., et al.,

Plaintiffs,

v.

CITY OF MIAMI,

Defendant.

/

JOINT STATUS REPORT

?e parties file this Joint Status Report in response to the Court’s August 30, 2023 Order 

(ECF 106). ?e parties met telephonically to confer on pending matters on Friday, September 1, 

2023. Attorneys Caroline McNamara, Christopher Merken, Neil Steiner, and Nicholas Warren

attended for Plaintiffs. Attorneys George Levesque, Christopher Johnson, and Jason Unger

attended for Defendant the City of Miami.

?e Court in its Order requested information on three topics: “(1) what discovery, if any, 

the Parties still seek; (2) whether the Parties intend to file motions for summary judgment; and (3) 

whether further mediation would assist in a resolution of the instant Action.” Answers to each 

topic are provided below.

1. What discovery, if any, the Parties still seek

Plaintiffs: Plaintiffs seek documents and deposition testimony, with the goal of clarifying 

issues that still need to be presented at trial. 

a. On August 18, 2023, Plaintiffs served Requests for Production of Documents, 

which were filed by the City as an exhibit to its Motion to Stay Case Pending 

Appeal (ECF 104-4).

b. With respect to depositions:

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i. Plaintiffs seek to depose Miguel De Grandy. If there is no stay currently in 

effect and the Court denies Defendant’s Motion to Stay Case Pending 

Appeal (ECF 104), the Parties have agreed to a date of October 2, 2023 for 

his deposition.

ii. Plaintiffs seek to take a Rule 30(b)(6) deposition of the City. ?e Parties are 

working to set a mutually agreeable date. Plaintiffs shared proposed 

30(b)(6) topics on September 1, 2023.

iii. Plaintiffs may also depose Stephen Cody following De Grandy’s deposition, 

and the Parties are also working to set a mutually agreeable date for his 

deposition as well.

iv. Plaintiffs have conferred with Miami-Dade County to take a Rule 30(b)(6) 

deposition focused on election administration and what is required for the 

County to conduct special elections for the City Commission, and are 

awaiting the County to provide available dates for a deposition.

v. Plaintiffs also expect to depose any experts that the City designates for trial 

testimony, if the City so chooses to designate any experts.

vi. Plaintiffs have agreed that they will not notice the depositions of any city 

commissioners, the City Attorney, or the City Clerk.

vii. Plaintiffs continue to be willing to negotiate in good faith with the City to 

limit the number of depositions and to find dates that fit our various 

schedules while maintaining the January 29, 2024 trial date.

viii. Plaintiffs do not believe it will be warranted under Rule 26 for either side 

to take more than 10 fact witness depositions, and intend to oppose any 

Case 1:22-cv-24066-KMM Document 107 Entered on FLSD Docket 09/06/2023 Page 2 of 6
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motion by the City seeking leave to depose more than 10 fact witnesses.

c. Plaintiffs are evaluating whether to serve any interrogatories or requests for 

admissions.

d. Plaintiffs are prepared to complete all discovery by the current October 21, 2023 

deadline.

He City:

e. For its part, the City notes that discovery has been stayed by either mutual 

agreement or court order for the majority of time the case has been pending, 

since the focus has been on the preliminary injunction proceedings. ?e City’s 

position is that discovery is still stayed at this time as the preliminary injunction 

proceedings are still pending on appeal. When the issue of the stay is resolved, 

the City plans to serve requests for production and to depose the following 

individuals:

i. a Rule 30(b)(6) Representative for GRACE, Inc.; 

ii. a Rule 30(b)(6) Representative for Engage Miami, Inc.;

iii. a Rule 30(b)(6) Representative for South Dade Branch of the NAACP;

iv. a Rule 30(b)(6) Representative for Miami-Dade Branch of the NAACP;

v. Clarice Cooper; 

vi. Yanelis Valdes;

vii. Jared Johnson; 

viii. Alexandra Contreras; 

ix. Steven Miro; 

x. Carolyn Donaldson; 

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xi. Rebecca Pelham; 

xii. Harold Ford; 

xiii. Daniella Pierre; 

xiv. Cory McCartan, Plaintiffs’ expert witness; 

xv. Bryant Moy, Plaintiffs’ expert witness;

xvi. Carolyn Abott, Plaintiffs’ expert witness;

f. ?e City may also depose the following:

i. Joe Arriola;

ii. a Rule 30(b)(6) Representative for Miami-Dade County Elections 

Department; and

iii. Nicholas Warren.

Because there has been no discovery to date, there may be other yet-to-beidentified individuals that the City may wish to depose. Plaintiffs have already 

proffered to the Court declarations, statements, or reports of more than 10 

witnesses. If and when it becomes necessary, Defendant will move the Court 

for leave to exceed the limitations upon the number of depositions imposed 

under Federal Rule of Civil Procedure Rule 30.

g. ?e City has agreed not to present any city commissioners or the City Attorney 

as witnesses at trial or introduce declarations or affidavits from them during this 

case. ?e City stands by its motion to stay proceedings, but will work with 

Plaintiffs to identify agreeable depositions dates for De Grandy, Cody, and a 

30(b)(6) deposition in case the Court denies that motion.

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2. Whether the Parties intend to file motions for summary judgment

a. Plaintiffs do not intend to file a motion for summary judgment. Plaintiffs expect 

that the Parties will each file pre-trial briefs that can be used to focus the issues 

necessary for trial and to inform the Court on what issues need to be presented 

at trial. Plaintiffs hope that such pre-trial briefing can obviate the need for 

summary judgment motions.

b. ?e City expects to file a motion for summary judgment, assuming such a 

motion is supported by the information gleaned in discovery.

3. Whether further mediation would assist in a resolution of the instant Action

a. ?e Parties have conferred and, based on prior mediation and the Parties’ 

respective positions, agree that further mediation would not be worthwhile. ?e 

Parties seek to waive any requirement that they mediate again before trial. 

Respectfully submitted,

/s/ Nicholas L.V. Warren

Nicholas L.V. Warren (FBN 1019018)

ACLU Foundation of Florida

336 East College Avenue, Suite 203

Tallahassee, FL 32301

(786) 363-1769

nwarren@aclufl.org

Daniel B. Tilley (FBN 102882)

Caroline A. McNamara (FBN 1038312)

ACLU Foundation of Florida

4343 West Flagler Street, Suite 400

Miami, FL 33134

(786) 363-2714

dtilley@aclufl.org

cmcnamara@aclufl.org

/s/ George T. Levesque

Jason L. Unger (FBN 991562)

George T. Levesque (FBN 55551)

Andy Bardos (FBN 822671)

GrayRobinson, P.A.

301 S. Bronough Street. Suite 600

Tallahassee, FL 32301

Telephone: (850) 577-9090

Facsimile: (850) 577-3311

Christopher N. Johnson (FBN 69329)

Marlene Quintana, B.C.S. (FBN 88358)

GrayRobinson, P.A.

333 S.E. 2nd Avenue, Suite 3200

Miami, Florida 33131

Telephone: (305) 416-6880

Facsimile: (305) 416-6887

Case 1:22-cv-24066-KMM Document 107 Entered on FLSD Docket 09/06/2023 Page 5 of 6
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Neil A. Steiner*

Dechert LLP

?ree Bryant Park

1095 Avenue of the Americas

New York, NY 10036

(212) 698-3822

neil.steiner@dechert.com

Christopher J. Merken*

Dechert LLP

Cira Centre

2929 Arch Street

Philadelphia, PA 19104

(215) 994-2380

christopher.merken@dechert.com

jocelyn.kirsch@dechert.com

* Admitted pro hac vice

Counsel for Plaintiffs

Christopher.Johnson@gray-robinson.com

Marlene.Quintana@gray-robinson.com

City of Miami Office of the City Attorney

Victoria Méndez (FBN 194931)

John A. Greco (FBN 991236)

Kevin R. Jones (FBN 119067)

Kerri L. McNulty (FBN 16171)

444 S.W. 2nd Avenue

Miami, FL 33130

Telephone: (305) 416-1800

Facsimile: (305) 416-1801

Counsel for Defendant

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