R10A-City Attorney�s Status ReportMIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and M mbers of the City Commission
FROM: Jose Smith, City Attot-~ y
DATE: October 16, 2013 ~-
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
1. Brian Gentles v. City of Miami Beach, Case No. 13-24059 CA 01 (Circuit Court -
11th Judicial Circuit in and for Miami-Dade County).
This a lawsuit filed on August 26th by a firefighter for declaratory and injunctive
relief. The Plaintiff had filed a racial discrimination complaint last year which was
settled, without admission of liability, after a lengthy mediation in which Plaintiff
was represented by another attorney. The settlement agreement provides for
Plaintiff to be temporarily reemployed in the fire inspection division through May
2014, at which time he would voluntarily resign.
In the new lawsuit, filed by a new attorney, Plaintiff seeks to remain employed as
a firefighter indefinitely and receive other benefits to which he is not entitled
under the settlement agreement. This suit is frivolous because the claim was
settled over a year ago. Therefore, the City served a motion for sanctions against
the Plaintiff and his new attorney.
On October ih, the Plaintiff, through his attorney, filed a voluntary dismissal of
this lawsuit and so the case is now over.
2. BRREF RB SBL II Acquistions, LLC vs. Goenaga Investments, LLC, et al., Case
No. 13-26545 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 7615 Harding
Avenue, Miami Beach, Florida. The Summons and Complaint were served on the
City on August 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 August 29, 2013.
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3. Jonah Wolfson and Michael J. McAllister vs. City of Miami Beach, Rafael
Granado, Penelope Townsley and SBACE. LLC, Case No. 13-028249 CA 13
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
On August 29, 2013, Jonah Wolfson, Chairman of "Let Miami Beach Decide"
("LMBD") and Miami Beach City Commissioner, filed this lawsuit seeking
declaratory and injunctive relief for removal from the City of Miami Beach's
November 5, 2013 Special Election ballot of the "Convention Center Project"
ballot question. Plaintiff Wolfson's action was filed subsequent to dismissal of a
prior judicial action in which LMBD's identical claim for injunctive relief was
dismissed due to its lack of standing. LMBD had been the sponsor of a related
Charter Amendment also scheduled for placement on the City's November 5,
2013 ballot, which measure in effect sought to increase the voter approval
requirement for the Project from majority to 60% voter consent.
As its basis for entitlement to relief, Plaintiff Wolfson alleged that the "Convention
Center Project" ballot question violated Florida Statute section 101.161 's
requirement that the language clearly inform the public of the measure to be
voted upon, and further alleged that the City's presentation to the voters of the
ballot question was premature, having allegedly failed to comply with certain
conditions precedent. On September 20, 2013, the Court entered its Order
granting the requested declaratory and injunctive relief, finding that the City was
required to have complied with related provisions in the City Charter and Code
(requiring 2 public meetings, and 6/7 vote of City Commission of final terms of
Project's lease terms) prior to its submittal of the Project ballot question to the
City's electorate, declaring the need for final lease terms prior to the City's public
vote pursuant to Charter section 1.03 (b)(2), and further ordering the removal of
the "Convention Center Project" ballot question from the November 5, 2013
ballot.
4. U.S. Bank National Association vs. ABL Group Property, LLC, et al., Case No.
13-26066 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 1000 South
Pointe Drive, TH-A10, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on September 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 September 12, 2013.
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5. Emmett Caldwell v. City of Miami Beach et al, Case# 13-27642 CA 31(Circuit
Court-11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on September 4, 2013 alleging that on
February 2, 2013, the plaintiff, Emmett Caldwell, was assaulted by a City of
Miami Beach unidentified employee. The plaintiff failed to allege compliance with
the notice requirement of Florida Statute 768.28(6)(a) and has not provided the
required notice letter to the City. The City filed a motion for summary judgment to
dismiss plaintiff's complaint for non-compliance with the notice requirement of
768.28 (6) (a) which was granted without prejudice by Judge Abby Cinnamon on
9-24-13.
6. Mark Picozzi v. City of Miami Beach. et al, Case No. 13-28618 CA 08 (Circuit
Court-11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on September 9, 2013 alleging that on
September 28, 2009, the plaintiff, Mark Picozzi, was falsely arrested by the City
of Miami Beach Police Department. The plaintiff sent a notice letter dated April
1Oth 2013 to the City. However, the said notice letter from plaintiff was outside
the three year notice period stipulated in Fla. Stat. 768.28(6)(a), which expired on
September 28, 2012. The City has filed a motion to dismiss the plaintiffs
complaint with prejudice for non-compliance with the 768.28(6)(a) notice
requirement.
7. JPMorgan Chase Bank, National Association vs. Efrain Rodriguez, et al.. Case
No. 13-27294 CA 04 (Circuit Court -11th Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a mortgage on real property located 4000 Collins
Avenue, Unit 409, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on September 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 September 12, 2013.
8. Robert Peri v. City of Miami Beach Case No. 13-28948 CA31 (Circuit Court-
11th Judicial Circuit in and for Miami-Dade County).
This is a third attempt by Mr. Robert Peri to stop the City of Miami Beach from
enforcing its prohibition surrounding the sale (illegal vending) of non-alcoholic
beverages by Robert Peri (the "Plaintiff'') in various locations throughout the City
of Miami Beach. The Plaintiff continues to allege that the City of Miami Beach
negligently deprived him of the monetary benefit surrounding the use of Plaintiff's
personal property based upon, and pertaining to Plaintiff's misdemeanor arrest
for soliciting business upon the City of Miami Beach's property in violation of
Sections 74-1 and 82-1 of the Miami Beach Code. The Plaintiff has alleged that
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the Miami Beach Police Department, in conjunction with the arrest of the Plaintiff,
improperly seized as evidence the Plaintiff's bicycle and cooler, which was
utilized for the illegal vending activities in the City of Miami Beach. The Plaintiff
has requested the Circuit Court to enjoin the City of Miami Beach from enforcing
its ordinances which prohibit illegal vending. The Plaintiff has lost two (2)
separate times before two (2) different Circuit Court Judges regarding his
attempts to enjoin the City of Miami Beach. The allegations against the City of
Miami Beach are without merit, and the City Attorney's Office has filed a
Counterclaim for Permanent Injunctive Relief and Motion for Emergency
Temporary Injunction. The Circuit Court granted the City of Miami Beach's
Motion for Emergency Temporary Injunction, which prohibits Mr. Robert Peri from
selling non-alcoholic beverages throughout the City of Miami Beach.
9. JPMorgan Chase Bank. National Association vs. Backus Wazkim, et al., Case
No. 13-28026 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 345 Ocean
Drive, Unit 525, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on September 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 September 24, 2013.
10. Club Madonna Inc. a Florida Corporation, and Leroy Griffith v. The City of Miami
Beach, Case No. 13-029566 CA 01 (Circuit Court -11th Judicial Circuit in and
for Miami-Dade County).
This multi-count complaint alleges violations for actions of the City in 2005 and
2009 involving negotiations over the settlement of two prior lawsuits brought by
Club Madonna and Mr. Griffith against the City. These claims are precluded by
the settlement of the second lawsuit, or are without merit, and will be defending
vigorously.
11. First Guaranty Mortgage Corporation vs. Maria De La Luz Perez et al.. Case No.
13-28053 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 25502 SW 134
Court, Homestead, Florida. The Summons and Complaint were served on the
City on September 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 September 24, 2013.
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12. Home Federal Bank of Hollywood vs. Alfred Marana, et al., Case No. 13-28053
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 7910 Byron
Avenue, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on September 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 September 30, 2013.
13. Deutsche Bank Trust Company Americas vs. Francisco Alencar. et al.. Case No.
13-29543 CA 04 (Circuit Court -11th 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 6-L, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on September 24, 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 September 30, 2013.
14.Grazyna Taylor v. Brilla Aj Ramco. LLC, The Raleigh Hotel and City of Miami
Beach, Case# 13-25054 CA 01 (Circuit Court-11th Judicial Circuit In And For
Miami Dade County).
The City was served with this complaint on September 25, 2013 alleging that on
December 6, 2012, the plaintiff, Grazynor Taylor, tripped and fell at the sidewalk
by the Raleigh Hotel leading unto the beach at 1775 Collins Avenue, Miami
Beach, Florida. The plaintiff is suing the City as owners of the sidewalk and the
Raleigh Hotel for organizing an event during Art Basel weekend that resulted in
the hotel taking control of the sidewalk and placing red velvet ropes at the
sidewalk that resulted in the plaintiff stepping into a drop off area cut around the
trees on the sidewalk causing her to fall and sustain serious injuries requiring
urgent surgical intervention. We shall file our answer to the complaint and also
send out a letter requesting representation and indemnification from the
insurance carrier for the Raleigh Hotel for the permitted event.
15.Federal National Mortgage Association vs. Andres Perez, et al., Case No. 13-
30264 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 7900 Harbor
Island Drive, Unit 907, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on September 30, 2013.
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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 October 1, 2013.
16. Nationstar Mortgage LLC vs. ltzhak Ginki. et al., Case No. 13-29301 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 1510 West
Avenue, Unit 3, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on September 30, 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 October 1, 2013.
17. Wells Fargo Bank, N.A. vs. Benigno Marquez. et al., Case No. 11-16423 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 5445 Collins
Avenue, Unit 408, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on October 4, 2013.
The City's Motion for More Definite Statement will be timely filed.
JS/AB/DP/EB/GH/JO/SR/Ir
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