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Filing # 137668158 E-Filed 11/01/2021 04:27:42 PM
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
IN AND FOR MIAMI DADE COUNTY, FLORIDA
OCEAN BANK, CIVIL DIVISON
Plaintiff,
vs. MAIN
CASE NO.: 20-10948 CA 01
BLUE CONCERTS, LLC AND VICTOR ALAIN
BELTRAN DE LA PARTE,
Defendants.
___________________________________________/
OCEAN BANK,
Plaintiff,
vs.
DREAM SHOW PRODUCTIONS 2020 LLC, SUPPLEMENTAL
ENTERTAINMENT ADVISORS OF FLORIDA CASE NO.: 21-019003 CA 01
LLC, MERCEDES VALARINO, and STEPHANIE
URBINA
Impleaded Defendants.
___________________________________________/
MOTION TO DISMISS AMENDED SUPPLEMENTAL COMPLAINT
COMES NOW Defendants, Dream Show Productions 2020 LLC, Entertainment Advisors Of
Florida, LLC, Mercedes Valarino, and Stephanie Urbina, by and through undersigned counsel, and
moves to dismiss pleading styled Amended Supplemental Complaint and in support thereof states
the following:
1. Counts IV fails to state a cause of action against Defendant, Dream Show, under
§726.106(2) in that Plaintiff fails to allege sufficient facts to support that Defendant is an insider of
the debtor corporation, Blue Concerts, LLC.
2. Pursuant to Florida Statute §726.102 (8)(b) an “Insider” includes . . . if the debtor is a a
corporation: 1. A director of the debtor; 2. An officer of the debtor; 3. A person in control of the
debtor; 4. A partnership in which the debtor is a general partner; 5. A general partner in a partnership
described in subparagraph 4.; or 6. A relative of a general partner, director, officer, or person in
control of the debtor. §726.102 (8) (d) “An affiliate, or an insider of an affiliate as if the affiliate
were the debtor” or §726.102 (8)(e) “A managing agent of the debtor.”
3. Defendant is an independent entity and as such the allegations in the complaint are
insufficient to support the cause of action.
4. The Amended Complaint fails to state sufficient facts to support that Defendant is an
insider of the debtor corporation pursuant to §726.102 (8)(b), (d) or (e).
5. Counts VIII fails to state a cause of action against Defendant, Entertainment Advisors,
under §726.106(2) in that Plaintiff fails to allege sufficient facts establishing that Defendant is an
insider of the debtor corporation, Blue Concerts, LLC.
6. Defendant is an independent entity and as such the allegations in the complaint are
insufficient.
7. Counts XII fails to state a cause of action against Defendant,Valarino, under §726.106(2)
in that Plaintiff fails to allege sufficient facts establishing that Defendant is an insider of the debtor
corporation, Blue Concerts, LLC.
8. Counts XVI fails to state a cause of action against Defendant, Urbina, under §726.106(2)
in that Plaintiff fails to allege sufficient facts establishing that Defendant is an insider of the debtor
corporation, Blue Concerts, LLC.
WHEREFORE, Defendants move this Court for an Order dismissing the Complaint against
them with prejudice and granting all other relief this Court deems just and appropriate.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 1ST day of November 2021, a true and correct copy of
the foregoing has been furnished via electronic mail to: Weissman & Dervishi, P.A., c/o Peter A.
Tappert, Esquire at ptappert@wdpalaw.com.
Law Offices of Samir Masri
901 Ponce de Leon Blvd., Suite 101
Coral Gables, Florida 33134
Telephone: (305) 445-3422
E-service: masrilaw@aol.com
By: s/ Samir Masri
Samir Masri, Esquire
FBN: 145513
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Filing # 137668158 E-Filed 11/01/2021 04:27:42 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA OCEAN BANK, CIVIL DIVISON Plaintiff, vs. MAIN CASE NO.: 20-10948 CA 01 BLUE CONCERTS, LLC AND VICTOR ALAIN BELTRAN DE LA PARTE, Defendants. ___________________________________________/ OCEAN BANK, Plaintiff, vs. DREAM SHOW PRODUCTIONS 2020 LLC, SUPPLEMENTAL ENTERTAINMENT ADVISORS OF FLORIDA CASE NO.: 21-019003 CA 01 LLC, MERCEDES VALARINO, and STEPHANIE URBINA Impleaded Defendants. ___________________________________________/ MOTION TO DISMISS AMENDED SUPPLEMENTAL COMPLAINT COMES NOW Defendants, Dream Show Productions 2020 LLC, Entertainment Advisors Of Florida, LLC, Mercedes Valarino, and Stephanie Urbina, by and through undersigned counsel, and moves to dismiss pleading styled Amended Supplemental Complaint and in support thereof states the following: 1. Counts IV fails to state a cause of action against Defendant, Dream Show, under §726.106(2) in that Plaintiff fails to allege sufficient facts to support that Defendant is an insider of the debtor corporation, Blue Concerts, LLC. 2. Pursuant to Florida Statute §726.102 (8)(b) an “Insider” includes . . . if the debtor is a a corporation: 1. A director of the debtor; 2. An officer of the debtor; 3. A person in control of the debtor; 4. A partnership in which the debtor is a general partner; 5. A general partner in a partnership described in subparagraph 4.; or 6. A relative of a general partner, director, officer, or person in control of the debtor. §726.102 (8) (d) “An affiliate, or an insider of an affiliate as if the affiliate were the debtor” or §726.102 (8)(e) “A managing agent of the debtor.” 3. Defendant is an independent entity and as such the allegations in the complaint are insufficient to support the cause of action. 4. The Amended Complaint fails to state sufficient facts to support that Defendant is an insider of the debtor corporation pursuant to §726.102 (8)(b), (d) or (e). 5. Counts VIII fails to state a cause of action against Defendant, Entertainment Advisors, under §726.106(2) in that Plaintiff fails to allege sufficient facts establishing that Defendant is an insider of the debtor corporation, Blue Concerts, LLC. 6. Defendant is an independent entity and as such the allegations in the complaint are insufficient. 7. Counts XII fails to state a cause of action against Defendant,Valarino, under §726.106(2) in that Plaintiff fails to allege sufficient facts establishing that Defendant is an insider of the debtor corporation, Blue Concerts, LLC. 8. Counts XVI fails to state a cause of action against Defendant, Urbina, under §726.106(2) in that Plaintiff fails to allege sufficient facts establishing that Defendant is an insider of the debtor corporation, Blue Concerts, LLC. WHEREFORE, Defendants move this Court for an Order dismissing the Complaint against them with prejudice and granting all other relief this Court deems just and appropriate. 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 1ST day of November 2021, a true and correct copy of the foregoing has been furnished via electronic mail to: Weissman & Dervishi, P.A., c/o Peter A. Tappert, Esquire at ptappert@wdpalaw.com. Law Offices of Samir Masri 901 Ponce de Leon Blvd., Suite 101 Coral Gables, Florida 33134 Telephone: (305) 445-3422 E-service: masrilaw@aol.com By: s/ Samir Masri Samir Masri, Esquire FBN: 145513 3