Case 0:06-cv-61575-MGC Document 1 Entered on FLSD Docket 10/24/2006 Page 1 of 10
06-61575
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Ft. Lauderdale Division

HERNANDO GONZALEZ, BERTHA GONZALEZ,

)

LUZ ELENA BETANCUR, and FERNAND

)

BERNARD,

)

)

Plaintiffs,

)

)

V.

)

)

)

SUNRISE LAKES CONDOMINIUM APARTMENTS, )

PHASE 3, INC. 4, a Florida corporation,

)

)

__________D_ef_e_nd_a_nt_. ____________________))

Case No.

en·
c
~ f ...

COMPLAINT FOR HOUSING DISCRIMINATION ON THE BASIS OF NATIONAL ORIGIN and JURY DEMAND
1. This action arises under the Fair Housing Act of 1968, as amended, 42. U.S.C. § 3601, et seq, and seeks a declaratory judgment, preliminary and permanent injunctive relief, monetary damages, and attorneys' fees for discrimination in the sale ofhousing on the basis ofnational origin. Defendant has engaged and is continuing to engage in a pattern and practice of conduct with the intent, purpose, and effect of discriminating against prospective condominium purchasers of Hispanic descent.

Case 0:06-cv-61575-MGC Document 1 Entered on FLSD Docket 10/24/2006 Page 2 of 10
Jurisdiction and Venue 2. Jurisdiction is invoked pursuant to 42 U.S.C. § 3613(a) in that plaintiff..~ elect to assert their claims ofhousing discrimination in a civil action and also pursuant to 28 U.S.C. §§ 1331,2201 and 1343(a)(4) in that this is a civil action seeking to redress the deprivation of the right to fair housing secured to the plaintiffs by the Fair Housing Act. 3. Plaintiffs seek declaratory relief pursuant to 28 U.S.C. §§ 2201 and 2202. 4. Plaintiffs seek preliminary and permanent injunctive relief pursuant to Rule 65, Federal Rules of Civil Procedure" 5. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and 1391(c) in that the claims arose in this district and the defendant conducts business in this district.
Parties 6. Plaintiff, Hernando Gonzalez, was born in Colombia, and is now a U.S. Resident. He, along with his wife, the plaintiff Bertha Gonzalez, is a resident of Coral Springs, Broward County, Florida. 7. Plaintiff, Bertha Gonzalez, was born in Colombia, and is now a U.S. Citizen. She, along
with her husband, the plaintiffHernando Gonzalez, is a resident ofCoral Springs, Broward County,
Florida. 8. Plaintiff, Luz Elena Betancur, is a U.S. Citizen. She, along with her partner, the plaintiff
Fernand Bernard, is aresidentofSunrise, Broward County, Florida. PlaintiffBetancuris a registered real estate agent with Century 21, Tenace Realty, Inc., located in Coral Springs, Broward County, Florida.
-2-

Case 0:06-cv-61575-MGC Document 1 Entered on FLSD Docket 10/24/2006 Page 3 of 10
9. Plaintiff, Fernand Bernard, a resident alien of Canadian citizenship, is the owner of Condominium Unit 108 at 9400 Sunrise Lakes Boulevard, Sunrise, Florida 33322, where he lives with his partner, plaintiff Luz Elena Betancur.
10. Defendant Sunrise Lakes Condominium Apartments, Phase 3, Inc. 4 (hereinafter "defendant Association") is a Florida corporation which serves as the condominium association for the 36 unit condominium complex which includes plaintiffBernard's unit. All unit owners at Sunrise Lakes Condominium Apartments, Phase 3, Inc. 4 are members of the defendant Association.
Factual Allei:ations 11. In 2004 plaintiff Bernard purchased his current residence, Condominium Unit 108, in Sunrise Lakes Condominium Apartments, Phase 3, Inc. 4. 12. On or about February 27,2006, plaintiffBernard placed his Condominium Unit 108 for sale and listed it with plaintiffBetancur, a registered real estate agent. 13. On April 14, 2006, plaintiff Bernard entered into a contract for the sale of his unit for $68,000 with Hector and Benigna Ochoa, who are of Hispanic origin. Hector and Benigna Ochoa qualified for financing to purchase plaintiff Bernard's Condominium Unit and were ready; able and willing to close. 14. In accordance with the Declaration of Condominium, the Ochoas' purchase of plaintiff Bernard's unit required approval by the defendant Association. 15. On April 21, 2006, the Ochoas were notified by letter that defendant Association disapproved the purchase because the Ochoas did not meet "our association criteria."
-3-

Case 0:06-cv-61575-MGC Document 1 Entered on FLSD Docket 10/24/2006 Page 4 of 10
16. After the Ochoas' purchase was disapproved by the defendant Association and the sale lost, plaintiffBernard with the assistance ofhis realtor, plaintiffBetancur, listed his unit again for sale.
17. On April 16, 2006, plaintiffs Hernando and Bertha Gonzalez entered into a contract to purchase Unit 145 in Sunrise Lakes Condominium Apartments, Phase 3, Inc. 5 for $ 76,500. Unit 145 in Sunrise Lakes Condominium Apartments, Phase 3, Inc. 5 is located in a nearby building, is the same size, and is otherwise nearly identical to Condominium Unit 108 owned by plaintiff Bernard. Plaintiffs Hernando and Bertha Gonzalez were to pay cash for the unit. They were also responsible for the monthly maintenance cost was $262.90. Plaintiffs Hernando and Bertha Gonzalez received a Certificate ofApproval to purchase Unit 145 from the Association in Sunrise Lakes Condominium Apartments, Phase 3, Inc. 5. However, since the inspection ofUnit 145 produced evidence ofmold and other structural problems resulting from a leak, the sale did not close.
18. On July 20, 2006, plaintiffs Hernando and Bertha Gonzalez entered into a contract to purchase Unit 108 for $67,000 from plaintiff Bernard.
19. Both the defendant Association and the association for Sunrise Lakes Condominium Apartments, Phase 3, Inc. 5, utilize the same management company. Accordingly, the management company used the same information previously provided by plaintiffs Hernando and Bertha Gonzalez as part of their application to purchase Condominium Unit 108 owned by plaintiff Bernard.
20. Plaintiffs Hernando and Bertha Gonzalez were prepared to pay $67,000 in cash to close on plaintiff Bernard's Unit 108. The monthly maintenance charge is $229.00. Plaintiffs Hernando and Bertha Gonzalez provided defendant Association with a copy oftheir Bank ofAmerica statement showing a balance of $65,922.03 on August 8, 2006. Furthermore, they provided the defendant
-4-

Case 0:06-cv-61575-MGC Document 1 Entered on FLSD Docket 10/24/2006 Page 5 of 10
Association with written verification that plaintiff Bertha Gonzalez earned between $300.00 and $3 50.00 per week working as a beautician; a copy ofa lease for an apartment they owned in Columbia which produced $400.00 per month in rent; and verification of$1, 118.00 per month in Social Security benefits, for a total monthly income of at least $2,718.00.
21. The verified monthly income of plaintiffs Hernando and Bertha Gonzales is more than sufficient to meet their monthly expenses, including the monthly maintenance fee of $229.00.
22. Plaintiffs Hernando and Bertha Gonzalez engaged an attorney to assist in their closing on Unit 108, paid the inspection fees, and paid the defendant Association's application fee.
23. Plaintiff Bernard engaged an attorney who sent a letter to defendant Association referencing that the Hernando and Bertha Gonzalez had already submitted evidence oftheir financial ability to purchase Unit 108 to the Association's management company, and pointed out that the Hernando and Bertha Gonzalez had been previously approved to purchase another unit under the defendant Association's management company's oversight in Phase 3, Inc. 5, but did not close as the unit had damage which the seller was unwilling to repair. PlaintiffBernard's attorney requested that approval of the Gonzalez's purchase be expedited.
24. On August 21, 2006, defendant Association notified plaintiffs Hernando and Bertha Gonzalez that they were not qualified based on their application (and without a personal interview) because they failed "to meet the financial responsibilities to the Association (Article 11 Section D)" despite the Gonzalez's willingness to pay cash for the unit, despite their verified monthly income being more than sufficient to afford the monthly maintenance fee, and despite the Gonzalez's earlier approval ofthe purchase ofan identical unit in the same phase costing $9,500 more and with a higher monthly maintenance fee.
-5-

Case 0:06-cv-61575-MGC Document 1 Entered on FLSD Docket 10/24/2006 Page 6 of 10
25. Plaintiff, Luz Elana Betancur, having produced a ready, able and willing buyer, is entitled to her commission on the sale ofthe Unit 108, amounting to 3% of the sales price of$67,000.00.
26. The defendant Association's letterhead listed twenty-three (23) board of directors, with four (4) board members also serving as Association officers. None of the twenty-three (23) board of directors possesses an Hispanic surname. On information and belief, none ofthe board members are of Hispanic national origin.
27. All plaintiffs have been, and continue to be, adversely affected by the acts, policies, and practices of the defendant and/or its agents.
Cause of Action Violation of the Fair Housin~: Act of 1968 28. Plaintiffs repeat and reallege paragraphs 1 through 27 of this Complaint as if fully set forth herein. 29. Defendant, in violation of 42 U.S.C. § 3601, et seq., has discriminated against plaintiffs Hernando and Bertha Gonzalez on the basis of national origin by refusing to approve their purchase of a home. 30. Defendant's discriminatory actions have also adversely affected plaintiffs Luz Elena Betancur and Fernand Bernard. 31. As a direct and proximate result of defendant's actions described above, plaintiffs Hernando and Bertha Gonzalez have suffered, and are continuing to suffer, and will in the future suffer irreparable loss and injury including, but not limited to humiliation, embarrassment, emotional distress, the possible loss of a more favorable mortgage rate, the loss of legal fees, the loss of the application and inspection fees, and a deprivation of their rights to equal housing opportunities
-6-

Case 0:06-cv-61575-MGC Document 1 Entered on FLSD Docket 10/24/2006 Page 7 of 10
regardless of their national origin. In engaging in the unlawful conduct described above, defendant Association acted intentionally and maliciously to damage the rights and feelings of the plaintiffs Gonzalez in violation of the Fair Housing Act of 1968.
32. As a direct and proximate result of the defendant's actions set forth herein, plaintiff Bernard was denied the opportunity to sell his condominium unit to Hispanic persons on the basis of their national origin, and was, and continues to be, adversely affected by the acts policies, and practices of the defendant Association and the defendant's agents. In engaging in the unlawful conduct described above, defendant Association acted intentionally and maliciously to damage the rights and feelings of the plaintiff Bernard in violation of the Fair Housing Act of 1968.
33. As a result of the defendant's actions set forth herein, plaintiffBetancur was denied the opportunity to make a commission on the sale of plaintiff Bernard's condominium unit to Hispanic persons on the basis of their national origin, and was, and continues to be, adversely affected by the acts policies, and practices of the defendant Association and the defendant's agents as she is of the opinion that she can not bring any other prospective Hispanic purchasers as they will similarly be disapproved by the defendant Association. In engaging in the unlawful conduct described above, defendant Association acted intentionally and maliciously to damage the rights and feelings of the plaintiff Betancur in violation of the Fair Housing Act of 1968.
Relief Sou2ht WHEREFORE plaintiffs requests: (a) That the Court declare the actions ofthe defendant complained ofherein to be in violation ofthe Fair Housing Act of 1968, as amended, 42 U.S.C. § 3601, et seq.;
-7-

Case 0:06-cv-61575-MGC Document 1 Entered on FLSD Docket 10/24/2006 Page 8 of 10
(b) That defendant be ordered to take appropriate affirmative actions to ensure that the activities complained of above are not engaged in again by them or any of their agents;
(c) That defendant, its agents, employees, and successors be preliminarily and permanently enjoined from discriminating on the basis ofnational origin against any person in violation ofthe Fair Housing Act of 1968, and enter preliminary and permanent injunctive reliefenjoining the defendant, its successors, and its servants, agents and employees, and all those acting in concert with them, from discriminating on the basis ofnational origin in the sale ofcondominium units, and specifically enjoin the defendant to adopt polices, procedures and practices which will insure that all individuals who apply to be approved with the financial ability to afford a unit, may do so without regard to their national origin;
(d) That appropriate compensatory and punitive damages be awarded to the plaintiffs against the defendant to compensate the plaintiffs for the loss of out-of-pocket expenses related to the sale ofthe condominium, the humiliation, embarrassment, emotional distress caused by the defendant's discriminatory actions, and loss of equal housing rights;
(e) That plaintiffs be awarded their costs and reasonable attorneys' fees in this action; and (f) That plaintiffs be awarded such other and further reliefas the court deems just and proper.
Demand For Jury Trial Pursuant to Rule 38(b), Federal Rules ofCivil Procedure, the plaintiffdemands a trial byjury on all issues so triable in this matter.
-8-

Case 0:06-cv-61575-MGC Document 1 Entered on FLSD Docket 10/24/2006 Page 9 of 10

Respectfully submitted,
Randall C. Berg, Jr., Esq. Fla. Bar No. 318371 Peter M. Siegel, Esq. Fla. Bar No. 227862
Florida Justice Institute, Inc. 4320 Bank of America Tower 100 South East Second Street Miami, Florida 33131 -2309 305-358-2081 305-358-0910 (FAX) E-mail: rcberg@bellsouth.net
Angela T. Puentes, Esq. Fla. Bar No. 524621
Carlton Fields, P.A. 4000 Bank of America Tower 100 South East Second Street Miami, Florida 33131-2309 305-539-7408 305- 530-0055(FAX) E-mail: APuentes@CarltonFields.com

Gonzalez\complain I0-18-06.wpd

s0~.n~.,&' Fla. BarNo. 318371

-9-

Case 0:06-cv-61575-MGC Document 1 Entered on FLSD Docket 10/24/2006 Page 10 of 10

~S 44 (Rev. 11/05)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as provided

by local rules of court. This form, approved by the Judicial Conference of the United States in Seotember I974. is reauired for the use of the Clerk ofCourt for the ourpose of initiating

the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

NOTICE: Attorneys MUST Indicate AD Re-fiJed Cases Below.

I. (a) PLAINTIFFS
Hernando Gonzalez, Bertha Gonzalez, Luz Elena Betancur, and Fernand Bernard
(b) County of Residence of First Listed Plaintiff ~B~r~o~w~a_r_ d _ _ _ _ __
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorney's (finn Name, Address, and Telephone Number)
Randall C. Berg, Jr. Esq., Peter M. Siegel, Esq., Florida Justice Institute
4320 Bank of America Tower, 100 S.E. Second St., Miami, FL 33131 305-358-2081

DEFENDANTS
Sunrise Lakes Condominium Apartments, Phase 3, Inc. 4

County of Residence of First Listed Defendant

Broward

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT

LAND INVOLVED.

,-.. j 1 J ,•. •

• •

Attorneys (If Known)

I ER 0 OKEECHOBEE HIGHLANDS

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

Ill. CITIZENSHIP OF PRINCIPAL PARTIESCPiacean "X" in One Box for Plaintiff

0 I U.S. Government Plaintiff
0 2 U.S. Government Defendant

./J 3 Federal Question
(U.S. Government Not a Party)
0 4 Diversity (Indicate Citizenship of Parties in Item Ill)

(For Diversity Cases Only)

Citizen of This State

r¥

PTF I

Citizen ofAnother State 0

0

DEF 01
0 2
0 3

and Oj!'j!ox for Defendant)

Incorporated

:
ors;lincipal

PcI:-=~•

PTF 0 4

,PDE4F

of Business ~~tate -..,
Incorporatedca~a:'r':Principal ~ ..: g........,s 0 5
of Businett~u_Another ~

Foreign Natiirii-r ~/ ·

~..::::l 0 6 0 6

IV NATURE OF SUIT (Place an "X" in One Box Onlv)

. --

I

CONTRA :T

0 110 Insurance 0 120 Marine 0 130 Miller Act

T<JRrs

I FORFEIT1 JRF:IPF.NALTY

PERSONAL INJURY 0 310 Airplane 0 315 Airplane Product

PERSONAL INJURY 0 61 0 Agriculture 0 362 Personal Injury - 0 620 Other Food & Drug
Med. Malpractice 0 625 Drug Related Seizure

..... BANKRUPTCY

OTHER STAT1UTES

0 422 Appeal28 USC 158-; ( ~ 400 SMe Reapportionment

0 423 Withdrawal

4IO~iirust

28 usc 157

. c::f'"''430 ~and Banking

0 140 Negotiable Instrument

Liability

0 365 Personal Injury -

of Property 21 USC 881

0 450 Commerce

0 150 Recovery of Overpayment 0 320 Assault, Libel &

Product Liability 0 630 Liquor Laws

PRU PER Y RIGHTIS

0 460 Deportation

& Enforcement of Judgment

Slander

0 368 Asbestos Personal 0 640 R.R. & Truck

0 820 Copyrights

0 470 Racketeer Influenced and

0 151 Medicare Act

0 330 Federal Employers'

Injury Product

0 650 Airline Regs.

0 830 Patent

Corrupt Organizations

0 152 Recovery of Defaulted

Liability

Liability

0 660 Occupational

0 840 Trademark

0 480 Consumer Credit

Student Loans

0 340Marine

PERSONAL PROPERTY

Safety/Health

0 490 Cable/Sat TV

(Excl. Veterans)

0 345 Marine Product

0 370 Other Fraud

0 6900ther

0 810 Selective Service

0 153 Recovery of Overpayment

Liability

0 371 Truth in Lending

.ABOR

SOCIAL

0 850 Securities/Commodities/

of Veteran's Benefits

0 350 Motor Vehicle

0 380 Other Personal 0 710 Fair Labor Standards 0 861 HIA (!395m

Exchange

0 160 Stockholders' Suits 0 190 Other Contract

0 355 Motor Vehicle Product Liability

Property Damage

Act

0 862 Black Lung (923)

0 875 Customer Challenge

0 385 Property Damage 0 720 Labor/Mgmt. Relations 0 863 DIWC/DIWW (405(g))

12 usc 3410

0 195 Contract Product Liability 0 360 Other Personal

Product Liability 0 730 Labor/Mgmt.Reporting 0 864 SSID Title XVI

0 890 Other Statutory Actions

0 196 Franchise

lnjurv

& Disclosure Act

0 865 RSI (405(~))

0 891 Ab'licultural Acts

REAL PROPERTY

CIVIL RIGHTS

PRISONER PETITIONS 0 740 Railway Labor Act

FEDERAL TAX SUITS 0 892 Economic Stabilization Act

0 21 0 Land Condemnation

0 441 Voting

0 510 Motions to Vacate 0 790 Other Labor Litigation 0 870 Taxes (U.S. Plaintiff 0 893 Environmental Matters

0 220 Foreclosure

~2 Employment

Sentence

0 791 Empl. Ret. Inc.

or Defendant)

0 894 Energy Allocation Act

0 230 Rent Lease & Ejectment 0 240 Torts to Land

443 Housing/ Accommodations

Habeas Corpus: 0 530 General

Security Act

0 871 IRS-Third Party
26 usc 7609

0 895 Freedom of Information Act

0 245 Tort Product Liability

0 444 Welfare

0 535 Death Penalty

0 900Appeal of Fee Determination

0 290 All Other Real Property 0 445 Amer. w/Disabilities- 0 540 Mandamus & Other

Under Equal Access

Employment

0 550 Civil Rights

to Justice

0 446 Amer. w/Disabilities - 0 555 Prison Condition

0 950 Constitutionality of

Other

State Statutes

0 440 Other Civil Rights

V. ORIGIN
jJ I Original
Proceeding

(Place an "X" in One Box Only)

0 2 Removed from

0 3 Re-filed-

State Court

(see VI below)

Appeal to District

0

4 Reinstated or 0

Transferred from
5 another district

0 6 Multidistrict

Reopened

(specify)

Litigation

0

7

Judge from Magistrate

Jud ment

VI. RELATED/RE-FILED (See instructions

CASE(S).

second page):

a) Re-filed Case 0 YES 0 NO
JUDGE

b) Related Cases 0 YES 0 NO
DOCKET NUMBER

VII. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. 3601, et seq. Housing Discrimination on the Basis of National Origin

VIII. REQUESTED IN COMPLAINT:
ABOVE INFORMATION IS TRUE & CORREC THE BEST OF MY KNOWLEDGE

CHECK YES only if demanded in complaint:
JURY DEMAND: ~Yes pj No

 
 Case: 0:06-cv-61575-MGC As of: 07/31/2012 12:36 PM EDT 1 of 5
CLOSED,REF_PTRL
U.S. District Court Southern District of Florida (Ft. Lauderdale) CIVIL DOCKET FOR CASE #: 0:06−cv−61575−MGC

Gonzalez et al v. Sunrise Lakes Condominium Apts., Phase 3, Inc., 4 Assigned to: Judge Marcia G. Cooke Referred to: Ch. Magistrate Judge Stephen T. Brown Cause: 42:3601 Fair Housing Act
Plaintiff

Date Filed: 10/19/2006 Date Terminated: 10/19/2007 Jury Demand: Plaintiff Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: Federal Question

Hernando Gonzalez

represented by Angela Teresa Puentes Carlton Fields 100 SE 2nd Street Suite 4000 PO Box 019101 Miami, FL 33131−9101 305−530−0050 Fax: 530−0055 Email: apuentes@carltonfields.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Michael Siegel Florida Justice Institute 100 SE 2nd Street 4320 Bank of America Tower Miami, FL 33131−2309 305−358−2081 Fax: 358−0910 Email: peterms@bellsouth.net TERMINATED: 08/02/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Randall Challen Berg , Jr. Florida Justice Institute 100 SE 2nd Street 3750 Miami Tower Miami, FL 33131−2309 305−358−2081 Fax: 305−358−0910 Email: rberg@floridajusticeinstitute.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Bertha Gonzalez

represented by Angela Teresa Puentes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Peter Michael Siegel (See above for address) TERMINATED: 08/02/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Randall Challen Berg , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-61575-MGC As of: 07/31/2012 12:36 PM EDT 2 of 5

Plaintiff Luz Elena Betancur
Plaintiff Fernand Bernard

represented by Angela Teresa Puentes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter Michael Siegel (See above for address) TERMINATED: 08/02/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Randall Challen Berg , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Angela Teresa Puentes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter Michael Siegel (See above for address) TERMINATED: 08/02/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Randall Challen Berg , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Sunrise Lakes Condominium Apts., Phase 3, Inc., 4 a Florida corporation
Defendant Carol Soret Cope

represented by Jacqueline A. Grady Frank, Weinberg &Black, P.L. 7805 SW 6th Court Plantation, FL 33324 9544748000 Fax: 9544749850 Email: jgrady@fwblaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Todd Slatoff Frank Weinberg &Black 7805 SW 6th Court Plantation, FL 33324 954−474−8000 Fax: 474−9850 Email: rslatoff@fwblaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 0:06-cv-61575-MGC As of: 07/31/2012 12:36 PM EDT 3 of 5

Date Filed 10/19/2006
10/19/2006 10/19/2006 10/30/2006 12/05/2006 12/19/2006
12/27/2006 01/12/2007 01/19/2007 01/19/2007 01/23/2007 02/26/2007
03/07/2007 03/07/2007 03/13/2007
03/20/2007

# Docket Text
1 COMPLAINT for Housing Discrimination on the Basis of National Origin against Sunrise Lakes Condominium Apts., Phase 3, Inc., 4 Filing fee $ 350. Receipt#: 948365 filed by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez.(nt) (Entered: 10/24/2006)
2 DEMAND for Trial by Jury by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez. (nt) (Entered: 10/24/2006)
3 Summons Issued as to Sunrise Lakes Condominium Apts., Phase 3, Inc., 4. (nt) (Entered: 10/24/2006)
4 SUMMONS Returned Executed Sunrise Lakes Condominium Apts., Phase 3, Inc., 4 served on 10/25/2006, answer due 11/14/2006. (dm) (Entered: 10/31/2006)
5 Defendant's MOTION to Dismiss 1 Complaint, by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4. Responses due by 12/19/2006 (Slatoff, Robert) (Entered: 12/05/2006)
6 RESPONSE in Opposition re 5 Defendant's MOTION to Dismiss 1 Complaint, or For a More Definite Statement and in the alternative, Motion to Strike filed by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez. (Berg, Randall) (Entered: 12/19/2006)
7 REPLY to Response to Motion re 5 Defendant's MOTION to Dismiss 1 Complaint, filed by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4. (Grady, Jacqueline) (Entered: 12/27/2006)
8 NOTICE of Attorney Appearance by Jacqueline A. Grady on behalf of Sunrise Lakes Condominium Apts., Phase 3, Inc., 4 (Grady, Jacqueline) (Entered: 01/12/2007)
9 ORDER REFERRING CASE to Magistrate Judge Stephen T. Brown for non−dispositive pretrial matters. Signed by Judge Marcia G. Cooke on 1/19/07. (tm) (Entered: 01/19/2007)
10 Order Requiring Joint Scheduling Report. Signed by Judge Marcia G. Cooke on 1/19/07. (tm) (Entered: 01/19/2007)
11 ORDER on Discovery. Signed by Judge Stephen T. Brown on 01/23/07 (dt) (Entered: 01/23/2007)
12 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit Pretrial Deadlines, Pretrial Conference and Trial Date# 2 Exhibit ELECTION TO JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE FOR FINAL DISPOSITION OF MOTIONS# 3 Text of Proposed Order JOINT PROPOSED SCHEDULING ORDER)(Berg, Randall) (Entered: 02/26/2007)
13 NOTICE of Filing Discovery: Rule 26 Disclosure Statement by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4.(Grady, Jacqueline) (Entered: 03/07/2007)
14 NOTICE by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4 Rule 7.1 Disclosure Statement (Grady, Jacqueline) (Entered: 03/07/2007)
Notice of Undeliverable Mail re 14 Notice (Other) filed by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4,, 13 Notice of Filing Discovery filed by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4, Email returned for: Peter Michael Siegel Resolved by: Called attorneys' office, Attorney Randall Berg informed that attorney Siegel is retired and he will file a notice to terminate attorney Siegel from this case. The email address has been deleted and attorney was deactivated. (mc) (Entered: 03/13/2007)
15 ORDER REFERRING CASE to Mediation. 15 days to appoint mediator.,and SCHEDULING ORDER: Jury Trial set for 4/14/2008 09:30 AM in Miami Division before Judge Marcia G. Cooke. Calendar Call set for 4/9/2008 03:00 PM in Miami Division before Judge Marcia G. Cooke. Amended Pleadings due by 7/2/2007. Discovery due by 10/24/2007. Joinder of Parties due by 7/2/2007. Motions due by 11/7/2007. Pretrial Stipulation due by 3/5/2008.Signed by Judge

Case: 0:06-cv-61575-MGC As of: 07/31/2012 12:36 PM EDT 4 of 5

04/04/2007 04/09/2007 06/01/2007 06/29/2007 06/29/2007
06/29/2007 07/02/2007
07/02/2007 07/16/2007 07/26/2007
07/27/2007 07/27/2007 08/01/2007 08/03/2007

Marcia G. Cooke on 03/20/07.(im) (Entered: 03/20/2007)
16 NOTICE by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez re 15 Order Referring Case to Mediation, Scheduling Order,, Filing Mediation Scheduling Order (Attachments: # 1 Text of Proposed Order Order Scheduling Mediation)(Berg, Randall) (Entered: 04/04/2007)
17 ORDER Scheduling Mediation Mediation Hearing 9/5/2007 @ 9:00 a.m.Signed by Judge Marcia G. Cooke on 04/09/07.(tm) (Entered: 04/09/2007)
18 NOTICE OF UNAVAILABILITY by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4 for dates of June 18 − June 23 2007 (Grady, Jacqueline) (Entered: 06/01/2007)
19 Plaintiff's MOTION for Extension of Time to File Amended Pleadings and to Add or Join Parties by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez. (Berg, Randall) Modified on 7/2/2007 (ls). [Modified to read as displayed above, by Court] (Entered: 06/29/2007)
20 Plaintiff's MOTION to Compel Documents and Incorporated Standard of Review and Memorandum of Law and Request for Sanctions by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez. Responses due by 7/16/2007 (Berg, Randall) Modified on 7/2/2007 (ls). [Modified to read as displayed above, by Court] (Entered: 06/29/2007)
21 MOTION for Sanctions by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez. [See Image at DE #20] (ls) (Entered: 07/02/2007)
22 Notice of Docket Correction: re 20 Plaintiff's MOTION to Compel Documents and Incorporated Standard of Review and Memorandum of Law and Request for Sanctions filed by Hernando Gonzalez,, Bertha Gonzalez,, Luz Elena Betancur,, Fernand Bernard, Error: Multiple reliefs filed as one relief; Correction: Re−filed the document(s) with appropriate reliefs. (ls) (Entered: 07/02/2007)
23 ENDORSED ORDER DENYING 19 Motion for Enlargement of Time to File Amended Pleadings and to Add or Join Parties. Signed by Judge Marcia G. Cooke on 7/2/2007. (lc1) (Entered: 07/02/2007)
24 RESPONSE in Opposition re 20 Plaintiff's MOTION to Compel Documents and Incorporated Standard of Review and Memorandum of Law and Request for Sanctions filed by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4. (Grady, Jacqueline) (Entered: 07/16/2007)
25 REPLY to Response to Motion re 21 MOTION for Sanctions, 20 Plaintiff's MOTION to Compel Documents and Incorporated Standard of Review and Memorandum of Law and Request for Sanctions filed by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez. (Berg, Randall) Modified on 7/27/2007 (ls). [Modified to read as displayed above, by Clerk] (Entered: 07/26/2007)
26 Unopposed MOTION to Withdraw as Attorney Peter M. Siegel by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez. Responses due by 8/10/2007 (Berg, Randall) (Entered: 07/27/2007)
27 Defendant's MOTION to Strike 25 Reply to Response to Motion, in Opposition to Plaintiffs' Motion to Compel Production of Documents and for Sanctions by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4. Responses due by 8/10/2007 (Grady, Jacqueline) (Entered: 07/27/2007)
28 ORDER granting 26 Motion to Withdraw as Attorney. Attorney Peter Michael Siegel terminated as plaintiffs' counselSigned by Magistrate Judge Stephen T. Brown on 8/1/07. (sl) (Entered: 08/01/2007)
29 RESPONSE in Opposition re 27 Defendant's MOTION to Strike 25 Reply to Response to Motion, in Opposition to Plaintiffs' Motion to Compel Production of Documents and for Sanctions and/or alternative Motion to File Sur−Reply filed by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez. (Berg, Randall) (Entered: 08/03/2007)

Case: 0:06-cv-61575-MGC As of: 07/31/2012 12:36 PM EDT 5 of 5

08/07/2007 08/07/2007
08/07/2007 08/09/2007 08/10/2007 08/14/2007 08/21/2007 08/28/2007 08/31/2007 08/31/2007 09/07/2007
09/07/2007 09/10/2007 09/25/2007 10/16/2007 10/19/2007

30 NOTICE by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4 re 27 Defendant's MOTION to Strike 25 Reply to Response to Motion, in Opposition to Plaintiffs' Motion to Compel Production of Documents and for Sanctions Notice of Withdrawing Motion to Strike (Grady, Jacqueline) (Entered: 08/07/2007)
31 WITHDRAWAL of Motion by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4 re 27 Defendant's MOTION to Strike 25 Reply to Response to Motion, in Opposition to Plaintiffs' Motion to Compel Production of Documents and for Sanctions filed by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4,. [See Image at DE #30](ls) (Entered: 08/07/2007)
32 Notice of Docket Correction: re 30 Notice (Other), Notice (Other) filed by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4, Error: Wrong Event Selected; Correction: Re−docketed as a Withdrawal of Motion by the Clerk. (ls) (Entered: 08/07/2007)
33 Defendant's MOTION to Compel Response to Second Request for Production by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4. Responses due by 8/23/2007 (Grady, Jacqueline) (Entered: 08/09/2007)
34 RESPONSE to Motion re 33 Defendant's MOTION to Compel Response to Second Request for Production filed by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez. Replies due by 8/17/2007. (Berg, Randall) (Entered: 08/10/2007)
35 ORDER Denying 5 Defendant's Motion to Dismiss and Requiring Additional briefing regarding Betancur's and Bernard's standing in this matter. Supplemental briefs must be filed on or before September 7, 2007.Signed by Judge Marcia G. Cooke on 8/14/2007. (lc1) (Entered: 08/14/2007)
36 NOTICE OF UNAVAILABILITY by all plaintiffs for dates of 9/19/07 − 10/02/07 (Puentes, Angela) (Entered: 08/21/2007)
37 ANSWER to Complaint by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4.(Grady, Jacqueline) (Entered: 08/28/2007)
38 Joint MOTION to Vacate 17 ORDER Scheduling Mediation AND TO ALLOW THE PARTIES TO RESCHEDULE MEDIATION by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez. Responses due by 9/17/2007 (Berg, Randall) (Entered: 08/31/2007)
39 ENDORSED ORDER Denying 38 Motion to Vacate Mediation Order. Signed by Judge Marcia G. Cooke on 8/31/2007. (lc1) (Entered: 08/31/2007)
40 BRIEF on the Standing of plaintiffs Betancur and Bernard under the Fair Housing Act re 35 Order on Motion to Dismiss, filed by Luz Elena Betancur, Fernand Bernard, Hernando Gonzalez, Bertha Gonzalez. (Berg, Randall) Modified on 9/10/2007 (ls). [Modified to read as displayed above, by Clerk] (Entered: 09/07/2007)
41 SUPPLEMENTAL MEMORANDUM in Support re 5 Defendant's MOTION to Dismiss 1 Complaint,, 35 Order on Motion to Dismiss filed by Sunrise Lakes Condominium Apts., Phase 3, Inc., 4. (Grady, Jacqueline) Modified on 9/10/2007 (ls). (Entered: 09/07/2007)
42 ORDER denying without prejudice 33 Motion to Compel Signed by Magistrate Judge Stephen T. Brown on 9/10/07. (sl) (Entered: 09/10/2007)
43 REPORT of Mediation Disposition: Impasse(Chaplin, James) (Entered: 09/25/2007)
44 STIPULATION of Dismissal by Luz Elena Betancur, Fernand Bernard, Sunrise Lakes Condominium Apts., Phase 3, Inc., 4, Hernando Gonzalez, Carol Soret Cope, Bertha Gonzalez. (Berg, Randall) (Entered: 10/16/2007)
45 ORDER DISMISSING CASESigned by Judge Marcia G. Cooke on 10/19/07.(tm) (Entered: 10/19/2007)