Case details

Court: flsd
Docket #: 1:07-cv-22370
Case Name: Flava Works, Inc. et al v. City of Miami, Florida et al
PACER case #: 302500
Date filed: 2007-09-10
Date terminated: 2011-07-29
Date of last filing: 2011-07-29
Assigned to: Judge Marcia G. Cooke
Referred to: Magistrate Judge William C. Turnoff
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Flava Works, Inc.
Plaintiff
a Florida corporation doing business asCocodorm.com
Daniel Robert Aaronson
Benjamin & Aaronson 1 Financial Plaza Suite 1615 Fort Lauderdale, FL 33394-2843 954-779-1700 Fax: 779-1771 Email: danaaron@bellsouth.net
TERMINATED: 10/01/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Scott Benjamin
Benjamin & Aaronson 1 Financial Plaza Suite 1615 Fort Lauderdale, FL 33394-2843 954-779-1700 Fax: 779-1771 Email: sexlaw@bellsouth.net
TERMINATED: 10/01/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan J. Warrick
Law Office of Jonathan J. Warrick, P.A. 1641 SW 4th Avenue Fort Lauderdale, FL 33315 305-206-0022 Fax: 954-990-7295 Email: jon@warricklaw.com
ATTORNEY TO BE NOTICED

Mirta Desir
2610 North Miami Avenue Miami, FL 33127 305-438-9450 ext. 302 Fax: 305-438-9470 Email: mdesir@gmail.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Stacy-Ann Floreth Frater
1999 SW 27th Avenue 1st Floor Miami, FL 33145 Email: frater.stacyann@gmail.com
ATTORNEY TO BE NOTICED

Angel Barrios
Plaintiff
Daniel Robert Aaronson
(See above for address)
TERMINATED: 10/01/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Scott Benjamin
(See above for address)
TERMINATED: 10/01/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan J. Warrick
(See above for address)
ATTORNEY TO BE NOTICED

Mirta Desir
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Stacy-Ann Floreth Frater
(See above for address)
ATTORNEY TO BE NOTICED

City of Miami, Florida
Defendant
a Florida municipal corporation
John Anthony Greco
City of Miami Office of the City Attorney 444 S.W. 2nd Avenue, Suite 945 9th Floor Miami, FL 33130-1910 305-416-1850 Fax: 305-416-1801 Email: jagreco@miamigov.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Warren Bittner
Miami City Attorney's Office 444 SW 2nd Avenue Suite 945 Miami, FL 33130-1910 305-416-1800 Fax: 416-1801 Email: wrbittner@miamigov.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Victoria Mendez
Office of the City Attorney 444 SW 2nd Avenue, Suite 945 Miami, FL 33136-2111 305-416-1800 Fax: 547-0509 Email: vmendez@miamigov.com
ATTORNEY TO BE NOTICED

City of Miami, Code Enforcement Board
Defendant
Warren Bittner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Anthony Greco
(See above for address)
ATTORNEY TO BE NOTICED

Victoria Mendez
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-09-10 1 0 Complaint COMPLAINT for declaratory and injunctive relief and supplemental claim for petition for writ of certiorari against all defendants Filing fee $ 350. Receipt#: 540937, filed by Flava Works, Inc., Angel Barrios. (Attachments: # 1 Appendix part 2# 2 Affidavit part 2a# 3 Appendix part 2b# 4 Appendix part 2c# 5 Affidavit part 2d# 6 Appendix part 3# 7 Appendix part 4# 8 Appendix part 5# 9 Appendix part 6# 10 Appendix part 7# 11 Appendix part 8# 12 Appendix part 9# 13 Appendix part 10# 14 Appendix part 10)(dj) (Entered: 09/11/2007)
1 1 Appendix part 2 2011-05-26 11:41:23 7e84330012cbd15adb3a740be762566ccf102296
1 2 Affidavit part 2a
1 3 Appendix part 2b
1 4 Appendix part 2c
1 5 Affidavit part 2d 2011-08-10 15:43:09 0ba4dddcb25bd9f6b506bc873e7d50c4d0b9a524
1 6 Appendix part 3
1 7 Appendix part 4
1 8 Appendix part 5
1 9 Appendix part 6
1 10 Appendix part 7
1 11 Appendix part 8
1 12 Appendix part 9
1 13 Appendix part 10
1 14 Appendix part 10
2007-09-11 2 0 Clerks Notice Reassigning Case CLERKS ORDER CORRECTING CASE NUMBER (dj) (Entered: 09/11/2007)
2007-10-31 3 0 Order Requiring Joint Scheduling Report Order Requiring Joint Scheduling Report,Signed by Judge Marcia G. Cooke on 10/31/07.(tm) (Entered: 10/31/2007)
2007-10-31 4 0 Order Referring Case to Magistrate Judge ORDER REFERRING CASE to Magistrate Judge Stephen T. Brown for non-dispositive pretrial matters.Signed by Judge Marcia G. Cooke on 10/31/07.(tm) (Entered: 10/31/2007)
2007-11-01 5 0 Order ORDER on Discovery.Signed by Magistrate Judge Stephen T. Brown on 11-01-07.(dt) (Entered: 11/01/2007)
2007-12-03 6 0 Motion to Dismiss Defendant's MOTION to Dismiss 1 Complaint,, by City of Miami, Code Enforcement Board, City of Miami, Florida. Responses due by 12/17/2007 (Attachments: # 1 Exhibit "A")(Bittner, Warren) (Entered: 12/03/2007)
2007-12-05 7 0 Notice (Other) NOTICE by City of Miami, Code Enforcement Board, City of Miami, Florida re 6 Defendant's MOTION to Dismiss 1 Complaint,, OF FILING AND REQUEST FOR JUDICIAL NOTICE (Attachments: # 1 Exhibit "A")(Bittner, Warren) (Entered: 12/05/2007)
2008-01-17 8 0 SCHEDULING REPORT - Rule 26(f)/16.1 SCHEDULING REPORT- Rule 26(f). (Bittner, Warren) (Entered: 01/17/2008)
2008-01-17 9 0 Stipulation STIPULATION NOT TO ELECT JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE FOR FINAL DISPOSITION OF MOTIONS by City of Miami, Code Enforcement Board, Flava Works, Inc., Angel Barrios, City of Miami, Florida. (Bittner, Warren) (Entered: 01/17/2008)
2008-01-24 10 0 Response to Motion RESPONSE to Motion re 6 Defendant's MOTION to Dismiss 1 Complaint,, filed by Flava Works, Inc.. Replies due by 1/31/2008. (Attachments: # 1 Exhibit motion to abate)(Benjamin, James) (Entered: 01/24/2008)
2008-02-04 11 0 Motion for Extension of Time Unopposed MOTION for Extension of Time to File Reply re: Motion to Dismiss by City of Miami, Code Enforcement Board, City of Miami, Florida. (Attachments: # 1 Text of Proposed Order)(Mendez, Victoria) (Entered: 02/04/2008)
11 1 2011-07-22 13:33:53 4f77a3243a0df2141a54bd6698d2d1bbd7686e7b
2008-02-14 12 0 Reply to Response to Motion REPLY to Response to Motion re 6 Defendant's MOTION to Dismiss 1 Complaint,, filed by City of Miami, Code Enforcement Board, City of Miami, Florida. (Bittner, Warren) (Entered: 02/14/2008)
2008-02-27 13 0 Order on Motion for Extension of Time ENDORSED ORDER granting nunc pro tunc 11 Motion for Extension of Time to File Signed by Judge Marcia G. Cooke on 2/27/2008. (eld) (Entered: 02/27/2008)
2008-02-28 14 0 Scheduling Order SCHEDULING ORDER:, ORDER REFERRING CASE to Mediation. 15 days to appoint mediator. Jury Trial set for 12/8/2008 09:30 AM in Miami Division before Judge Marcia G. Cooke. Calendar Call set for 12/3/2008 03:00 PM in Miami Division before Judge Marcia G. Cooke. Amended Pleadings due by 2/22/2008. Expert Discovery due by 7/15/2008.Fact Discovery due by 7/14/2008. Joinder of Parties due by 2/22/2008. Motions due by 8/15/2008. Pretrial Stipulation due by 11/21/2008.Signed by Judge Marcia G. Cooke on 02/28/08.(im) (Entered: 02/28/2008)
2008-06-02 15 0 Order on Motion to Dismiss ORDER granting in part and denying in part 6 Motion to Dismiss. Signed by Judge Marcia G. Cooke on 5/30/08. (tm) (Entered: 06/02/2008) 2011-05-27 12:58:09 ea5c92dea9688ba420b98aacede602d63a6672fb
2008-06-09 16 0 Answer to Complaint ANSWER to Complaint by City of Miami, Code Enforcement Board, City of Miami, Florida.(Bittner, Warren) (Entered: 06/09/2008)
2008-06-16 17 0 Answer to Complaint AMENDED ANSWER to Complaint by City of Miami, Code Enforcement Board, City of Miami, Florida.(Bittner, Warren) (Entered: 06/16/2008)
2008-08-14 18 0 Motion for Partial Summary Judgment Plaintiff's MOTION for Partial Summary Judgment by Angel Barrios. (Attachments: # 1 Affidavit)(Benjamin, James) (Entered: 08/14/2008) 2011-05-12 15:45:12 cd28a2d67df54f3d10f2234687098ba3ddef55bd
18 1 Affidavit
2008-08-14 19 0 Memorandum in Support MEMORANDUM in Support re 18 Plaintiff's MOTION for Partial Summary Judgment filed by Angel Barrios. (Benjamin, James) (Entered: 08/14/2008) 2011-05-20 10:25:32 7b231150e498fb551a35c26cddaeb9f2cd041ddf
2008-08-14 20 0 Statement Statement of: Material Facts in Support of Motion for Partial Summary Judgment by Angel Barrios re 18 Plaintiff's MOTION for Partial Summary Judgment. (Benjamin, James) (Entered: 08/14/2008) 2011-05-20 10:34:08 7ce7ce8be66949784f752bf112824628c1f408fe
2008-08-16 21 0 Motion for Summary Judgment Defendant's MOTION for Summary Judgment by City of Miami, Code Enforcement Board, City of Miami, Florida. Responses due by 9/2/2008 (Bittner, Warren) (Entered: 08/16/2008) 2011-05-12 15:49:34 7430f0fbc0b30115d8121853290ba763f2aea8ba
2008-08-16 22 0 Statement Statement of: OF MATERIAL FACTS IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by City of Miami, Code Enforcement Board, City of Miami, Florida re 21 Defendant's MOTION for Summary Judgment. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C")(Bittner, Warren) (Entered: 08/16/2008)
2008-09-02 23 0 Motion for Extension of Time to File Response/Reply Unopposed MOTION for Extension of Time to File Response as to 20 Statement, 18 Plaintiff's MOTION for Partial Summary Judgment, 19 Memorandum in Support by City of Miami, Code Enforcement Board, City of Miami, Florida. (Attachments: # 1 Text of Proposed Order Granting Motion)(Bittner, Warren) (Entered: 09/02/2008)
2008-09-11 24 0 Order on Motion for Extension of Time to File Response/Reply ENDORSED ORDER granting 23 Unopposed MOTION for Extension of Time to File Response as to 20 Statement, 18 Plaintiff's MOTION for Partial Summary Judgment, 19 Memorandum in Support. CITY OF MIAMI, and the CITY OF MIAMI CODE ENFORCEMENT BOARD, shall file their Response on or before September 16, 2008. Signed by Judge Marcia G. Cooke on 9/11/2008. (ed) (Entered: 09/11/2008)
2008-09-16 25 0 Order to Show Cause ORDER TO SHOW CAUSE Show Cause Response due by 9/26/2008.. Signed by Judge Marcia G. Cooke on 9/16/08. (tm) (Entered: 09/16/2008)
2008-09-16 26 0 Motion for Extension of Time to File Response/Reply Unopposed MOTION for Extension of Time to File Response as to 20 Statement, 18 Plaintiff's MOTION for Partial Summary Judgment, 19 Memorandum in Support by City of Miami, Code Enforcement Board, City of Miami, Florida. (Attachments: # 1 Text of Proposed Order Granting Motion)(Bittner, Warren) (Entered: 09/16/2008)
2008-09-17 27 0 Response/Reply (Other) RESPONSE/REPLY to Order to Show Cause and Motion to Accept Motion to Extend the Time for Filing Response Out of Time filed by Flava Works, Inc.. (Benjamin, James) (Entered: 09/17/2008)
2008-09-17 28 0 Motion for Miscellaneous Relief MOTION Proposed Order on Plaintiff's Response to Order to Show Cause and Motion to Accept Motion to Extend the Time for Filing Response Out of Time re 27 Response/Reply (Other) by Flava Works, Inc.. (Benjamin, James) (Entered: 09/17/2008)
2008-09-18 29 0 Order on Motion for Extension of Time to File Response/Reply ENDROSED ORDER granting 26 Motion for Extension of Time to Respond re 20 Statement, 18 Plaintiff's MOTION for Partial Summary Judgment, 19 Memorandum in Support. Plaintiff shall file a Response to Defendants Motion for Summary Judgment on or before September 26, 2008. Signed by Judge Marcia G. Cooke on 9/18/2008. (ed) (Entered: 09/18/2008)
2008-09-23 30 0 Response to Motion RESPONSE to Motion re 21 Defendant's MOTION for Summary Judgment filed by Flava Works, Inc.. Replies due by 10/3/2008. (Benjamin, James) (Entered: 09/23/2008) 2011-05-12 15:52:53 c39f2b53d65e2bda5bce421a3850c2c08e2bf7bd
2008-09-26 31 0 Response in Opposition to Motion RESPONSE in Opposition re 18 Plaintiff's MOTION for Partial Summary Judgment filed by City of Miami, Code Enforcement Board, City of Miami, Florida. (Attachments: # 1 Exhibit "A", # 2 Appendix INDEX, # 3 Appendix A-1, # 4 Appendix A-2, # 5 Appendix A-3, # 6 Appendix A-4, # 7 Appendix A-5, # 8 Appendix A-6, # 9 Appendix A-7, # 10 Appendix B-1, # 11 Appendix B-2, # 12 Appendix B-2-A, # 13 Appendix B-3, # 14 Appendix B-4, # 15 Appendix B-5, # 16 Appendix B-6, # 17 Appendix B-7, # 18 Appendix B-8, # 19 Appendix B-9, # 20 Appendix C-1, # 21 Appendix C-2, # 22 Appendix C-3, # 23 Appendix C-4, # 24 Appendix C-5, # 25 Appendix C-6, # 26 Appendix C-7, # 27 Appendix C-8, # 28 Appendix C-9, # 29 Appendix C-10, # 30 Appendix C-11, # 31 Appendix C-12, # 32 Appendix C-13)(Bittner, Warren) (Entered: 09/26/2008) 2011-05-12 15:19:47 50122ecfc4a2908c2959ddd4022a2b1ab88dce65
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2008-09-27 32 0 Statement Statement of: MATERIAL FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT by City of Miami, Code Enforcement Board, City of Miami, Florida re 20 Statement, 18 Plaintiff's MOTION for Partial Summary Judgment, 19 Memorandum in Support. (Attachments: # 1 Affidavit DE MOLA)(Bittner, Warren) (Entered: 09/27/2008)
32 1
2008-09-27 33 0 Motion for Leave to File Defendant's MOTION for Leave to File DVD by City of Miami, Code Enforcement Board, City of Miami, Florida. (Attachments: # 1 Text of Proposed Order Granting Motion)(Bittner, Warren) (Entered: 09/27/2008)
2008-10-03 34 0 Reply to Response to Motion REPLY to Response to Motion re 21 Defendant's MOTION for Summary Judgment filed by City of Miami, Code Enforcement Board, City of Miami, Florida. (Attachments: # 1 Exhibit "C")(Bittner, Warren) (Entered: 10/03/2008)
2008-10-21 35 0 Order on Motion for Leave to File ORDER granting 33 Motion for Leave to File. Signed by Ch. Magistrate Judge Ted E. Bandstra on 10/21/2008. (rg) Modified signatory on 10/24/2008 (wc). (Entered: 10/21/2008)
2008-10-21 36 0 Notice (Other) NOTICE OF MANUALLY FILING DVD by City of Miami, Code Enforcement Board, City of Miami, Florida (Bittner, Warren) text Modified on 10/22/2008 (ail). (Entered: 10/21/2008)
2008-10-21 37 0 Notice of Conventional Filing NOTICE OF MANUALLY FILING DVD (Attachment not scanned/available in the supplemental paper file) by City of Miami, Code Enforcement Board, City of Miami, Florida (tas) (Entered: 10/22/2008)
2008-10-23 38 0 Motion to Strike Plaintiff's MOTION to Strike 32 Statement, Affidavit of Mariano Loret De Mola and Incorporated Memorandum of Law by Flava Works, Inc.. Responses due by 11/10/2008 (Benjamin, James) (Entered: 10/23/2008)
2008-10-23 39 0 Motion to Strike Plaintiff's MOTION to Strike 31 Response in Opposition to Motion,,, and Incorporated Memorandum of Law by Flava Works, Inc.. Responses due by 11/10/2008 (Attachments: # 1 Exhibit)(Benjamin, James) (Entered: 10/23/2008)
2008-11-10 40 0 Motion for Extension of Time to File Response/Reply Unopposed MOTION for Extension of Time to File Response to Plaintiffs' Motion to Strike Document 31-2 (City of Miami Zoning Ordinance 13027) and Plaintiffs' Motion to Strike Affidavit of Mariano Loret de Mola by City of Miami, Code Enforcement Board. (Attachments: # 1 Text of Proposed Order Proposed Order)(Greco, John) (Entered: 11/10/2008)
2008-11-21 41 0 Motion for Extension of Time Unopposed MOTION for Extension of Time to File JOINT PRETRIAL STIPULATION and JOINT SUMMARY OF RESPECTIVE MOTIONS IN LIMINE by City of Miami, Code Enforcement Board, City of Miami, Florida. (Attachments: # 1 Text of Proposed Order Granting Motion)(Bittner, Warren) (Entered: 11/21/2008)
2008-11-24 42 0 Motion for Extension of Time to File Response/Reply Unopposed MOTION for Extension of Time to File Response as to 38 Plaintiff's MOTION to Strike 32 Statement, Affidavit of Mariano Loret De Mola and Incorporated Memorandum of Law, 39 Plaintiff's MOTION to Strike 31 Response in Opposition to Motion,,, and Incorporated Memorandum of Law by City of Miami, Code Enforcement Board, City of Miami, Florida. (Attachments: # 1 Text of Proposed Order)(Greco, John) (Entered: 11/24/2008)
2008-11-24 43 0 Motion for Extension of Time Unopposed MOTION for Extension of Time to File Joint Proposed Finding of Fact and Conclusions of Law by City of Miami, Code Enforcement Board, City of Miami, Florida. (Attachments: # 1 Text of Proposed Order Granting Motion)(Bittner, Warren) (Entered: 11/24/2008)
2008-11-25 44 0 Order on Motion for Extension of Time to File Response/Reply ORDER granting 40 Motion for Extension of Time to Respond re 39 Plaintiff's MOTION to Strike 31 Response in Opposition to Motion,,, and Incorporated Memorandum of Law, 38 Plaintiff's MOTION to Strike 32 Statement, Affidavit of Mariano Loret De Mola and Incorporated Memorandum of Law Responses due by 11/24/2008. Signed by Judge Marcia G. Cooke on 11/21/2008. (tm) (Entered: 11/25/2008)
2008-11-25 45 0 Response in Opposition to Motion RESPONSE in Opposition re 38 Plaintiff's MOTION to Strike 32 Statement, Affidavit of Mariano Loret De Mola and Incorporated Memorandum of Law filed by City of Miami, Code Enforcement Board, City of Miami, Florida. (Bittner, Warren) (Entered: 11/25/2008)
2008-11-25 46 0 Response in Opposition to Motion RESPONSE in Opposition re 39 Plaintiff's MOTION to Strike 31 Response in Opposition to Motion,,, and Incorporated Memorandum of Law re City of Miami Ordinance 13027 filed by City of Miami, Code Enforcement Board, City of Miami, Florida. (Bittner, Warren) (Entered: 11/25/2008)
2008-12-01 47 0 Order ORDER RESETTING CALENDAR CALL AND TRIAL DATE, ( Calendar Call reset for 12/17/2008 03:00 PM in Miami Division before Judge Marcia G. Cooke., Jury Trial reset for 12/22/2008 09:30 AM in Miami Division before Judge Marcia G. Cooke.). Signed by Judge Marcia G. Cooke on 12/1/2008. (im) (Entered: 12/01/2008)
2008-12-04 48 0 Response in Support of Motion RESPONSE in Support re 38 Plaintiff's MOTION to Strike 32 Statement, Affidavit of Mariano Loret De Mola and Incorporated Memorandum of Law filed by Flava Works, Inc.. (Benjamin, James) (Entered: 12/04/2008)
2008-12-04 49 0 Response in Support of Motion RESPONSE in Support re 39 Plaintiff's MOTION to Strike 31 Response in Opposition to Motion,,, and Incorporated Memorandum of Law filed by Flava Works, Inc.. (Benjamin, James) (Entered: 12/04/2008)
2008-12-05 50 0 Motion for Extension of Time Unopposed MOTION for Extension of Time to File Parties' Respective Trial Witness Lists by City of Miami, Code Enforcement Board, City of Miami, Florida. (Attachments: # 1 Text of Proposed Order Granting Motion)(Bittner, Warren) (Entered: 12/05/2008)
2008-12-12 51 0 Notice (Other) NOTICE by City of Miami, Code Enforcement Board, City of Miami, Florida re 1 Complaint,, OF FILING MIAMI ORDINANCE 13048; SUGGESTION OF MOOTNESS (Attachments: # 1 Exhibit "1", # 2 Exhibit COMPOSITE EXHIBITS - TABLE OF CONTENTS, # 3 Exhibit COMPOSITE EXHIBIT A-1, # 4 Exhibit COMPOSITE A-2, # 5 Exhibit COMPOSITE A-3, # 6 Exhibit COMPOSITE A-4, # 7 Exhibit COMPOSITE A-5, # 8 Exhibit COMPOSITE A-6, # 9 Exhibit COMPOSITE A-7, # 10 Exhibit COMPOSITE B-1, # 11 Exhibit COMPOSITE B-2, # 12 Exhibit COMPOSITE B-3, # 13 Exhibit COMPOSITE B-4, # 14 Exhibit COMPOSITE B-5, # 15 Exhibit COMPOSITE B-6, # 16 Exhibit COMPOSITE B-7, # 17 Exhibit COMPOSITE B-8, # 18 Exhibit COMPOSITE B-9, # 19 Exhibit COMPOSITE C-1, # 20 Exhibit COMPOSITE C-2, # 21 Exhibit COMPOSITE C-3, # 22 Exhibit COMPOSITE C-4, # 23 Exhibit EXHIBIT C-5, # 24 Exhibit COMPOSITE C-6, # 25 Exhibit COMPOSITE C-7, # 26 Exhibit COMPOSITE C-8, # 27 Exhibit COMPOSITE C-9, # 28 Exhibit COMPOSITE C-10, # 29 Exhibit COMPOSITE C-11, # 30 Exhibit C-12)(Bittner, Warren) (Entered: 12/12/2008) 2011-05-26 13:19:55 cb1f680618cbd665b4fdc9febac0d712a7ceab95
51 1 Exhibit "1" 2011-05-26 13:25:01 34693b47128b9ba4f20a6e435e3ccaba77f80111
51 2 Exhibit COMPOSITE EXHIBITS - TABLE OF CONTENTS
51 3 Exhibit COMPOSITE EXHIBIT A-1
51 4 Exhibit COMPOSITE A-2
51 5 Exhibit COMPOSITE A-3
51 6 Exhibit COMPOSITE A-4
51 7 Exhibit COMPOSITE A-5
51 8 Exhibit COMPOSITE A-6
51 9 Exhibit COMPOSITE A-7
51 10 Exhibit COMPOSITE B-1
51 11 Exhibit COMPOSITE B-2
51 12 Exhibit COMPOSITE B-3
51 13 Exhibit COMPOSITE B-4
51 14 Exhibit COMPOSITE B-5
51 15 Exhibit COMPOSITE B-6
51 16 Exhibit COMPOSITE B-7
51 17 Exhibit COMPOSITE B-8
51 18 Exhibit COMPOSITE B-9
51 19 Exhibit COMPOSITE C-1
51 20 Exhibit COMPOSITE C-2
51 21 Exhibit COMPOSITE C-3
51 22 Exhibit COMPOSITE C-4
51 23 Exhibit EXHIBIT C-5
51 24 Exhibit COMPOSITE C-6
51 25 Exhibit COMPOSITE C-7
51 26 Exhibit COMPOSITE C-8
51 27 Exhibit COMPOSITE C-9
51 28 Exhibit COMPOSITE C-10
51 29 Exhibit COMPOSITE C-11
51 30 Exhibit C-12
2008-12-17 52 0 Calendar Call Minute Entry for proceedings held before Judge Marcia G. Cooke: Calendar Call held on 12/17/2008, Case continued;( Calendar Call set for 1/28/2009 03:00 PM in Miami Division before Judge Marcia G. Cooke., Jury Trial set for 2/2/2009 09:30 AM in Miami Division before Judge Marcia G. Cooke.). Court Reporter: Robin Dispenzieri, Phone: 305-523-5158 (im) (Entered: 12/18/2008)
2009-01-06 53 0 Motion for Extension of Time to File Response/Reply Unopposed MOTION for Extension of Time to File Response as to 51 Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other) City of Miami's Suggestion of Mootness by Flava Works, Inc.. (Benjamin, James) (Entered: 01/06/2009)
2009-01-07 54 0 Order on Motion for Extension of Time to File Response/Reply ENDORSED ORDER granting in part and denying in part 53 Motion for Extension of Time to Respond. Plaintiff shall file its response on or before January 16, 2009. Signed by Judge Marcia G. Cooke on 1/7/2009. (ed) (Entered: 01/07/2009)
2009-01-12 55 0 Response/Reply (Other) RESPONSE to 51 Defendants' Suggestion of Mootness filed by Flava Works, Inc.. (Benjamin, James) text Modified on 1/13/2009 (ail). (Entered: 01/12/2009) 2011-05-27 12:46:08 1dc53bfa24ca07eabf56f47b2d0b88e22d3d0130
2009-01-12 56 0 Response/Reply (Other) REPLY to 55 Response to 51 SUGGESTION OF MOOTNESS filed by City of Miami, Code Enforcement Board, City of Miami, Florida. (Bittner, Warren) text Modified on 1/13/2009 (ail). (Entered: 01/12/2009) 2011-05-27 15:59:29 06f2f7a19f7082e6a91a60ef56d6c246d81db00a
2009-01-27 57 0 Order on Motion for Partial Summary Judgment ORDER granting in part and denying in part 18 Motion for Partial Summary Judgment; denying in part and denying as moot in part 21 Motion for Summary Judgment. Signed by Judge Marcia G. Cooke on 1/27/09. (tm) (Entered: 01/27/2009) 2011-05-26 13:37:07 a8af79ec4038154d8ca9cbe484b00156a555c9ee
2009-02-06 58 0 Judgment FINAL JUDGMENT IN FAVOR OF PLAINTIFFS. Judgment entered in favor of Plaintiffs in accordance with 57 . 8/23/07 Final Administrative Enforcement Order is quashed and voided. Signed by Judge Marcia G. Cooke on 2/5/09. (tm) (Entered: 02/06/2009)
2009-02-06 59 0 Motion for Reconsideration Defendant's MOTION for Reconsideration re 57 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment by City of Miami, Code Enforcement Board, City of Miami, Florida. (Bittner, Warren) (Entered: 02/06/2009)
2009-02-11 60 0 Response to Motion RESPONSE to Motion re 59 Defendant's MOTION for Reconsideration re 57 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment filed by Flava Works, Inc.. Replies due by 2/23/2009. (Benjamin, James) (Entered: 02/11/2009)
2009-02-19 61 0 Reply to Response to Motion REPLY to Response to Motion re 59 Defendant's MOTION for Reconsideration re 57 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment filed by City of Miami, Code Enforcement Board, City of Miami, Florida. (Bittner, Warren) (Entered: 02/19/2009)
2009-02-26 62 0 Notice of Appeal NOTICE OF APPEAL of 58 Judgment by City of Miami, Code Enforcement Board, City of Miami, Florida. Within ten days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Bittner, Warren) (Entered: 02/26/2009)
2009-02-27 63 0 USCA Appeal Fees USCA Appeal Fees received $ 455.00 receipt number 995910 re 62 Notice of Appeal, filed by City of Miami, Code Enforcement Board, City of Miami, Florida (amb) (Entered: 02/27/2009)
2009-03-09 64 0 Transcript Information Form TRANSCRIPT INFORMATION FORM by City of Miami, Code Enforcement Board re 62 Notice of Appeal,. No Transcript Requested. (Greco, John) (Entered: 03/09/2009)
2009-03-19 65 0 Acknowledgment of Receipt from USCA ACKNOWLEDGMENT OF RECEIPT FROM USCA re 62 Notice of Appeal, receipt of: NOA date received by USCA 3/13/2009 USCA number 09-11264-JJ (mc) (Entered: 03/19/2009)
2009-03-23 66 0 Order on Motion for Reconsideration ORDER denying 59 Motion for Reconsideration. Signed by Judge Marcia G. Cooke on 3/23/09. (tm) (Entered: 03/23/2009)
2009-10-02 67 0 Certificate of Readiness CERTIFICATE of Readiness transmitted to USCA (Atlanta Office) re 62 Notice of Appeal, filed by City of Miami, Code Enforcement Board, City of Miami, Florida. USCA #09-11264-JJ (amb) (Entered: 10/05/2009)
2009-10-02 68 0 Appeal Record Sent to USCA Certified and Transmitted Record on Appeal to US Court of Appeals (Atlanta Office) Consisting of (1) Volume of Pleadings and (2) Accordion folders containing DE's 1,31,37 & 51 as to 62 Notice of Appeal. USCA #09-11264-JJ (amb) (Entered: 10/05/2009)
2009-10-14 69 0 Acknowledgment of Receipt from USCA ACKNOWLEDGMENT OF RECEIPT FROM USCA re 62 Notice of Appeal, receipt of: COR/ROA date received by USCA 10/08/2009 USCA number 09-11264-JJ (amb) (Entered: 10/14/2009)
2010-06-29 70 0 Order Setting Status Conference ORDER Setting Status Conference: Status Conference set for 7/14/2010 03:00 PM in Miami Division before Judge Marcia G. Cooke.. Signed by Judge Marcia G. Cooke on 6/29/10. (tm) (Entered: 06/29/2010)
2010-07-14 71 0 Status Conference Minute Entry for proceedings held before Judge Marcia G. Cooke: Status Conference held on 7/14/2010. Attorney James Benjamin, Esq. appeared for the plaintiff; Attorneys John Greco, Esq. and Victoria Mendez, Esq. appeared for the defense. Court Reporter: Robin Dispenzieri, 305-523-5158 / Robin_Dispenzieri@flsd.uscourts.gov (im) (Entered: 07/15/2010)
2010-07-29 72 0 USCA Mandate MANDATE of USCA (certified copy) REVERSE AND RENDER PARTIAL JUDGMENT in favor of the City of Miami on the state law claim that Flava Works was operating a business at the residence, and REMAND for further proceedings on the constitutional claims re 62 Notice of Appeal, filed by City of Miami, Code Enforcement Board, City of Miami, Florida ; Date Issued: 07/26/2010 ; USCA Case Number: 09-11264-JJ (amb) (Entered: 07/29/2010)
2010-08-20 73 0 Motion for Miscellaneous Relief MOTION to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing by Flava Works, Inc.. (Benjamin, James) (Entered: 08/20/2010)
2010-08-20 74 0 Motion to Withdraw as Attorney MOTION to Withdraw as Attorney of Record by James S. Benjamin. by Flava Works, Inc.. Responses due by 9/7/2010 (Benjamin, James) (Entered: 08/20/2010)
2010-08-20 75 0 Clerks Notice of Docket Correction and Instruction to Filer - Attorney Clerks Notice to Filer re 73 MOTION to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing. Motion for Limited Appearance Requires a Fee; CORRECTIVE ACTION REQUIRED - The Filer must file a Notice of Striking, then file the original Motion to Make a Limited Appearance along with the applicable filing fee in the conventional paper format as required in the CM/ECF Administrative Procedures. (tb) (Entered: 08/23/2010)
2010-08-23 76 0 Notice of Striking NOTICE of Striking re 73 MOTION to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing by Flava Works, Inc. (Benjamin, James) Modified on 8/25/2010 (ls). [Added relationship to DE #73] (Entered: 08/23/2010)
2010-08-23 77 0 Motion to Tax Costs Defendant's VERIFIED MOTION to Tax Costs by City of Miami, Code Enforcement Board. Responses due by 9/9/2010 (Greco, John) Modified text on 8/25/2010 (tb). (Entered: 08/23/2010)
2010-08-23 78 0 Response to Motion RESPONSE to Motion re 74 MOTION to Withdraw as Attorney of Record by James S. Benjamin. filed by City of Miami, Code Enforcement Board, City of Miami, Florida. Replies due by 9/2/2010. (Bittner, Warren) (Entered: 08/23/2010)
2010-08-25 79 0 Clerks Notice of Docket Correction and Instruction to Filer - Attorney Clerks Notice to Filer re 76 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 08/25/2010)
2010-09-27 80 0 Motion for Miscellaneous Relief MOTION Plaintiff's Motion and Stipulation for Substitution of Counsel by Flava Works, Inc.. (Warrick, Jonathan) (Entered: 09/27/2010)
2010-09-27 81 0 Motion for Miscellaneous Relief MOTION Motion to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing by Flava Works, Inc.. (Warrick, Jonathan) (Entered: 09/27/2010)
2010-09-28 82 0 Notice of Striking NOTICE of Striking 81 MOTION Motion to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing filed by Flava Works, Inc. by Flava Works, Inc. (Warrick, Jonathan) (Entered: 09/28/2010)
2010-09-28 83 0 Motion to Appear Pro Hac Vice MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mirta Desir. Filing Fee $ 75.00. Receipt # 7296. (ksa) (Entered: 09/29/2010) 2010-09-29 13:53:45 417be2a9e20f519e068fb3ccf1f77ba3fde5275a
2010-09-30 84 0 Order on Motion to Appear Pro Hac Vice ORDER granting 83 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Magistrate Judge Ted E. Bandstra on 9/30/2010. (tb) (Entered: 10/01/2010)
2010-09-30 85 0 Order on Motion for Miscellaneous Relief ORDER granting 80 Motion for substitution of counsel. Signed by Magistrate Judge Ted E. Bandstra on 9/30/2010. (tb) (Entered: 10/01/2010) 2010-10-04 12:31:20 083a93ceede7c18f45be34def238253b9409d07b
2010-10-01 86 0 Order Reopening Case ORDER REOPENING CASE AND RE-REFERRING CASE TO MAGISTRATE JUDGE. Signed by Judge Marcia G. Cooke on 9/30/2010. (tm) (Entered: 10/01/2010) 2010-10-04 12:35:34 1796d8e699a17e31d86e1059162d8f5f677282c5
2010-10-01 87 0 Case Referred to Magistrate Judge CASE REFERRED to Magistrate Judge Ted E. Bandstra FOR NON-DISPOSITIVE PRETRIAL MATTERS as well as motions for attorney's fees and costs and motions for sanctions. (tm) (Entered: 10/01/2010)
2010-10-01 88 0 Order Requiring Joint Scheduling Report Order Requiring Joint Scheduling Report -Joint Scheduling Report due by 11/15/2010. Signed by Judge Marcia G. Cooke on 9/30/2010. (tm) (Entered: 10/01/2010) 2010-10-04 12:36:40 bb5ef6efc731b9f9661a30a5ae2df9dcd2fdf698
2010-11-15 89 0 SCHEDULING REPORT - Rule 26(f)/16.1 SCHEDULING REPORT - Rule 16.1 by Angel Barrios, City of Miami, Code Enforcement Board, City of Miami, Florida, Flava Works, Inc. (Attachments: # 1 Exhibit "Attachment A", # 2 Appendix Election to Jurisdiction by Magistrate Form, # 3 Text of Proposed Order Adopting Joint Scheduling Report)(Bittner, Warren) (Entered: 11/15/2010)
2010-11-29 90 0 Motion to Stay MOTION to Stay /Abate Case Pending Appellees Motion to Recall Mandate of the United States Court of Appeals, 11th Circuits Decision dated June 25, 2010 and Mandate dated July 26, 2010 by Flava Works, Inc.. Responses due by 12/16/2010 (Warrick, Jonathan) (Entered: 11/29/2010)
2010-11-30 91 0 Order on Motion to Stay ORDER granting 90 Motion to Stay. Signed by Judge Marcia G. Cooke on 11/30/2010. (tm) (Entered: 11/30/2010)
2011-04-18 92 0 Motion to Withdraw as Attorney MOTION to Withdraw as Attorney and Motion to Abate Case to Allow Plaintiff Sufficient Time to Retain Counsel by Jonathan J. Warrick. by Flava Works, Inc.. Responses due by 5/5/2011 (Warrick, Jonathan). Added MOTION to Abate on 4/19/2011 (tp). (Entered: 04/18/2011)
2011-04-19 93 0 Case Reassignment of Paired Magistrate Judge Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge William C. Turnoff. Magistrate Judge Ted E. Bandstra no longer assigned to case. Motions referred to William C. Turnoff. (vp) (Entered: 04/19/2011)
2011-04-20 94 0 Order Setting Hearing on Motion ORDER Setting Hearing on 92 MOTION to Withdraw as Attorney and Motion to Abate Case to Allow Plaintiff Sufficient Time to Retain Counsel by Jonathan J. Warrick. Motion Hearing set for 5/4/2011 at 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff. Signed by Magistrate Judge William C. Turnoff on 4/20/11. (lml) (Entered: 04/20/2011)
2011-05-04 95 0 Motion for Summary Judgment Renewed MOTION for Summary Judgment by City of Miami, Code Enforcement Board, City of Miami, Florida. Responses due by 5/23/2011 (Greco, John) (Entered: 05/04/2011) 2011-05-12 14:58:37 1f8c2968eca7f79403be1a6b4777847a6b6b0545
2011-05-04 96 0 Motion Hearing Minute Entry for proceedings held before Magistrate Judge William C. Turnoff: Motion Hearing held on 5/4/2011 re 92 MOTION to Withdraw as Attorney and Motion to Abate Case to Allow Plaintiff Sufficient Time to Retain Counsel by Jonathan J. Warrick. MOTION to Stay filed by Flava Works, Inc.. *Appearances: Jonathan J. Warrick, Esq. present on behalf of Plaintiff Flava Works, Inc. Jonathan A. Greco, Esq. and Warren Bittner, Esq. present on behalf of Defendants City of Miami, Florida et al. Plaintiff's Motion to Withdraw addressed. Oral arguments heard. Order to follow, denying without prejudice Plaintiff's 92 Motion to Withdraw, for reasons stated by the Court in open court. Counsel for Plaintiff to file Status Report in connection with this matter by close of business, Friday, 5/6/11. (Digital 14:30:14.)(Time: 2:30pm-2:43pm) (lw1) (Entered: 05/04/2011)
2011-05-04 97 0 Statement Statement of: of Material Facts Not in Dispute in Support of Renewed Motion for Summary Judgment by City of Miami, Code Enforcement Board, City of Miami, Florida re 95 Renewed MOTION for Summary Judgment (Attachments: # 1 Exhibit "A")(Bittner, Warren) (Entered: 05/04/2011)
2011-05-05 98 0 Motion to Reopen Case MOTION to Reopen Case /Lift Stay by City of Miami, Code Enforcement Board, City of Miami, Florida. (Greco, John) (Entered: 05/05/2011)
2011-05-05 99 0 Order on Motion to Withdraw as Attorney ORDER denying 92 Motion to Withdraw as Counsel for Plaintiffs. Signed by Magistrate Judge William C. Turnoff on 5/4/11. (lml) Modified signature date on 5/6/2011 (wc). (Entered: 05/05/2011)
2011-05-05 100 0 Notice (Other) NOTICE by City of Miami, Code Enforcement Board, City of Miami, Florida re 98 MOTION to Reopen Case /Lift Stay , of Filing Order of Eleventh Circuit (Attachments: # 1 Exhibit)(Greco, John) (Entered: 05/05/2011)
2011-05-06 101 0 Notice of Compliance NOTICE of Compliance with Court Order and of Filing Case Status Report by Flava Works, Inc. re 99 Order on Motion to Withdraw as Attorney, Order on Motion to Stay (Warrick, Jonathan) (Entered: 05/06/2011) 2011-05-11 12:48:12 95c847d695fd8a669f8753fb949d4fa50597cf30
2011-05-16 102 0 Order Referring Case to Magistrate Judge ORDER RE-OPENING CASE AND RE-REFERRING CASE to Magistrate Judge William C. Turnoff for Pretrial proceedings. Signed by Judge Marcia G. Cooke on 5/16/2011. (tm) (Entered: 05/16/2011)
2011-05-17 103 0 Order Requiring Joint Scheduling Report Order Requiring Joint Scheduling Report. Signed by Judge Marcia G. Cooke on 5/17/2011. (tm) (Entered: 05/17/2011)
2011-05-19 104 0 Motion for Extension of Time to File Response/Reply MOTION for Extension of Time to File Response/Reply as to 95 Renewed MOTION for Summary Judgment by Flava Works, Inc.. (Warrick, Jonathan) (Entered: 05/19/2011) 2011-07-21 10:54:39 d2fa28edc18d415f2e76426caad1483e541a7f9e
2011-05-19 105 0 Order on Motion for Extension of Time to File Response/Reply ENDORSED ORDER granting in part and denying in part 104 Motion for Extension of Time to File Response re 95 Renewed Motion for Summary Judgment. Plaintiffs' Response shall be filed on or before 5/31/2011. Defendants' Reply shall be filed on or before 6/7/2011. Signed by Judge Marcia G. Cooke on 5/19/2011. (scy) (Entered: 05/19/2011)
2011-05-31 106 0 Response in Opposition to Motion RESPONSE in Opposition re 95 Renewed MOTION for Summary Judgment filed by Flava Works, Inc.. (Warrick, Jonathan) (Entered: 05/31/2011) 2011-06-24 12:48:42 74b432cf4c18b1ac114fcb38d0d9ea18263669ce
2011-06-07 107 0 Reply to Response to Motion REPLY to Response to Motion re 95 Renewed MOTION for Summary Judgment filed by City of Miami, Code Enforcement Board, City of Miami, Florida. (Bittner, Warren) (Entered: 06/07/2011) 2011-06-08 08:30:54 33594aaa369e59716da960ca5ea83041e0a74702
2011-06-10 108 0 SCHEDULING REPORT - Rule 26(f)/16.1 SCHEDULING REPORT - Rule 16.1 by Angel Barrios, City of Miami, Code Enforcement Board, City of Miami, Florida, Flava Works, Inc. (Attachments: # 1 Text of Proposed Order Suggested Dates, # 2 Text of Proposed Order Magistrate Referral Form)(Bittner, Warren) (Entered: 06/10/2011)
2011-06-16 109 0 Notice of Attorney Appearance NOTICE of Attorney Appearance by Stacy-Ann Floreth Frater on behalf of Flava Works, Inc. (Frater, Stacy-Ann) (Entered: 06/16/2011)
2011-06-16 110 0 Notice of Attorney Appearance NOTICE of Attorney Appearance by Stacy-Ann Floreth Frater on behalf of Angel Barrios (Frater, Stacy-Ann) (Entered: 06/16/2011)
2011-07-01 111 0 Motion to Amend/Correct MOTION to Amend/Correct 1 Complaint,, by Angel Barrios, Flava Works, Inc.. Responses due by 7/18/2011 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Frater, Stacy-Ann) (Entered: 07/01/2011)
2011-07-18 112 0 Response in Opposition to Motion RESPONSE in Opposition re 111 MOTION to Amend/Correct 1 Complaint,, filed by City of Miami, Code Enforcement Board, City of Miami, Florida. (Bittner, Warren) (Entered: 07/18/2011) 2011-07-21 10:49:44 3f894e2a06e5c8962485fa098ee487edd636327a
2011-07-22 113 0 Motion for Extension of Time to File Response/Reply Unopposed MOTION for Extension of Time to File Response/Reply as to 112 Response in Opposition to Motion by Flava Works, Inc.. (Attachments: # 1 Text of Proposed Order)(Frater, Stacy-Ann) (Entered: 07/22/2011)
2011-07-22 114 0 Order on Motion for Extension of Time to File Response/Reply ORDER granting 113 Motion for Extension of Time to File Reply re 111 MOTION to Amend/Correct 1 Complaint. Replies due by 8/3/2011.Signed by Magistrate Judge William C. Turnoff on 7/22/11. (lml) (Entered: 07/22/2011)
2011-07-29 115 0 Order on Motion for Summary Judgment ORDER granting 95 Defendants' Renewed Motion for Summary Judgment. Signed by Judge Marcia G. Cooke on 7/29/2011. (scy) (Entered: 07/29/2011) 2011-07-29 19:54:41 3c4e7acdb364001e039a74d56a2cacc414ef78a4