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R10A-City Attorney�s Status ReportMIAMI BEACH City of Miami Beach, 1700 Corwention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission / FROM: Jose Smith, City Attorne / DATE: September 11, 2013 SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. Francisco DaSilva v. City of Miami Beach, Case No. 13-021557 CA 01(Circuit Court-11th Judicial Circuit in and for Miami-Dade County). The City was served with this complaint on July 28, 2013 alleging that on November 26, 2006, the plaintiff, Francisco Da Silva, was riding his scooter near the portion of roadway located at or near Alton Road and 2nd Street in Miami Beach when allegedly his scooter lost traction with the roadway due to loose gravel and rutted surface on the roadway allegedly causing him injuries. He is alleging that the City was negligent in its maintenance of the location. We shall file our answer and propound discovery to the plaintiff. 2. Bayview Loan Servicing, LLC vs. Line Martin, et al., Case No. 13-22070 CA 22 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida). This is an action to foreclose a mortgage on real property located 800 84th Street, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 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 was filed on July 10, 2013. 3. JPMorgan Chase Bank, National Association vs. Eduardo L. Gonzalez, et al., Case No. 13-20646 CA 13 (Circuit Court-11th Judicial Circuit in and for Miami- Dade County, Florida). This is an action to foreclose a mortgage on real property located 1530 Cleveland Road, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 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 was filed on July 10, 2013. 1161 Agenda Item R.l 0 A Date '&!t-1a City Attorney's Report September 11, 2013 Page2 4. Elizabeth Bernal and Alberto Bernal V. City of Miami Beach and FOOT, Case No. 13-10656 CA 10 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County). The City was served with this complaint on July 8, 2013 alleging that on March 27, 2009, the plaintiff, Elizabeth Bernal, was walking on the asphalt roadway located at or near James Avenue between 16th and 17'h Street in Miami Beach when she tripped and fell due to the unreasonable dangerous condition of the area and sustained injuries. The plaintiff is suing the City and two other co- defendants, Miami Dade County and FOOT. We shall file our answer to the complaint and propound discovery to the plaintiff. 5. JPMorgan Chase Bank. National Association vs. Jorge L. Rodriguez, et al.. Case No. 13-21814 CA 02 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida). This is an action to foreclose a mortgage on real property located 5007 SW 129 Court, Miami, Florida. The Summons and Verified Complaint were served on the City on July 9, 2013. The City's Motion for More Definite Statement was filed on July 10, 2013. 6. Rachel Vancelette v. Pare Place Development. LLC. Boulan South Beach Condominium Association. Inc .. Soares DaCosta Cs. LLC. City of Miami Beach. And FOOT Case# 13-019700 CA 01(Circuit Court-11th Judicial Circuit in and for Miami-Dade County). The City was served with this complaint on July 10, 2013 alleging that on December 2, 2012, the plaintiff, Rachel Vancelette, was walking along the crosswalk across Collins Avenue and 20th Street in Miami Beach, FL and upon reaching the west side of the street across the sidewalk and pedestrian ramp access and tripped and fell over an unmarked, improperly designed, improperly constructed and unpainted curb which was directly in the path of ingress and egress for pedestrians, resulting in serious permanent injury to the Plaintiff, Rachel Vancelette. We shall file our response to the complaint, propound discovery and determine who owns and maintains the location of plaintiff's fall and then file any relevant motions if necessary. 7. U.S. Bank National Association vs. Daniel O'Connor. et al.. Case No. 13-20509 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 1331 Bay Drive, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 15, 2013. 1162 City Attorney's Report September 11, 2013 Page3 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 July 22, 2013. 8. Wells Fargo Bank. N.A. vs. 401 Blu of North Beach Condominium. et al., Case No. 13-21211 CA 42 (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 401 691h Street, Unit 801, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 16, 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 July 22, 2013. 9. Green Tree Servicing LLC vs. Ana Correa. et al.. Case No. 13-23243 CA 30 (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 2690 W 76 Street, Unit 212, Hialeah, Florida. The Summons and Complaint were served on the City on July 16,2013. 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 July 22, 2013. 10.JPMorgan Chase Bank. National Association vs. Frank Cousins, et al.. Case No. 13-23279 CA 08 (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 2551 SE 16 Terrace, Homestead, Florida. The Summons and Complaint were served on the City on July 17, 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 July 23, 2013. 11.Bayview Loan Servicing, LLC vs. Carlos A. Garcia, et al., Case No. 13-23666 CA 13 (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 10850 NW 21 Street, No. 190, Miami, Florida. The Summons and Verified Commercial Complaint were served on the City on July 18, 2013. 1163 City Attorney's Report September 11, 2013 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 July 23, 2013. 12.JPMorgan Chase Bank, National Association vs. Lisa Gaylord, et al.. Case No. 13-23280 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 1732 Meridian Avenue, Unit 503, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 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 July 23, 2013. 13.2Charms 63 NOSE LLC v. City of Miami Beach, Kobi Karp Architecture & Interior Design, Inc. Case No. 13-024231 CA 01 (Circuit Court --11th Judicial Circuit of Florida in and for Miami-Dade County) This is a declaratory judgment action recently filed against the City and Kobi Karp Architecture for failure to issue a final certificate of occupancy where there is also a dispute as to the status of the architect of record and modifications to the project that may have been made without proper designs and approvals by the architect of record. The City has been given a lengthy extension to file its response, as the gravamen of the complaint is really a civil issue between the current owner of the property and the architect. 14. Nationstar Mortga~e LLC vs. Shaun Pereira, et al., Case No. 13-23085 CA 05 (Circuit Court-11t Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 900 6th Street, Unit 16, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 23, 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 August 1, 2013. 15. Nationstar Mortgage LLC vs. Oscar De La Rosa, et al.. Case No. 13-20285 CA 25 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 825 Fairway Drive, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 29, 2013. 1164 City Attorney's Report September 11, 2013 Page 5 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 August 5, 2013. 16. Deutsch Bank National Trust Company vs. Laura M. Duque Lemos. et al.. Case No. 13-20260 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 2899 Collins Avenue, PH-L, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on July 29, 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 August 5, 2013. 17. Luis A. Nazario. As Personal Representative Of The Estate Of Miriam Cabrera. Deceased. V. M. Vila & Associates Inc .. Metro Express, Inc .. and City of Miami Beach, Case No. 13-025280 CA 01 (Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on July 31, 2013 alleging that on June 11, 2012, the decedent, Miriam Cabrera, was the back seat passenger in a 1999 Harley Davidson Motorcycle being driven by Valentino Castro. The aforesaid motorcycle was proceeding eastbound on 19tli Street at or near James Avenue in Miami Beach, Miami Dade County, Florida. Then and there, aforesaid motorcycle came in contact with an exposed and raised manhole cover, causing the operator to lose control and decedent, Miriam Cabrera, to be ejected and crash onto the pavement resulting in her death. The Plaintiff is suing the City and the other co- defendants, who were contractors working at the location, for wrongful death. We shall file our answer and propound discovery to the Plaintiff. We shall also investigate and review the co-defendant's contractual and insurance obligations to the City and forward letters to the insurance carriers and the companies themselves requesting indemnification and representation. 18.Argelis Cordova v. FOOT. Miami Dade County and City of Miami Beach, Case No. 13-14611 CA 32 (Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on August 1, 2013 alleging that on October 27, 2009, the plaintiff, Argelis Cordova, tripped and fell while walking on the sidewalk at or near 3800 Collins Avenue in Miami Beach allegedly causing her to suffer severe injuries. The location of plaintiff's fall is owned and maintained by co-defendant, FOOT. We shall file our answer to the complaint and propound discovery to the plaintiff and eventually file a Motion for Summary Judgment on the basis that the location of the plaintiff's fall is owned and maintained by FOOT and not the City of Miami Beach. 1165 City Attorney's Report September 11, 2013 Page 6 19.Lewis J. Levey vs. City of Miami Beach. Case No. 13-20949 CA 11 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida). This is an action to quiet title on real property owned by Lewis J. Levey and Laura R. Levey. The Summons and Complaint were served on the City on July 29, 2013. The City's Motion for More Definite Statement was filed on August 3, 2013. 20. JPMorgan Chase Bank. National Association vs. Terrence E. Rosenberg, et al., Case No. 13-23305 CA 23 (Circuit Court-11th Judicial Circuit in and for Miami- Dade County, Florida) This is an action to foreclose a mortgage on real property located 79 N. Hibiscus Drive, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on August 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 August 13, 2013. 21.Jean Cothel Pognon. as Co Personal Representative of the Estate of Marvin Pognon, deceased. v. The City of Miami Beach. A Florida Municipal Corporation, Case No. 13-025296 CA 01 (Circuit Court-11th Judicial Circuit in and for Miami Dade County, Florida). This is a public records lawsuit initiated by the Estate of Marvin Pognon pursuant to Chapter 119 and Section 406.136 of the Florida statutes. The lawsuit seeks those public records surrounding a police involved shooting of Marvin Pognon, which took place on New Year's Eve of 2011. The Plaintiff has alleged that the Miami Beach Police Department has failed to disclose public records pursuant to the Florida Public Records Act. Plaintiff's Complaint seeks the issuance of a judgment against the City of Miami Beach for the production of those documents that have been classified as active criminal investigative records pursuant to Section 119.071 (2) of the Florida Statutes. The City of Miami Beach shall be filing a Declaratory Judgment counterclaim against the Estate of Marvin Pognon, and will seek an Order of the Circuit Court interpreting the statutory provisions set forth in Section 406.136, which permit a specific class of person to view certain public records, despite the active criminal investigation exemption that is applicable for this lawsuit. The City Attorney's Office shall articulate the legal justification for prohibiting the release of those active criminal investigation documents. 1166 City Attorney's Report September 11, 2013 Page 7 22. Federal National Mortgage Association vs. Guillermo Aguilar. et al.. Case No. 13- 24999 CA 05 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida). This is an action to foreclose a mortgage on real property located 3710 Collins Avenue, Unit N1 01, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on August 19, 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 August 26, 2013. 23. John L. Thompson. Ill v. City of Miami Beach Florida, in the United States District Court of Southern Florida This is an action by a Parks Department employee who alleges he was subjected to racial harassment and racial discrimination by his supervisors. The City Attorney's Office will continue to vigorously defend the City until final resolution of the case. 24.Sandra Barkan and Jerry Barkan. her husband v. City of Miami Beach. Case No. 13-026948 CA 30, (Circuit Court --11th Judicial Circuit in and for Miami-Dade County, Florida). The City was served with this complaint on August 23, 2013 alleging that on February 3, 2013, the plaintiff, Sandra Borken, tripped and fell while walking on the sidewalk located adjacent to 225 Washington Avenue in Miami Beach, Miami-Dade County, Florida; allegedly due to an unintended and unexpected change in height of adjoin concrete slabs of the sidewalk that exceeded one to one and half inches. She is alleging that she sustained permanent injuries as a result of the trip and fall and is also suing for loss of consortium. We shall file our answer to the complaint and propound discovery to the plaintiff. JS/AB/EB/RR/SR/Ir F:\ATIO\AAOFF\AAOFF\FILE.#S\2013\Status report GAO 091113.docx 1167 THIS PAGE INTENTIONALLY LEFT BLANK 1168