R10A-City Attorney�s Status ReportlD MIAMI BEACH -=-
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
1. Sanctuary South Beach Condominium Association. Inc. vs. Jacob Sopher. et al., Case
No. 11-18584 CC 25 (County Court-11th Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a condominium assessment lien on real property located at
1745 James Avenue, Unit 208, Miami Beach, Florida. The Summons and Complaint
were served on the City on November 30, 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 December 16, 2011.
2. The Pavilion Condominium Association of Miami Beach, Inc. vs. Mireya Glavez et al.,
Case No. 11-39153 CA 22 (Circuit Court -11th Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a condominium assessment lien on real property located at
5601 Collins Avenue, Unit 1208, Miami Beach, Florida. The Summons and Complaint
were served on the City on November 30, 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 December 16, 2011.
3. Sanctuary South Beach Condominium Association. Inc. vs. William H. Demps, et al..
Case No. 11-17328 CC 05 (County Court-11th Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a condominium assessment lien on real property located at
1745 James Avenue, Unit 209, Miami Beach, Florida. The Summons and Complaint
were served on the City on November 30, 2011.
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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 December 16, 2011.
4. Sanctuary South Beach Condominium Association. Inc. vs. James Omotosho, et al.,
Case No. 11-08278 CC 26 (County Court-11th Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a condominium assessment lien on real property located at
1745 James Avenue, Unit 112, Miami Beach, Florida. The Summons and Complaint
were served on the City on November 30, 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 December 16, 2011.
5. The Pavilion Condominium Association of Miami Beach, Inc. vs. Robert Rosell. et al.,
Case No. 11-39917 CA 32 (Circuit Court-11th Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a condominium assessment lien on real property located at
5601 Collins Avenue, Unit 1516, Miami Beach, Florida. The Summons and Complaint
were served on the City on December 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 December 16, 2011.
6. The Pavilion Condominium Association of Miami Beach, Inc. vs. Arquimides Castro. et
.§L Case No. 11-18275 CC 05 (County Court-11th Judicial Circuit in and for Miami-
Dade County, Florida)
This is an action to foreclose a condominium assessment lien on real property located at
5601 Collins Avenue, Unit 618, Miami Beach, Florida. The Summons and Complaint
were served on the City on December 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 December 16, 2011.
7. The Pavilion Condominium Association of Miami Beach, Inc. vs. Roberto F. Gonzalez. et
.§L Case No. 11-18276 CC 05 (County Court-11th Judicial Circuit in and for Miami-
Dade County, Florida)
This is an action to foreclose a condominium assessment lien on real property located at
5601 Collins Avenue, Unit 1724, Miami Beach, Florida. The Summons and Complaint
were served on the City on December 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 December 16, 2011.
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City Attorney's Report
January 3, 2012
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8. Bank of America. N.A. vs. Felipe Herrera. et al., Case No. 11-40158 CA 42 (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose mortgage on real property located at 1500 Bay Road, Unit
11 04S, Miami Beach, Florida. The Summons and Complaint were served on the City on
December 5, 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 December 15, 2011.
9. Thamyris Cardelle; Raymond F. Chambers! Hanes F Harley; Andrew J. Kuncas;
John McCabe; James V. Muro; Jess M. Metzgar; Joseph Prevish; Michael Prvor;
Pedro Rodriguez; Bernie Ruder; Garfield Taylor; William Young; Eliseo R.
Zacarias v. Miami Beach Fraternal Order of Police William Nichols Lodge No. 8
and City of Miami Beach, Miami Dade County, FL Case No. 11-24273-CIV-
ZLOCH/ROSENBAUM (United States District Court for the Southern District of
Florida)
This is an age discrimination Complaint by 14 current or former police officers
against the City and their union, the FOP. The Plaintiffs claim that several
changes to the most recent collective bargaining agreement and other actions
violate the Age Discrimination in Employment Act and the Florida Civil Rights
Act. The Plaintiffs had filed charges with the EEOC which did not find any
evidence of discrimination. This suit in federal court will be vigorously defended
by the City which is in the process of filing a Motion to Dismiss.
10.Marilyn Serene v. City of Miami Beach, et al #11-39961 CA 31 (Circuit Court-11th
Judicial Circuit Court-11th Judicial Circuit in and for Miami-Dade County)
The City was served with this complaint on December 8, 2011 alleging that on
March 1, 2008, the plaintiff, Marilyn Serene, was an invitee of the Miami Beach
Convention Center attending the Graphics of the Americas Expo when she
sustained serious bodily injuries after she tripped and fell due to the existence of
an uneven floor surface which consisted of overlapping carpet that was
inadequately maintained. We have sent out a demand letter to the insurance
carrier for the center requesting representation and indemnification. We have
also requested a 30 day extension from January 8th 2012 to February 8th 2012 to
respond to the complaint pending answers to our demand from the insurance
carrier.
11. Eliseo La Bruno v. City of Miami Beach, and Jose Reina, Case No.11-39972
CA09 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is a state court lawsuit by an individual against the City and one of its police
officers for state claims, including use of excessive force and battery, and federal
civil rights violations. The incident occurred in December 2007 in which the
Plaintiff had a dispute with a taxi driver. The Plaintiff fled and eventually was
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City Attorney's Report
January 3, 2012
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shot by the police officer. The Plaintiff plead guilty to one of the criminal charges
against him. This case will be removed to federal court from state court. The
City is in the process of responding to the Complaint.
12. Fabrio Gravaghi. First on Lincoln 102 Corp .. Giammy & Chiara. LLC First on
Lincoln 106 Corp. Federico Olivieri. and First on Lincoln Condo Association. Inc.
v. City of Miami Beach, Case Nos. JC1100708-1100711; JC11000737-1100742
and JC11 0007 44 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County,
Florida)
The Petition for Writ of Certiorari involves a decision of the City of Miami Beach's
Special Master finding that Fabio Gravaghi, First on Lincoln 102 Corporation, et.
al. (the "Petitioners") violated the terms of the City of Miami Beach's Land
Development Regulations by leasing residential units in the condominium
building that is located at 1619 Lennox Avenue. The Petitioners have alleged
that their due process rights have been materially violated by the Special
Master changing his decision from the oral ruling announced at the Hearing
without conducting additional quasi-judicial proceedings. The City Attorney's
Office is reviewing the legal merits of the Petition for Writ of Certiorari.
13. Aurora Bank FSB vs. Alison D. Brungart. et al.. Case No. 11-41083 CA 42 (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose mortgage on real property located at 710 Washington
Avenue, Unit 310, Miami Beach, Florida. The Summons and Complaint were served on
the City on December 14, 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.
14. M. Vila & Associates. Inc. v. City of Miami Beach Case No. 11-42534 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This suit was recently served on the City, along with multiple discovery
documents. Plaintiff was a contractor which was terminated by the City for the
project known as the City Center Right of Way Infrastructure Improvement
Project #9A due to non-performance issues.
15. Tower Group. Inc. v. City of Miami Beach Case No. 11-41518 (Circuit Court -11th
Judicial Circuit in and for Miami-Dade County, Florida)
This suit was recently served on the City, along with multiple discovery
documents. Plaintiff was the general contractor for City's multi-purpose
municipal parking garage. The City has not paid the contractor the retainage due
to defects and other outstanding items. A motion to dismiss will be filed shortly
due to defective service on the City.
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