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 Me rs of the City Commission
FROM: Jose Smith, City ~
DATE: February 8, 2012
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
1. Rosa Flynn vs. City of Miami Beach, et al., Case No. 11-42830 CA 11 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to quiet title on real property located at 1150 71 Street, Miami
Beach, Florida. The Summons and Complaint were served on the City on
January 5, 2012.
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 January 11, 2012.
2. Shawn Ransom v. City of Miami Beach, Case No. 12 -00356 CA 02 (Circuit
Court -11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on January 9, 2012 alleging that on June
6, 2010, the plaintiff, Shawn Ransom, tripped and as a result of a backed-up
stormed drain on the incline in the parking lot adjoining the Jackie Gleason
Theater at 1700 Washington Avenue, Miami Beach, Florida. The plaintiff is
alleging fracture to the fifth metatarsal of his left foot. We shall file our answer
and propound discovery to the plaintiff.
3. Bank of America, N.A. vs. Robert J. Vitale, Jr. et al., Case No. 11-43003 CA
23(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose mortgage on real property located at 503 75th
Street, Unit 6, Miami Beach, Florida. The Summons and Complaint were served
on the City on January 9, 2012.
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 January 12, 2012.
Agenda Item BID ,q_
585 Date 2-8-12-
City Attorney's Report
February 8, 2012
Page2
4. Jonathan Raineau v. Mynt Holding Company and City of Miami Beach, Case No.
10-47884 CA 21 (Circuit Court -11th Judicial Circuit in and for Miami Dade
County).
The City was served with this complaint on January 10, 2012 alleging that on
May 9, 2010, the plaintiff, Jonathan Raineau, while lawfully at the premises of co-
defendant Mynt Ultra Lounge, was accused of grand theft for failure to settle a
bar tab of $613.29 and was falsely arrested and detained by City of Miami Beach
Police Officers without probable cause. The information indicates that the plaintiff
prevailed in the underlying crime charge of grand theft. We shall file our answer
to the complaint and propound discovery to the plaintiff.
5. William Lee v. City of Miami Beach, USA Track and Field, US Road Sports and
Entertainment of Florida LLC f/kla PR Racing Miami LLC and lNG North America
Insurance Corporation, Case No. 11-43145 CA 08 (Circuit Court-11th Judicial
Circuit in and for Miami Dade County).
The City was served with this complaint on January 11, 2012 alleging that on
January 26, 2008, the plaintiff, William Lee, was an authorized volunteer at the
lNG MIAMI MARATHON and as such was a business invitee of the defendants.
On the date of the Marathon, the plaintiff tripped and fell on a cracked, broken
and unleveled public sidewalk located at 150 Alton Road, Miami Beach, Florida
33139 and sustained bodily injuries and aggravated an existing disease or
physical defect. We shall seek indemnification and representation from the
insurance carriers of the co-defendants' marathon organizers.
6. Miriam Rodriguez v. FOOT and City of Miami Beach, Case No. 11-26736 CA 21
(Circuit Court-11th Judicial Circuit in and for Miami Dade County).
The City was served with this amended complaint on January 11, 2012 alleging
that on June 11 , 2008, the plaintiff, Miriam Rodriguez, sustained injuries to her
cervical, thoracic and lumbar spine, as well as injuries to her right knee and other
bodily injuries, including bruising and abrasions as a result of a trip and fall on a
sidewalk located in the vicinity of Abbott Avenue and 71st Street in Miami Beach,
Florida. The plaintiff is alleging that both defendants are responsible for
maintaining the sidewalk where the plaintiff allegedly fell. The plaintiff's medical
records and fire rescue report, however, indicate that the plaintiff fell in the
middle of the roadway, which is FOOT responsibility and not the City's as the City
is only responsible for maintaining the sidewalk pursuant to an agreement with
FOOT. We shall file our answer to the complaint and propound discovery to the
plaintiff.
7. Isaac Raiiman and Milton Raiiman as trustees of the Raiiman Realty Inc. Profit
Sharing Plan vs. F & S Ventures. Inc. et al., Case No. 12-958 CA 09 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose mortgage on real property located at 6345 Collins
Avenue, Unit 432, Miami Beach, Florida. The Summons and Complaint were
586
City Attorney's Report
February 8, 2012
Page3
served on the City on January 12, 2012.
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 January 19 2012.
8. Isaac Raijman and Milton Raijman as trustees of the RaHman Realty Inc. Profit
Sharing Plan vs. Servicentro Garcia, Inc. et al., Case No. 12-968 CA 58 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose mortgage on real property located at 6345 Collins
Avenue, Unit TH-16, Miami Beach, Florida. The Summons and Complaint were
served on the City on January 12, 2012.
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 January 19, 2012.
9. Sanctuary South Beach Condominium Association. Inc. vs. Conodinvest. LLC, et
al., Case No. 12-0857 CA 11 (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 1745 James Avenue, Unit 201, and Miami Beach, Florida. The
Summons and Complaint were served on the City on January 12, 2012.
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 January 19, 2012.
10.Roby LLC vs. M & J Apts .. Inc., et al., Case No. 12-00122 CA 30 (Circuit Court-
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to quiet title on real property located at 401 80th Street, Unit 1,
Miami Beach, Florida. The Summons and Complaint were served on the City on
January 17, 2012.
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 January 19, 2012.
11.Joycia Apartments Association, Inc. vs. Katherine Taboada, et al., Case No. 12-
01396 CA 27 (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 2250 Bay Drive, Unit 6, Miami Beach, Florida. The Summons and
Complaint were served on the City on January 17, 2012.
587
City Attorney's Report
February 8, 2012
Page4
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 January 19, 2012.
12.Wells Fargo Bank. N.A. vs. Marc Lessem. et al., Case No. 11-01348 CA 59
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose mortgage on real property located at 2925 Indian
Creek Drive, Unit 326, Miami Beach, Florida. The Summons and Complaint were
served on the City on January 18, 2012.
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 January 25, 2012.
13. Nuri Dorra v. City of Miami Beach, Case No. 12-CV-20178-MORENO/BROWN in
the United States District Court Southern District of Florida
This is a Federal lawsuit brought by a manager and owner of Roosevelt Park,
LLC, which formerly owned a property located at 1611 Meridian Avenue. The
property had numerous code violations and the cases have been heard by the
Special Master and some of the fines were mitigated. The Plaintiff brings this
suit under the Americans with Disabilities Act alleging discrimination due to
disability. The City will be responding to the suit.
14. The Bank of New York Mellon vs. Michael Kadosh, et al., Case No. 12-00972 CA
25 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose mortgage on real property located at 2034 Fisher
Island Drive, Unit 2034, Miami, Florida. The Summons and Complaint were
served on the City on January 20, 2012.
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 January 25, 2012.
15.Bank of America. N.A. vs. Carla Mueller, et al., Case No. 12-00353 CA 21
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose mortgage on real property located at 224 Meridian
Avenue, Unit 2, Miami Beach, Florida. The Summons and Complaint were
served on the City on January 20, 2012.
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 January 25, 2012.
588
City Attorney's Report
February 8, 2012
PageS
16.Bank of America, N.A. vs. William Gagnon, et al., Case No. 12-01895 CA 15
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose mortgage on real property located at 4000 Collins
Avenue, Unit 321, Miami Beach, Florida. The Summons and Complaint were
served on the City on January 23, 2012.
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 January 25, 2012.
17.Bank of America, N.A. vs. Jose Rodriguez, et al., Case No. 12-02082 CA 25
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose mortgage on real property located at 7660 SW 82
Street, Miami, Florida. The Summons and Complaint were served on the City on
January 23, 2012.
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 January 25, 2012.
JS/Ir/mem
589
THIS PAGE INTENTIONALLY LEFT BLANK
590