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 Bo~~
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er} of the City Commission
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FROM: Jose Smith, City Att
DATE: April17, 2013
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. John Guarino v. Lanzo Construction Company. 125 SE 5th Court, Deerfield Beach, FL
33441-47449 & City of Miami Beach Case No. 13-03253 SP 25 (County Court for
Miami-Dade County, Florida)
This is a small claims matter, involving minor damage to a vehicle operated by John
Guarino (the "Plaintiff'). The Plaintiff has identified the City of Miami Beach, and the
City's contractor, Lanzo Construction Company, which is responsible for this
matter. The Plaintiff alleged that the condition of the roadway damaged his vehicle. The
allegations against the City of Miami Beach are without merit, and the City Attorney's
Office anticipates that Lanzo Construction Company will indemnify, hold harmless and
assert a defense on behalf of the City of Miami Beach.
2. Dexi Marvez vs. Michael Stern. et al., Case No. 13-5708 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 1015 19th Street,
Unit 3, Miami Beach, Florida. The Summons and Complaint were served on the City on
February 27, 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 was filed on March 5, 2013.
3. U.S. Bank National Association vs. Jorge Rodriguez, et al., Case No. 12-8179 CA 15
(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 865 80th Street,
Miami Beach, Florida. The Summons and Amended Complaint were served on the City
on February 28, 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 was filed on March 8, 2013.
Agenda Item ~ l D A
Date Y-1?-f3
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4. U.S. Bank National Association vs. Richard Schaffer, et aL, Case No. 13-6890 CA 06
(Circuit Court-11 10 Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1751 Washington
Avenue, Unit 4G, Miami Beach, Florida. The Summons and Complaint were served on
the City on March 1, 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 was filed on March 6, 2013.
5. Marlenis Smart v. City of Miami Beach, a political subdivision Civil Action No. 13-20699-
CIV-WILLIAMS/TURNOFFCV-24233-Martinez/McAiiley (United States District Court for
the Southern District of Florida)
Plaintiff, who had previously obtained a large verdict from a jury against the City for
sexual harassment (the jury voted in the City's favor on her retaliation claim) in federal
court, again sued the City for retaliation she has allegedly suffered since and because of
the jury award against the City. The court that oversaw the original trial where the
verdict was obtained, granted the City's motion as a matter of law and dismissed the
case based upon lack of evidence and overwhelming evidence of Plaintiff's jury
tampering. The City will vigorously defend this new case.
6. Gosundi Wusiya aka James A. Johnson v. City of Miami Beach, Miami-Dade County,
Eleventh Judicial Circuit of Florida, Public Defender for the Eleventh Judicial Circuit of
Florida, Miami-Dade Office of the State Attorney, et al Civil Action No. 12-CV-24233-
Martinez/McAiiley (United States District Court for the Southern District of Florida)
Plaintiff, pro se, has sued virtually every person and agency that came into contact with
him during his arrest and guilty plea to charges of battery on a law enforcement officer,
resisting with violence, and depriving an officer of his safety equipment. There is no
merit whatever to the claim as it relates to the City; but the City will vigorously defend the
suit.
7. Onewest Bank, F.S.B. vs. Iris Morales, et al.. Case No. 13-5067 CA 27 (Circuit Court-
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action for Declaratory Judgment in connection with the real property located at
630 84th Street, Unit 27, Miami Beach, Florida. The Summons and Complaint for
Declaration Judgment was served on the City on March 1, 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 was filed on March 6, 2013.
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8. U.S. Bank National Association vs. Jose Rodriguez Zaletty, et aL, Case No. 13-7027 CA
05 (Circuit Court-11 111 Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 19572 NE 15 Court,
North Miami Beach, Florida. The Summons and Complaint were served on the City on
March 5, 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 was filed on March 7, 2013.
9. U.S. Bank National Associ · tricia Serial-Biondi et aL Case No. 13-7636 CA
27 (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 2131 Calais Drive,
Unit 9 Miami Beach, Florida. The Summons and Complaint were served on the City on
March 5, 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 was filed on March 11, 2013.
10. U.S. Bank National Association vs. The Unknown H · rantees etc. Luz
Marina Lang, et al., Case No. 13-7709 CA 04 (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 685 NW 103 Ct.,
Unit 4, Miami, Florida. The Summons and Verified Complaint were served on the City on
March 5, 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 was filed on March 11, 2013.
11. JPMor an Chase Bank Nationa ilion Condominium Association
et al., Case No. 13-7855 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 5601 Collins Avenue,
Unit 1208, Miami Beach, Florida. The Summons and Verified Complaint were served on
the City on March 6, 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 was filed on March 11, 2013.
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12. JPMor an Chase Bank Na · tion vs. Alama R Castellanos et a!. Case No.
13-7783 CA 02 (Circuit Court -11
Florida)
Judicial Circuit in and for Miami-Dade County,
This is an action to foreclose a mortgage on real property located 7 400 Harding Avenue,
Unit 2, Miami Beach, Florida. The Summons and Verified Complaint were served on the
City on March 6, 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 was filed on March 8, 2013.
13. The Bank of New York Mellon vs. Vilma C. Barrientos, et aL, Case No. 13-8063 CA 10
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 9151 SW 1818
Terrace, Miami, Florida. The Summons and Complaint were served on the City on
March 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 was filed on March 14, 2013.
14. Bank of America N.A. vs. Daniel Coseano, et al., Case No. 13-0608 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 1250 West Avenue,
Unit 9-J, Miami Beach, Florida. The Summons and Verified Complaint were served on
the City on March 6, 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 was filed on March 14, 2013.
15. JPMor an Chase ociation vs. Ma Oses et al. Case No. 13-6831
CA 13 (Circuit Court -11 Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 2899 Collins Avenue,
Unit 1637, Miami Beach, Florida. The Summons and Verified Complaint were served on
the City on March 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 was filed on March 14, 2013. (2572)
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16. Donna Jane Watts v. Collier County Sheriff Office, et al Civil Action No. 9-12 CV-81406-
DMM (United States District Court for the Southern District of Florida)
Plaintiff, a female Florida Highway Patrol officer, pulled over a Miami police department
officer for speeding. Scores of officers pulled up Plaintiff's protected driver's license data
on the DAVID drivers' license database for no lawful purpose. One MBPD officer did so,
subjecting the City and the officer to a minimum liquidated damage award of $2,500 plus
attorneys' fees. The City has taken action to limit the City's exposure to attorneys' fees
by serving a Fed. R. Civ. P. 68 Offer of Judgment, and by filing a Rule 11 motion for
some frivolous allegations in the complaint.
17. Washington Park Condominium Association. Inc. vs. Richard M. Schaffer, et al., Case
No. 13-8089 CA 27 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a condominium lien on real property located 1751
Washington Avenue, Unit 4G, Miami Beach, Florida. The Summons and Complaint were
served on the City on March 8, 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 was filed on March 14, 2013.
18. HSBC Bank USA Na · Association vs. Victor Miranda et aL Case No. 13-8362 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 826-836 84th Street,
Unit 4, Miami Beach, Florida. The Summons and Verified Complaint were served on the
City on March 11, 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 was filed on March 14, 2013.
19. Ocean Bank vs. Juliette Clark, et al.. Case No. 13-8882 CA 06 (Circuit Court -11th
Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to re-foreclose a mortgage on real property located 1200 Euclid
Avenue, Unit 203, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on March 12, 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 was filed on March 14, 2013.
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20. Deutsche Bank Na ' t Com an vs. Oscar R Sanche et aL Case No. 13-9373
CA 02 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 675 84th Street, Miami
Beach, Florida. The Summons and Verified Complaint were served on the City on March
18, 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 was filed on March 20, 2013.
21. Bank of America. N.A. vs. Juan Carlos Garcia. et al., Case No. 09-78966 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 5580 W 21 Ct., Unit
108, Miami Beach, Florida. The Summons and Amended Verified Complaint were
served on the City on March 18, 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 was filed on March 20, 2013.
22. Ocean Bank vs. JADPEC Corporation. et al., Case No. 11-17045 CA 06 (Circuit Court-
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 1700 NW N River
Drive, Unit 901, Miami, Florida. The Summons and Amended Verified Complaint were
served on the City on March 18, 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 was filed on March 20, 2013. (2579)
23. Carlos E. Noriega, Alejandro Bello. George M. Lerra. and Charles Press. on behalf of
themselves and all other similar! situated v. The Cit ns
Eastern Company, Inc .. Case No. 13-07481 (Circuit Court of the 17 Judicial Circuit in
and for Broward County, Florida)
The suit is against the City of Miami Beach and its Worker's Compensation Service
Agent Johns Eastern Company, and alleges that both parties engaged in an illegal
"scheme to defraud" the officers by depriving them of "worker's compensation benefits."
They charge the City with a "pattern of racketeering" and "conspiracy" to violate their
rights.
Simply put, this lawsuit is a farce. It is patently frivolous, offensive, scandalous and just
plain wrong.
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Never in the history of the Workers Compensation Law has such an ill-advised action
been permitted by any court in this State. Florida Statute 440.11 clearly mandates that
all claims for benefits must be made solely thought the workers compensation system
and not in a class action suit in circuit court. The statute states that liability if any, under
the workers compensation law " ... shall be exclusive and in place of all other liability .... "
The failure to pay workers compensation benefits, even if true, can never give rise to a
tort or statutory liability in circuit court. The sole remedy is to file a Petition for Benefits
before a Workers Compensation Judge.
It is important to note also that the lawsuit is without merit for several other reasons. At
the appropriate time the city and Johns Eastern will seek significant sanctions against
the police officers involved and their attorneys.
A copy of the lawsuit, along with a demand for indemnification, has been sent to Johns
Eastern, the City's Service Agent which manages our claims and is contractually bound
to provide a legal defense and hold us harmless.
24. Dr. Leonard M. Hochstein v. City of Miami Beach, Case No.: 13-10611 CA 31 (Circuit
Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida)
The Complaint challenges the constitutionality of City Code section 118-591, which
allows organizations "whose purpose is to promote the preservation of historic sites" to
file an application for the City to designate a property historic, claiming that the Miami
Design Preservation League's application to do so at 42 Star Island Drive is illegal, and
because it allegedly affects Dr. Hochstein's ability to obtain a building permit, effects a
taking, and justifies damages under 42 USC section 1983. The City Attorney's Office
believes the lawsuit is without merit, and will vigorously defend against it.
25. PennyMac vs. Anthony Parks, et al., Case No. 13-10561 CA 04 (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 2321 N. Bay Road,
Miami Beach, Florida. The Summons and Verified Complaint were served on the City on
March 27, 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 was filed on April 1, 2013.
26. JPMor an Chase Bank National Associa I House et aL
Case No. 13-40563 CA 58 (Circuit Court -11 Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a mortgage on real property located 5255 Collins Avenue,
Unit 5G, Miami Beach, Florida. The Summons and Verified Complaint were served on
the City on March 27, 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 was filed on April 1, 2013.
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27. A.RT. D all South Inc. v. mi Beach Redevelo ment
Agency Case No. 13-10726 CA 04 (Circuit Court-11 Judicial Circuit in and for Miami-
Dade County, Florida)
This is lawsuit which was recently served on the City by A.R.T. Drywall South, who was
a subcontractor who performed work on a retail space leased by the City located at 1661
Pennsylvania Avenue. Plaintiff alleges that it remains unpaid for work performed in the
amount of $52,740.00 and alleges that the City and RDA, as owners of the property, are
jointly and severally liable, along with the lessee, Penn 17, LLC for payment to ART.
The City will be filing a motion to dismiss.
JS/SHR/Ir/mmd
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