1

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.

/

PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION

Pursuant to Federal Rules of Civil Procedure 26 and 34, Plaintiffs serve their First

Request for Production of Documents on the City of Miami. Plaintiffs request that the City

provide the following documents and things herein requested within 30 days by email; at the 

offices of the ACLU of Florida, 4343 West Flagler Street, Suite 400, Miami, FL 33134; or in

such other method as may be agreed upon by counsel. Each document request is subject to the 

definitions and instructions set forth below. ese requests are continuing in nature, as provided

in Federal Rule of Civil Procedure 26(e).

DEFINITIONS

1. “City” or “City of Miami” means the municipal corporation the City of Miami, its 

elected and appointed officials, its component departments and offices, its board and commissions,

and all other entities formally or informally associated with the government of Miami.

2. “Associated with” means employed by, under contract with, acting as the agent of, 

representing, or otherwise affiliated with, an organization or person.

3. “Commission” and “City Commission” means the Miami City Commission.

4. “Commissioners” means any members of the Miami City Commission during the 

period from 1996 to the present, inclusive.

Case 1:22-cv-24066-KMM Document 104-4 Entered on FLSD Docket 08/25/2023 Page 1 of 11
2

5. “You” or “Your” means the City of Miami and all persons acting or purporting to 

act on its behalf, including its agents and employees.

6. “Communication” is used in the broadest possible sense and means every manner 

or means of disclosure, transfer, or exchange of oral or written information between one or more 

persons, entities, devices, platforms, or systems. 

7. “Complaint” means the First Amended Complaint in this case, ECF No. 23, and 

any subsequently filed amended complaints.

8. “Concerning,” “reflecting,” “regarding,” and “relating to” are used in the broadest

possible sense and mean addressing, analyzing, constituting, containing, commenting, in 

connection with, dealing with, discussing, describing, embodying, evidencing, identifying, 

pertaining to, referring to, reporting, stating, or summarizing.

9. “Document” is used in the broadest possible sense and means anything that may be 

within the meaning of Federal Rule of Civil Procedure 34, and includes any written, printed, typed, 

photocopied, photographed, recorded, or otherwise reproduced or stored communication or 

representation, whether comprised of letters, words, numbers, data, pictures, sounds or symbols, 

or any combination thereof. “Document” includes without limitation: correspondence, 

memoranda, notes, records, letters, envelopes, telegrams, messages, studies, analyses, contracts, 

agreements, working papers, accounts, analytical records, reports and/or summaries of 

investigations, press releases, comparisons, books, calendars, diaries, articles, magazines, 

newspapers, booklets, brochures, pamphlets, circulars, bulletins, notices, drawings, diagrams, 

instructions, notes of minutes of meetings or communications, electronic mail/messages and/or “email,” text messages, social media communications, voice mail messages, instant messaging, 

questionnaires, surveys, charts, graphs, photographs, films, tapes, disks, data cells, print-outs of

Case 1:22-cv-24066-KMM Document 104-4 Entered on FLSD Docket 08/25/2023 Page 2 of 11
3

information stored or maintained by electronic data processing or word processing equipment, all 

other data compilations from which information can be obtained (by translation, if necessary, by 

You through detection devices into usable form), including electromagnetically sensitive storage 

media such as CDs, DVDs, memory sticks, floppy disks, hard disks and magnetic tapes, and any

preliminary versions, as well as drafts or revisions of any of the foregoing, whether produced or 

authored by the City or anyone else. e term “Document(s)” includes the defined term

“Electronically Stored Information,” which is defined below.

10. “Electronically Stored Information” or “ESI” includes, but is not limited to, any 

and all electronic data or information stored on a computing device. Information and data is 

considered “electronic” if it exists in a medium that can only be read through the use of computing 

device. is term includes but is not limited to databases; all text file and word processing

Documents (including metadata); presentation Documents; spreadsheets; graphics, animations, 

and images (including PNG, JPG, GIF, BMP, PDF, PPT, and TIFF files); email, email strings, and

instant messages (including attachments, logs of email history and usage, header information and 

“deleted” files); email attachments; calendar and scheduling events, invites, and information; cache

memory; Internet history files and preferences; audio; video, audiovisual recordings; voicemail

stored on databases; networks; computers and computer systems; computer system activity logs; 

servers; archives; back-up or disaster recovery systems; hard drives; discs; CDs; diskettes; 

removable drives; tapes; cartridges and other storage media; printers; scanners; personal digital 

assistants; computer calendars; handheld wireless devices; cellular telephones; pagers; fax 

machines; and voicemail systems. is term includes but is not limited to onscreen information,

system data, archival data, legacy data, residual data, and metadata that may not be readily 

viewable or accessible, and all file fragments and backup files.

Case 1:22-cv-24066-KMM Document 104-4 Entered on FLSD Docket 08/25/2023 Page 3 of 11
4

11. “Database” means any data sets, reports, programs, and files accessible by

computer that contain data that can be processed and/or sorted using standard spreadsheet or 

database software (including, but not limited to, Microsoft Access and Microsoft Excel). 

12. “Redistricting” means the drawing or redrawing of district lines for City 

Commission districts.

13. “1997 Redistricting Cycle” means Redistricting in advance of and preparation for 

the City of Miami adopting a single-member district system for City Commission. is term

includes the preparation for Redistricting and Redistricting in 1996 and 1997.

14. “2003 Redistricting Cycle” means Redistricting following the 2000 Census. is

term includes the preparation for Redistricting following the release of data from the 2000 Census 

and Redistricting following the release of data from the 2000 Census.

15. “2013 Redistricting Cycle” means Redistricting following the 2010 Census. is

term includes the preparation for Redistricting following the release of data from the 2010 Census 

and Redistricting following the release of data from the 2010 Census.

16. “2022–23 Redistricting Cycle” means Redistricting following the 2020 Census. 

 is term includes the preparation for Redistricting following the release of data from the 2020

Census, Redistricting following the release of data from the 2020 Census, and any and all 

subsequent processes, including litigation, remedial or replacement processes, to alter district lines.

This term includes the processes to enact Resolution 22-131 and Resolution 23-271. 

17. “Past Redistricting Cycles” means the 1997 Redistricting Cycle, the 2003 

Redistricting Cycle, and the 2013 Redistricting Cycle.

18. “Meeting” shall refer not only to in-person meetings, but also to telephonic and 

video conference meetings.

Case 1:22-cv-24066-KMM Document 104-4 Entered on FLSD Docket 08/25/2023 Page 4 of 11
5

19. “Person(s)” shall refer not only to natural persons, but also without limitation to 

firms, partnerships, corporations, associations, unincorporated associations, organizations,

businesses, trusts, government entities, and/or any other type of legal entities. All references to a 

person also include that person’s agents, employees (whether part-time or full-time), and 

representatives.

20. “Possession” means Your immediate possession, including items held by agents 

and employees, and any and all other principals or assigns, as well as constructive possession by 

virtue of Your ability to retrieve the aforesaid Document or information.

21. e term “relating to” shall mean concerning, relating to, pertaining to, consisting

of, constituting, reflecting, evidencing or concerning in any way logically or factually the subject

matter of the request.

22. e term “including” means including but not limited to.

23. “And” and “or” shall be construed both disjunctively and conjunctively to bring 

within the scope of these Document Requests all relevant responses that might otherwise be 

construed outside the scope.

24. “Any” and “all” shall be construed to mean “any and all.”

Case 1:22-cv-24066-KMM Document 104-4 Entered on FLSD Docket 08/25/2023 Page 5 of 11
6

INSTRUCTIONS

1. You are to produce entire Documents including all attachments, cover letters, 

memoranda, and appendices, as well as the file, folder tabs, and labels appended to or containing

any Documents. Each request seeks the requested documents in their entirety, without 

abbreviation, redaction, or expurgation, including all attachments or other matters affixed to them.

Copies which differ in any respect from an original (because, by way of example only, handwritten

or printed notations have been added) should be produced separately. Documents are to be 

produced as they are kept in the ordinary course of business. Please produce all electronically 

stored Documents in electronic, machine-readable form, together with sufficient Documentation

of variable names and descriptions and any other information necessary to interpret and perform 

calculations on such data. 

2. In responding to these document requests, produce all documents available to 

Defendant or subject to Your reasonable access or control. Documents requested are those in the 

actual or constructive possession or control of you, your attorneys, investigators, experts, and 

anyone else acting on your behalf. A document is in Defendant’s possession, custody or control 

(a) if it is in the Defendant’s physical custody, or (b) if it is in the custody of any other person and 

the Defendant: (i) owns such document in whole or in part; (ii) has a right, by contract, statute or 

otherwise, to use, inspect, examine or copy such document on any terms; or (iii) has an 

understanding, express or implied, that the Defendant may use, inspect, examine or copy such 

document when they seek to do so.

3. If there are no documents responsive to any particular category, please so state in 

writing.

Case 1:22-cv-24066-KMM Document 104-4 Entered on FLSD Docket 08/25/2023 Page 6 of 11
7

4. If any documents or parts of documents called for by this document request have 

been lost, discarded or destroyed, identify such documents as completely as possible on a list, 

including the following information: date of disposal, manner of disposal, reason for disposal, 

person authorizing the disposal and person disposing of the document.

5. If You object to any part of a Request, set forth the basis for Your objection and 

respond to all parts of the Request to which You do not object.

6. If any privilege or immunity is claimed as a ground for not producing a Document 

or tangible thing, provide a written log describing the basis for the claim of privilege or immunity 

that identifies each such Document and states the ground on which each such Document is asserted

to be privileged or immune from disclosure. Any attachment to an allegedly privileged or immune 

Document shall be produced unless You contend that the attachment is also privileged or immune 

from disclosure. 

7. Whenever necessary to bring within the scope of a Request a relevant response that 

might otherwise be construed to be outside its scope, the following constructions should be 

applied:

a. Construing the terms “and” and “or” in the disjunctive or conjunctive, as 

necessary, to make the Request more inclusive;

b. Construing the singular form of any word to include the plural and the plural 

form to include the singular;

c. Construing the past tense of the verb to include the present tense and the present 

tense to include the past tense;

d. Construing the masculine form to include the feminine form;

e. Construing “include” to mean include or including “without limitation.”

Case 1:22-cv-24066-KMM Document 104-4 Entered on FLSD Docket 08/25/2023 Page 7 of 11
8

8. ese Document Requests request Documents in Your possession, including

Documents of Your officers, employees, agents, and representatives, and unless privileged, Your

attorneys.

9. ese Document Requests are continuing in character so as to require You to

produce additional Documents if You obtain further or different information at any time before

trial. All responsive Documents in existence as of the date of production are to be produced. Any 

Documents created or obtained after that date are to be produced under Defendant’s continuing 

obligation to supplement their production immediately upon the creation or development of 

additional responsive Documents.

10. If there is any question as to the meaning of any part of these Requests, or an issue 

as to whether production of responsive Documents would impose an undue burden on You, the 

undersigned counsel for Plaintiffs should be contacted promptly.

Case 1:22-cv-24066-KMM Document 104-4 Entered on FLSD Docket 08/25/2023 Page 8 of 11
9

REQUESTS FOR PRODUCTION

REQUEST NO. 1: All Documents and electronically stored information (ESI) related to 

the 2022–23 Redistricting Cycle, including memoranda related to redistricting, methodology used, 

criteria for redistricting and their application, the use of race, proposed maps, boundary lines, 

reports, data, databases, analyses, feedback, instructions, GIS files, consultants and experts

retained, or drafts and proposals for any of the foregoing categories.

 is at a minimum includes, but also includes significantly more than:

(a) all notes, taken electronically, handwritten, or otherwise, by 

commissioners, the Commission, or its staff or consultants, or by any

City offices outside the Commission, related to the Recent Redistricting

Cycles; 

(b) all Communications, Documents, or notes, whether electronic or 

handwritten, transmitted within, to, and/or from the commissioners, the 

Commission or its staff, any City offices outside the Commission, or the

public, related to the Recent Redistricting Cycles; and

(c) all complete or partial draft redistricting plans created by consultants, 

commissioners, Commission staff, or others, including Miguel De

Grandy’s Versions 1 through 11, Version 13, and any subsequent 

Versions after 14.

REQUEST NO. 2: All Documents and electronically stored information (ESI) related to 

the Past Redistricting Cycles, including memoranda related to redistricting, methodology used, 

criteria for redistricting and their application, the use of race, proposed maps, boundary lines, 

Case 1:22-cv-24066-KMM Document 104-4 Entered on FLSD Docket 08/25/2023 Page 9 of 11
10

reports, data, databases, analyses, feedback, instructions, GIS files, consultants and experts

retained, or drafts and proposals for any of the foregoing categories.

 is at a minimum includes, but also includes significantly more than:

(a) all notes, taken electronically, handwritten, or otherwise, by commissioners, the 

Commission, or its staff or consultants, or by any City offices outside the

Commission, related to the Recent Redistricting Cycles; and

(b) all Communications, Documents, or notes, whether electronic or handwritten, 

transmitted within, to, and/or from the commissioners, the Commission or its 

staff, any City offices outside the Commission, or the public, related to the

Recent Redistricting Cycles.

REQUEST NO. 3: All agreements, resolutions, and contracts between the City of Miami 

and Miami-Dade County or its Elections Department regarding the conduct of City of Miami 

elections that govern the 2023 or 2025 elections. 

Case 1:22-cv-24066-KMM Document 104-4 Entered on FLSD Docket 08/25/2023 Page 10 of

11
11

Served this 18th day of August, 2023,

/s/ Christopher J. Merken

Nicholas L.V. Warren (FBN 1019018) Neil A. Steiner*

ACLU Foundation of Florida, Inc. Dechert LLP

336 East College Avenue Three Bryant Park

Suite 203 1095 Avenue of the Americas

Tallahassee, FL 32301 New York, NY 10036

(786) 363-1769 (215) 698-3822

nwarren@aclufl.org neil.steiner@dechert.com

Daniel B. Tilley (FBN 102882) Christopher J. Merken*

Carolina A. McNamara (FBN 1038312) Dechert LLP

ACLU Foundation of Florida, Inc. Cira Centre

4343 West Flagler Street 2929 Arch Street

Suite 400 Philadelphia, PA 19104

Miami, FL 33134 (215) 994-2380

(786) 363-2714 christopher.merken@dechert.com 

dtilley@aclufl.org 

cmcnamara@aclufl.org *Admitted Pro Hac Vice

Counsel for Plaintiffs

Case 1:22-cv-24066-KMM Document 104-4 Entered on FLSD Docket 08/25/2023 Page 11 of

11