Both sides claim win after judge tells Ball & Chain lawyers to refile suit against Miami
As U.S. Marshals started the process of seizing property from Miami Commissioner Joe Carollo on Friday, there was movement in another case filed by the two Little Havana businessmen whose earlier lawsuit prompted the action.
In a lawsuit filed in early November, William “Bill” Fuller and Martin Pinilla claimed the city used its power to attempt to destroy their businesses, including the Ball & Chain nightclub — the same allegation they made against Carollo in a separate lawsuit they won last year, in which they were awarded $63.5 million in damages.
In an attempt to collect those millions, U.S. Marshals have begun the process to seize Carollo’s home and property, posting a notice on his Coconut Grove home on Friday afternoon.
READ MORE: U.S. Marshals move to seize Miami Commissioner Joe Carollo’s house to cover $63M verdict
During a status conference on Friday, U.S. District Judge Federico Moreno dismissed the city’s motion to throw out the November case and allowed Fuller and Pinilla to amend their original complaint with more detail, according to federal court documents.
In this suit, Fuller and Pinilla are again seeking damages over $60 million. In addition to the city, Carollo, City Manager Arthur Noriega, City Attorney Victoria Méndez and others are also named as defendants.
READ MORE: Little Havana businessmen who won $63.5 million in Carollo suit target city in new suit
Moreno gave Fuller and Pinilla’s lawyers a deadline to turn in their amended complaint and the city a date to file another motion to dismiss the case if it wanted to, court documents indicate.
In a Friday night press release, the city of Miami touted Moreno’s order as a victory, highlighting his critiques against Fuller and Pinilla.
“Judge Moreno advised Plaintiffs’ attorney Jeffrey Gutchess that he should revise his complaint to be specific as to each of the plaintiffs’ claims against each of the defendants and further suggested at the hearing that the plaintiffs stick to the facts instead of making jury arguments in their complaint,” the statement read.
However, Gutchess, a lawyer for Fuller and Pinilla, said that the city’s perception of the order is wrong and that the status conference went well for them.
“It was a very cooperative process,” he said. “The judge was very helpful and supportive.”
Gutchess noted that he asked the court to establish a “clear path forward” for the suit, which is still in its infancy and could take years to resolve. He said he was also happy to hear that the judge allowed him a chance to amend the suit to include more specific allegations against the city.
He added that the city left out that Moreno threw out its attempt to dismiss the case at this juncture and also asked its lawyers how they could expect a dismissal when it had already lost its case involving Carollo.
“They are trying to use this as a red herring to distract from the U.S. Marshals’ action today,” Gutchess said. “We are feeling great. This case is a slam dunk.”
As of now, no future court dates have been scheduled.
Miami Herald reporter Sarah Blaskey contributed reporting.
