R10A-City Attorney�s Status Reportlrl MIAMI BEACH ""=""
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Memb~rs of the City Commission
FROM: Jose Smith, City Art2t n . .vtf·./ _ /~v
May 8, 2013 ,, /.
~-··. / t
DATE:
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. JPMorgan Chase Bank, National Association vs. Asset Preservation Trust Services, et
£L Case No. 13-10661 CA 24 (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 1750 Bay Drive, Miami
Beach, Florida. The Summons and Verified Complaint were served on the City on April
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 April 2, 2013.
2. Jose Pagan v. City of Miami Beach and James Nolan, Case No. 13-10713 CA 31
(Circuit Court-11lh Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on April 2, 2013 alleging that on April 18, 2009,
the plaintiff, Jose Pagan, was falsely arrested and intentionally struck by CMB Officer,
James Nolan, at Ninth Street and Washington Avenue, in Miami Beach. Plaintiff is
alleging damages for bodily injury, pain and suffering and mental anguish. We shall
answer the complaint, propound discovery and file a motion to dismiss.
3. Aaron Lucas v. City of Miami Beach, Case No. 13-05587 CA 24(Circuit Court -11th
Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on April 4, 2013 alleging that on September 6,
2009, the Plaintiff, Aaron Lucas, was walking in the vicinity of 5th Street and Jefferson
Avenue in Miami Beach, when he was suddenly and unexpectedly shot in the arm with a
taser gun and punched by City of Miami Beach Police Officers, placed in the back of a
Police Van for approximately three hours by said officers before transportation to the
Miami Beach Police Station. During that three hour period, he allegedly was forced to
endure additional physical and mental abuse at the hands of the police officers. He is
alleging use of excessive force and false arrest and failure to provide medical care and
treatment. He is alleging damages of bodily injury, pain and suffering, mental anguish
and loss of enjoyment of life. We shall file our answer to the complaint and propound
discovery.
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City Attorney's Report
MayB, 2013
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4. Sun trust Mortgage, Inc. vs. Cristian Moreno. et al., Case No. 13-10717 CA 23 (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 3-C, Miami Beach, Florida. The Summons and Verified Complaint were served on
the City on April 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 was filed on April 15, 2013.
5. JPMorgan Chase Bank, National Association vs. Kevin J. Smith, et al., Case No. 13-
9400 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 1100 West Avenue,
Unit 923, Miami Beach, Florida. The Summons and Verified Complaint were served on
the City on April 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 was filed on April 15, 2013.
6. JPMorgan Chase Bank. National Association vs. The Pavillion Condominium
Association. et al., Case No. 13-11967 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 5601 Collins Avenue,
Unit 1220, Miami Beach, Florida. The Summons and Verified Complaint were served on
the City on April 9, 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 April17, 2013.
7. Harold Kramer v. City of Miami Beach and FOOT, Case No. 13-12932 CA 08
(Circuit Court-11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on April 11, 2013 alleging that on May 27, 2009,
the Plaintiff, Harold Kramer, tripped and fell on the sidewalk of the 2800 Block of Collins
Avenue, Miami Beach, FL due to the negligent maintenance of the sidewalk at that
location. The plaintiff is alleging injury, mental pain and suffering and loss of income. The
Plaintiff is suing both the City and FOOT. We shall file our answer to the complaint and
propound discovery to the plaintiff. In the event that discovery reveals that the location of
Plaintiff's fall is owned and maintained by FDOT and not the City, we shall file a motion
to dismiss on the grounds that the location is not owned or maintained by the City and
consequently, the City is not liable and owes no duty of care to the plaintiff.
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City Attorney's Report
May 8, 2013
Page3
8. Seattle Bank vs. Aristides A. Rodriguez, et al., Case No. 13-11863 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 912 W. 39 Place,
Hialeah, Florida. The Summons and Verified Complaint were served on the City on April
15,2013.
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 17, 2013.
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