HomeMy WebLinkAboutSubmittal-Notice of Filing Affidavit of Steven ColiaizziIN THE CICRUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI
DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO 07-19493 CA 27
JERIN ASSOCIATES, INC.
A Florida Corporation
Plaintiff,
Vs.
THE CITY OF MIAMI,
Defendant.
NOTICE OF FILING AFFIDAVIT OF STEVEN COLAIZZI IN OPPOSITION TO
DEFENDANT'S MOTION TO DISMISS AND IN SUPPORT OF PETITIONER'S
WRIT OF MANADAMUS
THE PETITIONER, JERIN ASSOCIATES, INC., a Florida Corporation
files this, its Notice of the Filing of the Affidavit of Steven Colaizzi in opposition to
the Defendant's Motion to Dismiss and in the Support of Petitioner's Writ of
Mandamus.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregeing was
sent vial U.S. Mail to Henry Hunnefeld, Esq., Asst. City Attorney, 444 S.W. 2nd
Avenue, 9th Floor, Miami, FL 33131 and by fax to 305-416-1801 on this 5th day of
November, 2007.
By:
GUY SPIEGELMAN, ESQUIRE
Counsel for Plaintiffs
28 West Flagler Street, Ste. 400
Miami, Florida 33130
Tel: (305) 373-6634
Fax:(305) :73-6638
/Lk
GUYI 7 ELMAN, ESQ.
FL BAN • 169689
IN THE CIRCUIT COURT OF THE ELVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI DADE COUNTY, FLORIDA
CASE NO-07-'Tick CA f
GERNERAL JURISDICTION DIVISION
JERIN ASSOCIATES, INC.
VS.
CITY OF MIAMI, ET. AL.
AFFIDAVIT OF STEVEN COLAIZZI
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME, a Notary Public authorized to make oaths in the State of Florida,
personally appeared Steven Colaizzi, who upon being duly sworn, deposes and says:
1. My name is Steven Colaizzi and I am the President of Real World
Services, Inc, a Miami, Florida based Information Technology and
computer consulting firm. Along with other relevant training, I am a
MicrosofP'M Certified Professional and also a certified MicrosoftTM
Desktop Support Technician.
2. I have been engaged by Jerin Associates, Inc to opine as to whether the
response by the City of Miami to the Public Record Request made by the
Petitioner in this action for specific emails of delineated individuals was
responsive to the request; whether the requested response conformed with
Submitted Into the public
record inconnectionwith
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Industry recognized standards; and in conclusion whether the response
was directed at complying with the request or obfuscating the focus of the
request.
3. The request for emails was specific and succinct enough to have permitted
a qualified IT tech if he had sought to, to have identified the specific
emails requested, including the complete "Mailbox" for each user with
pertinent emails in their native folders. These items are needed in this
format to establish a chain of transmission and detect if any items are
missing, deleted or sanitized.
4. The response was laden with 6,244 easily identifiable quarantined mail
notices, resulting in the delivery of thousands of patently irrelevant emails.
5. The format that the response was delivered in rendered it impossible to
determine the validity of the e-mails received. More importantly,
condensing the data into one large file and not leaving the e-mail in their
native folders raises questions regarding whether other relevant,
identifiable emails were not provided.
6. The inclusion of the 6,244 quarantined mail notices raises the inference of
an effort to engage the recipient in a proverbial effort to have that recipient
engage in a wild goose chase, as the need to delete those 6,244 emails was
patent, calling into question whether they attempted to avoid the delivery
of the requested Public Records Request i.e., emails.
7. It is my professional conclusion that the City of Miami's response to the
Public Records Request was not responsive to the request and was
Submitted Into the publie
recorci in connection
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delivered in a manner rendering it impossible for the recipient to verify if
not obsficate the ability of the recipient, Jerin, to receive the requested
emails. Not providing the entire "Mailbox" for each user with pertinent
emails renders the response fatally incomplete if not purposely evasive.
FURTHER AFFIANT SAYETH NA
Steve
SWORN TO AND SUBSCRIB
NOVEMBER, 2007.
N
GHT.
ON THIS `) DAY OF
Public State of Florida
A arge
SAUL CIMBLER
MY COMMISSION tf DD715715
` EXPIRES September 18, 2011
{107) S18b153 FlorldallotaryServlce.com