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R10A-City Attorney�s Status ReportMIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem rs of the City Commission FROM: 1\ DATE: December 14, 2011 SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. Loida Anton and Benigno V. City of Miami Beach, Case No. 11-32579 CA 25 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) The City was served with this complaint on October 11, 2011 alleging that on March 15, 2011, the plaintiff, Loida Anton, was a pedestrian walking westbound in the pedestrian cross-walk on 12th Street and Collins Avenue, when she was struck by a 2005 Ford truck owned by the Defendant, City of Miami Beach and driven negligently by Defendant employee, Antwan Givens, in the course and scope of his employment. The plaintiff suffered compound fractures to both lower legs. She was treated by Fire Rescue at the scene and then transported to Rider Trauma Center. We shall file our answer and propound discovery. 2. Caroline Ibanez V. City of Miami Beach, Case No. 11-32707 CA 06 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) The City was served with this complaint on October 14, 2011 alleging that on April 29, 2010, the plaintiff, Caroline Ibanez, was violently tackled without warning or provocation from behind by Officer Anderson causing serious injuries to her. It is alleged that this attack occurred while the plaintiff was attempting to intervene when she noticed that her companion, Mr. DeCardenas, was being roughed up by either Officer Anderson or Sgt. Estraviz as they were in the course of walking towards the exit of south beach upon being told by the Officers that the beach was closed. The plaintiff is suing the City as well as Officer Anderson for use of excessive force and false arrest. For the counts against Officer Anderson, she pled in the alternative that Officer Anderson acted in bad faith and with malicious purpose. We shall respond to the complaint on behalf of the City and propound discovery. 541 Agenda Item R 10 A Date [J.,/f&-1 ( City Attorney's Report December 14, 2011 Page2 3. JPMorgan Chase Bank, N.A. vs. Carlos Miguel Rodriguez, et al., Case No. 11- 34537 CA 09 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 1280 NW 29 Avenue, Miami, Florida. The Summons and Complaint were served on the City on October 20, 2011. The City's Motion to Dismiss was filed on October 31, 2011. 4. Bank of America, N.A. vs. Ernesto Santa Maria, et al., Case No. 11-34392 CA 09 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 850 81 Street, Miami Beach, Florida. The Summons and Complaint were served on the City on October 27, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on October 31, 2011. 5. The Northern Trust Company vs. City of Miami Beach. et al., Case No. 11-35913 CA 22 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1971 Bay Drive, Unit 3, Miami Beach, Florida. The Summons and Complaint were served on the City on November 2, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on November 3, 2011. 6. Bank of America, N.A. vs. Estate of Bessie Gruskoff, et al., Case No. 11-35910 CA 42 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 5601 Collins Avenue, Unit 425, Miami Beach, Florida. The Summons and Complaint were served on the City on November 3, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on November 8, 2011. 542 City Attorney's Report December 14, 2011 Page3 7. The Bank of New York Mellon vs. Robert W. Jeffrey, et al.. Case No. 11-26509 CAGE 11 (Circuit Court-1 ih Judicial Circuit in and for Broward County, Florida) This is an action to foreclose a mortgage on real property located at 5571 Thoroughbred Lane, Southwest Ranches, Florida. The Summons and Complaint were served on the City on November 3, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on November 3, 2011. 8. Wellls Far~o Bank. N.A. vs. Julio Robia. et al.. Case No. 11-35247 CA 25 (Circuit Court-11 h Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 5445 Collins Avenue, Unit 1434, Miami Beach, Florida. The Summons and Complaint were served on the City on November 3, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on November 8, 2011. 9. Mercantil Commercebank. N.A. vs. 1965 Calais Drive. LLC. et al.. Case No. 11- 36115 CA 22 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1965 Calais Drive, Miami Beach, Florida. The Summons and Complaint were served on the City on November 4, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on November 8, 2011. 10. Green Tree Servicing LLC vs. Hector 0. de Jesus. Sr.. et al.. Case No. 11- 36207 CA 42 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 8400 SW 133 Avenue Road, Unit 416, Miami, Florida. The Summons and Complaint were served on the City on November 7, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on November 8, 2011. 543 City Attorney's Report December 14, 2011 Page4 11. Steel Capital Steel, LLC vs. Jaimie A. Arkelian, et al., Case No. 11-36160 CA 42 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1250 West Avenue, Unit 14L, Miami Beach, Florida. The Summons and Complaint were served on the City on November 7, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on November 8, 2011. 12. Hewburn Slowe v. City of Miami Beach, Case No. 11-33071 CA 31 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) The City was served with this complaint on November 9, 2011 alleging that on August 6, 2010, the plaintiff, Hewburn Slowe, was punched and his left arm was twisted by undercover Officers Romero and Lozano at 8th Street and Euclid Avenue as he was observed checking out satellite dishes in the area. He alleges that he had prior surgery to his left shoulder and was on Vicodin. When the Vicodin wore off two days after he was assaulted by the officers, he developed pain to his left shoulder and responded to University of Miami Hospital (Cedars) where he was treated and diagnosed with left shoulder strain. Internal Affairs investigated his claim and found it to be unsubstantiated. The plaintiff is representing himself in the lawsuit. We shall file an answer to the plaintiff's complaint and propound discovery. 13. Beach Towing Services, Inc., v The City of Miami Beach Case No. 11-27264 CA31, (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) The City was served with this complaint on November 9, 2011, alleging that Ordinance 2008-3617 adopted on October 7, 2008, codified at section 130-38 of the City Code, which amended the land development regulations to permit robotic and mechanical parking for required off-street parking in specified circumstances, was incorrectly adopted. The complaint alleges the ordinance required two advertised public hearings. The City Attorney's Office's and the Administration's reviews of the ordinance are that it was correctly adopted with one advertised public hearing, per section 118-164(3), City Code. We will vigorously defend the ordinance as adopted. 14. Evangelista Ferrer vs. C.V. L. Invest & Trade Corp., et al., Case No. 11-34607 CA 05 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 5445 Collins Avenue, Unit 1227, Miami Beach, Florida. The Summons and Complaint were served on the City on November 14, 2011. 544 City Attorney's Report December 14, 2011 Page5 The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on November 15, 2011. 15. Maria Alfaro, individually and as personal representative of The Estate of Rodrigo Cestti v, City of Miami Beach, Case No. 08-38125 CA 31 (Circuit Court-11tfi Judicial Circuit in and for Miami-Dade County, Florida) The City was served with this complaint on November 18, 2011 alleging that on June 30, 2010, the decedent, Rodrigo Cestti, was riding in a car that was pulled over by Miami Beach police. He was taken out of the vehicle and handcuffed for alleged drug possession/trafficking. Upon being pulled out of the vehicle, Mr. Cestti informed the police officers that he had swallowed a large amount of cocaine and was extremely ill. He thereafter fell to the ground and began vomiting causing the occupants of the car in which Mr. Cestti was riding to also plead with the officers to help Cestti. The complaint alleges that the police officers ignored the plea for help and wasted time in procuring medical attention for Mr. Cestti. Eventually fire rescue responded and transported to Mount Sinai where he was pronounced dead. The complaint is alleging that the delay in procuring medical attention for Mr. Cestti caused or substantially contributed to his death. The plaintiff is suing for damages including pain and suffering, loss of net accumulations, medical and/or funeral expenses. We shall initially file a motion to dismiss for among other reasons, a lack of capacity to sue as the plaintiff's complaint alleges that Maria Alfaro is yet to be appointed as the personal representation of Mr. Cestti's estate. Eventually, we shall file our answer to the amended complaint and propound discovery to the plaintiff. 16. Aurora Loan Services. LLC vs. Manuel Gomez, et al., Case No. 08-40606 CA 05 (Circuit Court-11 tfi Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 8034 SW 119 Place, Miami, Florida. The Summons and Complaint were served on the City on November 22, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on November 23, 2011. 17. Amelia Clay v. City of Miami Beach, Case No. 11-38218 CA 30 (Circuit Court- 11th Judicial Court in and for Miami-Dade County, Florida) The City was served with this complaint on November 23, 2011 alleging that on September 24, 2010, the plaintiff, Amelia Clay, was driving with a friend to her vehicle parked at a salon between 12th and 13th Street on Alton Road in Miami 545 City Attorney's Report December 14, 2011 Page6 Beach. After entering the parking lot of Chez Badeaux salon, she was surrounded by three to four MBPD officers and was ordered to perform field sobriety tests and exercises by one of the officers, which she passed without a problem. It was alleged that the results of these tests were not recorded. She was then handcuffed, placed in a van and a breathalyzer test was administered, which revealed a result of .000%. She was then handcuffed, transported to the MBPD station where a drug evaluation test was conducted and a urine sample obtained, which came back negative. She was arrested for DUI. The DUI charges were subsequently dropped. She is suing the City for false arrest and false imprisonment. We shall file our answer to the complaint and propound discovery. 18. Deutsche Bank National Trust Companv vs. Armadou H. Diallo, et al., Case No. 11-38137 CA 21 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 3425 Collins Avenue, Unit 403, Miami Beach, Florida. The Summons and Complaint were served on the City on November 23, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes will be timely filed. 19. PNC Bank, N.A. vs. Jesus H. Viera, et al., Case No. 11-38252 CA 30 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 4201 Indian Creek Drive, Unit 3, Miami Beach, Florida. The Summons and Complaint were served on the City on November 23, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes will be timely filed. 20. PNC Bank, N.A. vs. Luis C. Padilla, et al., Case No. 11-38249 CA 02 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1801 S. Treasure Drive, Unit 506, Miami Beach, Florida. The Summons and Complaint were served on the City on November 28, 2011. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes will be timely filed. JS:Ir 546