Professional Documents
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The Plaintiffs, LUIS A. GARCIA SAZ and MARIA DEL ROCIO BURGOS GARCIA,
file this Motion Requesting an Evidentiary Hearing on their Amended Motion to Vacate the
Arbitration Awards and Incorporated Memorandum of Law filed on January 23, 2018 (DE 272).
1. In their motion to vacate the arbitration, Plaintiffs argued that an evidentiary hearing is
required to resolve the fact-intensive issues raised in the Amended Motion to Vacate the
2. Plaintiffs supported their motion with the affidavit of Luis Garcia, averring that the
Church prevented the Plaintiffs from presenting evidence supporting their claims of fraud, breach
of contract and violations of the Florida Deceptive and Unfair Trade Practices Act (DE 272-3).
The arbitration panel acted with evident partiality and engaged in misconduct (Id.). The motion,
affidavit, and exhibits, provide a sufficient factual basis to vacate the arbitration award.
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Church submitted the declaration of Mike Ellis, the International Justice Chief (“IJC”) (DE 275;
DE 276-1). The IJC has a very different account of what happened at the arbitration. The Church
also submitted the declaration of its attorney, Gary Soter, who claims to have been present, but
“did not participate in or attend” the arbitration (DE 276-10 at 1; see DE 275 at 11).
5. In addition, the Church includes an exhibit, A(3), that the Plaintiffs have never seen
before titled, “Religious Arbitration Instructions” (DE 275-4 at 1-2; DE 276-4 at 1-2). The Church
claims that this exhibits shows the IJC instructed the arbitration panel to be fair and impartial (DE
275 at 11-12 & DE 275-1 at 2). To the contrary, Luis Garcia’s affidavit provides evidence that the
IJC did not allow the Plaintiffs to be present when he “hatted,” or trained, the arbitration panel by
giving them extensive documents and policies to review (DE 272 at 6, 8, 10, 21). The only
instruction the IJC gave the arbitrators in the Plaintiffs’ presence was that the only issue for the
panel was whether the Plaintiffs filled out a CVB form to request a refund (DE 272-3 at 11).
Commons-Urbana, Ltd. v. Universal Constructors, Inc., 304 F.3d 1331, 1340-41 & 1345 (11th
Cir. 2002) (recognizing these questions are fact-intensive and require an evidentiary hearing upon
Theodore Babbitt, counsel for the Plaintiffs, certifies that he has conferred with opposing
counsel, F. Wallace Pope, Jr., and the parties cannot agree on the resolution of this motion.
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CERTIFICATE OF SERVICE
I hereby certify that, on February 28, 2018, we electronically filed the foregoing document
with the Clerk of the Court using CM/ECF. We also certify that the foregoing document is being
served this day on all counsel or pro se parties identified below in the manner specified, either via
manner for those counsel or parties who are not authorized to receive electronically Notices of
Electronic Filings.