R10A-City Attorney�s Status ReportMIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and Members of the City Commission
Jose Smith, City Af'~~~rY")' ft~
DATE: July 17 2013 '--(j!./'7( , ~
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
1. Alice Politou v. City of Miami Beach and M. Vila & Associates Case No. 13-
017389 CA 01 (Circuit Court -11 1h Judicial Circuit in and for Miami Dade
County).
The City was served with this complaint on May 24, 2013 alleging that on
February 2, 2012, the plaintiff, Alice Politou, was walking east on the northeast
corner of Lincoln Road and the intersection of Washington Avenue when she
tripped allegedly over a protruding floor light fixture and suffered a broken left
hip. We will file our answer to the complaint, propound discovery and put M.
Vila's insurance carrier on notice requesting indemnification due to the fact that
the light fixture was installed by Co-Defendant, M. Vila, while they were under
contract with the City. The City is an additional named insured under their
insurance policy.
2. Bryce Gomez v. Eric Pagan. Individually and City of Miami Beach, Case No. 13-
21811-KING in the United States District Court for the Southern District of Florida
Plaintiff alleged that he was unlawfully arrested by Officer Pagan, who used
excessive force against him. The City has filed a motion to dismiss the complaint
and has served a motion for sanctions. The sanctions motion is based upon
Plaintiff's guilty plea to the charge of resisting arrest without violence. Under
these circumstances, Plaintiff's claim is barred. The City Attorney's Office will
continue to vigorously defend the City until final resolution of the case.
3. Garrett Wolfe v. Cameo Theatre LLC d/b/a Cameo Miami and City of Miami
Beach, Case# 13-03569 CA 05 (Circuit Court-11th Judicial Circuit in and for
Miami Dade County).
The City was served with this complaint on May 28, 2013 alleging that on May
22, 2011, the plaintiff, Garrett Wolfe, was allegedly falsely arrested and battered
by MBPD officers Grant Reid and Leon Azicri at the establishment of co-
defendant, Cameo Theatre, at 609 Lincoln Road, Miami Beach, for failure to pay
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a bar tab. We will file an answer to the complaint and propound discovery to the
plaintiff.
4. lnteramerican Bank. F.S.B. vs. Vivian Calvar, et al., Case No. 13-18364 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 3025 Indian
Creek Drive, Unit 210, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on June 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 June 6, 2013.
5. JPMorgan Chase Bank. National Association vs. Osiris Garicia, et al., Case No.
13-19636 CA 32 (Circuit Court -11th Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a mortgage on real property located 7820
Hawthorne Avenue, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on June 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 June 12, 2013.
6. Chakra 5, Inc. 1501 Ocean Drive, LLC and Haim Turgman v. CMB. Jose Alberto,
Henry Bryant, Chai Footman. Willie Grant, Orlando Gonzalez, Ramon Vasallo.
Vicente Santiesteban Case No. 13-17785 CA 2 (Circuit Court -11th Judicial
Circuit in and for Miami-Dade County, Florida)
The owner of Chakra 5 Lounge, which was the location of the FBI sting that
resulted in the termination, arrest, and conviction of City employees for soliciting
bribes in exchange for ignoring code violations, is the plaintiff in this case, along
with his related corporate entities. He alleges that the City had a policy of
accepting bribes and taking property without providing due process. The case
was filed in Miami-Dade Circuit Court, but we will remove it to federal court
because it contains a federal civil rights claim brought pursuant to 42 USCA
1983. The complaint also includes a state law claim of civil conspiracy. The City
will vigorously defend this lawsuit.
7. Paul Owen v. Cit~ of Miami Beach and FOOT, Case No. 13-017898 CA 01
(Circuit Court-11r Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on June 1 0, 2013 alleging that on
December 8, 2011, the plaintiff, Paul Owen, tripped and fell at the sidewalk on
71 st Street as a result of Plaintiff's foot getting caught on an uneven space
between the pavers (bricks) and the sidewalk, causing Plaintiff to trip, fall to the
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City Attorney's Report
July 17, 2013
Page3
ground, and suffer severe and permanent injuries. The plaintiff is suing both the
City and FOOT. The incident occurred on the north side of 71 51 street and is part
of the FOOT work project fixing the sidewalk at that location. According to Maria
Palacios of CIP, in an email to Cliff Leonard of 11-13-12, FOOT was working on
both sides of 71 51 Street with the City only working at the south. We shall file our
answer to the complaint, propound discovery and eventually file a motion for
summary judgment as FOOT was responsible for the construction project at the
location that led to plaintiff's fall.
8. Suntrust . vs. Xiomara Romero et at Case No. 13-18008 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 at 5401 Collins
Avenue, Unit 501, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on June 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 June 17, 2013.
9. JPMorgan Chase National Association vs. Valerijs Sizovs, et aL, Case No. 13-
12472 CA 11 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located 911 791h
Terrace, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on June 14, 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 June 20, 2013.
JS/SHR/RR/EB/Ir
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