R10A-City Attorney�s Status ReportMIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
TO:
FROM:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jose Smith, City A~~~sn~y·-2. . 1/h
DATE: January 16, 201't'( ~if
SUBJECT: City Attorney's s~-R~port
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Waterstone Capital, LLC vs. Margarita Z. Yuhico, et aL, Case No. 12-38530 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 8321 Crespi
Boulevard, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on November 27, 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 December 13, 2012.
2. U.S. Bank National Association vs. Marizol Lantigua, et al., Case No. 12-46438
CA 31 (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 419, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on December 6, 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 December 6, 2012.
3. Bank of America, N.A. vs. Evelyn Fernandez, et al.. Case No. 12~46879 CA 08
(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 5005 Collins
Avenue, Unit 1422, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on December 7, 2012.
The City's Motion to Dismiss was filed on December 13, 2012.
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City Attorney's Report
January 16, 2013
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4. Citibank, N.A. vs. Olga Reyes, et aL, Case No. 12-46959 CA 58 {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 1531
Stillwater Drive, Miami Beach, Florida. The Summons and Complaint were
served on the City on December 7, 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 December 13, 2012.
5. U.S. Bank National Association vs. Natalie L. Nichols, et al., Case No. 12-46959
CA 58 {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 1440 Lenox
Avenue, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on December 10, 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 December 13, 2012.
6. Magaly de Ia Cruz vs. City of Miami Beach, Case No. 12-47753 CA 32 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on December 12, 2012 alleging that on
July 4, 2011, the plaintiff, Magaly De Ia Cruz, stepped out of her fiances vehicle
onto the sidewalk at the intersection of 81st Street and Crespi Blvd., to check the
brake lights of his car when she stepped into an uncovered sewer hole in the
sidewalk, fell and sustained injuries. We shall file our response to the complaint
and propound discovery to the plaintiff
7. Deutsche Bank Trust Company vs. Alfred Behar, eta!., Case No. 07-35231 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 1440 Lenox
Avenue, Miami Beach, Florida. The Summons and Second Amended Verified
Complaint were served on the City on December 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 December 13, 2012.
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City Attorney's Report
January 16, 2013
Page3
8. U.S. Bank National Association vs. Unknown Spouse, Heirs, Devisees,
Grantees, Assignees, Lienors. Creditors, Trustees and all other parties claiming
an interest by through under or against the Estate of Barbara Kress, eta!., Case
No. 09-46438 CA 01 (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 419, Miami Beach, Florida. The Summons and Complaint were
served on the City on December 14, 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 December 20, 2012.
9. Bennie Sperling, as Trustee vs. Eastern Savings Bank. et al., Case No. 12-49253
CA 25 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose junior liens and quiet title on real property located at
2131 Calais Drive, Unit 2, Miami Beach, Florida. The Summons and Complaint
were served on the City on December 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 Hens, and resort taxes will be timely filed.
10. U.S. Bank National Association vs. Dyan Dahari and Zion Dahari, et al., Case
No. 12-48739 CA 24 (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 15051 Royal
Oak Lane, Unit 1506, North Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on December 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 will be timely filed.
11. U.S. Bank National Association vs. Luis Maseda. et aL, Case No. 12-47618 CA
40 (Circuit Court-11 1h Judicia! 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 401, Miami Beach, Florida. The Summons and Complaint were
served on the City on December 21, 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 will be timely filed.
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City Attorney's Report
January 16, 2013
Page4
12. Federal National Mortgage Association vs. Edwin Rodriguez, et al.1 Case No. 12·
47618 CA 40 {Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located at 401 69th
Street, Unit 903, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on December 24, 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 will be timely filed.
13.U.S. Bank National Association vs. Richard Miles, et al., Case No. 12-49753 CA
40 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1 036 Ocean
Drive, Unit 307, Miami Beach, Florida. The Summons and Complaint were
served on the City on December 28, 2012.
The City's Motion to Dismiss will be timely filed.
14. Bank of America, N.A. vs. Carlos A. Abrantes, et al..l Case No. 12-49874 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 1250 West
Avenue, Unit 2W, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on January 3, 2013.
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.
15.JPMorgan Chase Bank, N.A. vs. Sergio R. Benitez, et al., Case No. 12-48478
CA 40 (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 2925 Indian
Creek Drive, Unit 319, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on January 4, 2013.
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.
646
City Attorney's Report
January 16, 2013
Page5
16.Citimortga~e, Inc. vs. Rafael Morel, et al., Case No. 12-50089 CA 06 (Circuit
Court-11 Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 710
Washington Avenue, Unit 422. Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on January 7, 2013.
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.
17.Felipe Ernani and Andrea Ernani v. City of Miami Beach Officer David Socarras
Officer R. Martinez Mynt Holding Co. LLC d/b/a MYNT Loung Case No. 12-
24550-CIVCOOKE/TURNOFF (United States District Court Southern District)
This is a Complaint by a husband and wife for violation of civil rights and various
tort claims as a result of a confrontation with two Miami Beach off-duty pollee
officers, David Socarras and R. Martinez, on November 1, 2010, in front of Mynt
Lounge. The Complaint alleges that the officers beat the husband without cause
in front of his wife, failed to obtain timely medical attention for him, and falsely
accused him of crimes. The Complaint alleges that the City violated the civil
rights of the Plaintiffs by failing to supervise and discipline its police officers in
other cases which allowed the violations of Plaintiffs civil rights. It also alleges
that one of the officers (Socarras) had engaged in similar misconduct before
outside Mynt Lounge. The officers are also sued individually for civil rights
violations and various state tort claims including assault and battery. Mynt
Lounge is also being sued for negligence. The Complaint alleges that the
husband suffered a concussion, brain bleeding, and spinal injury as a result of
the actions of the police. The case is brought by Ramon Rasco, Esq. of
Podhurst Orsek, P.A.
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