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GRANT STERN,
CASE NO.:
Plaintiff,
v.
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
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.
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
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
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,
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,
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
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
WHEREFORE the Plaintiff respectfully requests that this Court promptly set an
immediate emergency hearing and issue an Order granting the relief enumerated herein.
Respectfully Submitted,
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