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Filing # 62038298 E-Filed 09/27/2017 11:49:23 PM

IN THE CIRCUIT COURT OF THE


ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY,
FLORIDA

GRANT STERN,
CASE NO.:
Plaintiff,

v.

CITY OF MIAMI, a municipal corporation


In the State of Florida, VICTORIA MENDEZ,
City Attorney, City of Miami, FRANCISCO J.
GARCIA, Director of Planning and Zoning,
City of Miami,

Defendants.
_____________________________________/

EX PARTE
MOTION FOR AN IMMEDIATE EMERGENCY HEARING

Plaintiff, GRANT STERN, by and through undersigned counsel, and pursuant to Fla.

Stat. 119.11, hereby files his Ex Parte Motion for an Immediate Emergency Hearing, and in

support thereof, states as follows:

1. Plaintiff is seeking declaratory and injunctive relief against Defendants City of Miami

(City), City Attorney Victoria Mendez (Mendez), and City Planning and Zoning Director

Francisco J. Garcia (Garcia), for their violations of Floridas Public Records Act, Floridas

Public Meetings Act, Miami-Dade Countys Bill of Rights, and the City Charter related to

particular actions taken by the Defendants against Stern when he formally appealed Garcias

approval of Wal-Mart Stores East, LPs (Walmart) application for a Class II Special Permit.

2. The verified Complaint initiating this action (filed concurrently with this Motion)

describes in detail- and includes documentation supporting- the Plaintiffs allegations on the

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three (3) counts plead therein. Plaintiff incorporates the verified Complaint herein by

reference.

3. Count I of the verified Complaint pleads that the Defendants unlawfully violated the

Plaintiffs right to inspect and copy public records in the manner required by Fla. Const. Art. I

24 and Fla. Stats. 119 et seq., and is the subject matter of this Motion.

4. Plaintiff seeks and is entitled to an immediate hearing to enforce the provisions of

Floridas Public Records Act. See Fla. Stat. 119.11(01).

5. Florida law mandates that actions brought under the Public Records Act be heard

immediately, and that the hearing take priority over pending cases. See Salvador v. Fennelly,

593 So.2d 1091, 1093 (Fla. 4th DCA 1992) (disapproved by on distinguishable grounds by

Abdool v. Bondi, 141 So.3d 529 (Fla. 2014)). An immediate hearing is not one scheduled

within a reasonable time, but one scheduled immediately. See Matos v. Office of the State

Attorney for the 17th Judicial Circuit, 80 So.3d 1149 (Fla. 4th DCA 2012). In fact, the only

requirement Florida places on a party to obtain an accelerated hearing is that an action be

filed to enforce its public records laws. Woodfaulk v. State, 935 So.2d 1225 (Fla. 5th DCA

2006).

6. Count I of the verified Complaint alleges that the Defendants unlawfully denied Plaintiff

access to public records in several ways, including, but not limited to, unjustifiably delaying

production of the requested records until after the need for them had passed, failing to admit

or deny the existence of the requested records in the manner required by law, making material

misrepresentations about the existence and location of requested records, failing to respond

to the Plaintiffs request in good faith, concealing the existence of records the Defendants

knew existed, along with allegations that the Defendants did so knowingly and willfully.

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7. Plaintiff requests that this Court grant the following relief at the immediate hearing,

which is appropriate for determination at this preliminary stage of litigation, and is not

necessitated upon the appearance of the Defendants:

A. Order the Defendants to preserve all evidence related to the Plaintiffs records

requests and the requested documents, including, but not limited to (1) all records,

documents, memoranda, communications, applicable to and relating to the Walmart

project, (2) employment and personnel records of all City personnel that came into

contact with the records identified here and elsewhere in this Complaint, the (3) Citys

systems administration logs, access logs, deletion logs, and sunset logs for each

record type and for each location where the records are maintained;

B. Order the Defendants to preserve all records referenced in this Complaint in their

unaltered form and all modified forms, and in their present and/or customary location,

including an instruction that they are not to be transferred, altered or destroyed;

C. Order Defendants to produce all remaining responsive records, or show cause as to

why they are exempt;

D. Order that all relevant records and record types referenced in this Complaint- to which

Defendants claim exemption- be produced for in-camera inspection with the Court;

E. Order Defendants to provide Plaintiff direct access to all the requested records or show

cause as to why he is not entitled to such;

8. As stated earlier, the hearing requested herein does not necessitate the appearance

of the Defendants, and in public records enforcement actions an Order of this nature is

typically entered prior to service, and then served on the Defendants alongside the Summons

and Complaint.

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9. Plaintiff is also seeking a temporary injunction against Defendants Mendez and Garcia

through a separately filed Motion for an Emergency Temporary Injunction. Plaintiff requests

that both Motions be decided at the same hearing and anticipates fifteen (15) minutes is

needed on both Motions.

WHEREFORE the Plaintiff respectfully requests that this Court promptly set an

immediate emergency hearing and issue an Order granting the relief enumerated herein.

DATED: September 27, 2017

Respectfully Submitted,

/s/ Christopher A. Fleites


Christopher Andrew Fleites
FLBN 118197
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2103 Coral Way, STE 202
Miami, FL 33145
chris@plainviewlawfirm.com
t.305.632.4002
f.786.204.0802

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