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 Philip Levine and Members oft e City Commission
FROM
DATE:
SUBJECT:
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Goshen Mortgage LLC vs. Benigno Marquez. et al.. Case No. 13-10874 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 5445 Collins
Avenue, Unit 408, Miami Beach, Florida. The Summons and Verified Amended
Complaint were served on the City on December 2, 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 December 4, 2013.
2. JPMorgan Chase Bank. N.A. vs. Mary Sbert Davis. et al.. Case No. 13-35953 CA
20 (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 3780 Royal
Palm Avenue, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on December 2, 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 December 4, 2013.
3. JPMorgan Chase Bank. N.A. 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 Complaint were
served on the City on December 2, 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 December 4, 2013.
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4. Solare Investments. Inc. vs. William D. Sergautis, et al., Case No. 13-33392 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 6969 Collins
Avenue, Unit 1103, Miami Beach, Florida. The Summons and Complaint were
served on the City on December 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 December 11, 2013.
5. Lisa Zaitz v. Miami Beach Police (re: Sgt. Bennett and Ortega} Case No. 13-
35753 CA13 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County,
Florida)
Lisa Zaitz is a pro-se litigant that filed a "Notice of Claim" with the Circuit Court
that alleges to set forth a legal action for monetary damages in excess of
$100,000. The civil action names the "Miami Beach Police Department (re:
Sergeant Bennett and Ortega)" as the defendant(s) in this matter, based upon
their failure to pursue criminal charges against some unknown individual. The
"Notice of Claim" attempts to create an actionable claim from the inherent police
powers of the City of Miami Beach surrounding the investigation of criminal
matters that were never pursued. The determination not to pursue criminal
charges is a discretionary function of the City of Miami Beach government, and a
Court is prohibited from interfering with these discretionary determinations. The
City of Miami Beach has filed a Motion to Dismiss the Notice of Claim for failure
to plead the performance and occurrence of conditions precedent and for failure
to state a cause of action pursuant to the waiver of sovereign immunity. The
Motion to Dismiss is scheduled for January 29, 2014.
6. Frank Rodriguez v. City of Miami Beach Case No. 13-CV-24478-Aitonga
/Simonton in the United States District Court
Plaintiff filed suit in federal court alleging that he was subjected to discrimination
based upon his alleged disability and retaliation in violation of the Americans with
Disabilities Act and that he suffered retaliation for making worker's compensation
claims in violation of Florida's Worker's Compensation statutes. The City
Attorney's Office is vigorously defending this lawsuit.
7. Deutsche Bank National Trust Company vs. Jose Antonio Rodriguez. et al.. Case
No. 13-37806 CA 42 (Circuit Court-11th Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a mortgage on real property located 510 NW 86
Terrace, Unit 203, Bldg. 12. Miami, Florida. The Summons and Complaint were
served on the City on December 17, 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 December 19, 2013.
8. Jean Cothel Pognon. as Co-Personal Representative of the Estate of Marvin
Pognon v. the City of Miami Beach Case No. 13-035037 CA01 (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 vigorously defend the
lawsuit, and shall articulate the legal justification for prohibiting the release of
those active criminal investigation documents.
9. Reverse Mortgage Solutions, Inc. vs. The unknown heirs. etc. of Marie Isabel
Roush. et al., Case No. 13-36042 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 336 E. 38
Street, Hialeah, Florida. The Summons and Verified Complaint were served on
the City on December 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 will be timely filed.
1 0. B & Z Asset Management Corp., etc. vs. Boris Cvitanovic, et al., Case No. 13-
37363 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 4000 Collins
Avenue, Unit 316, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on December 26, 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 will be timely filed.
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11.Mlchelle Joiner v. City of Miami Beach, Case# 13-38380 CA 01(Circuit Court-
11 1h Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on December 27, 2013 alleging that on
December 1, 2011, the plaintiff, Michelle Joiner, was walking on the sidewalk in
front of 4174 Alton Road, Miami Beach, Florida when she stepped on the cover
of the water meter/water main cover which gave way causing her to fall into the
hole that cover disguised. As a result of stepping into the hole, the Plaintiff
suffered injury to her leg and knee. We shall file our answer to the complaint and
propound discovery.
12. Kertch J. Conze. as Co-Personal Representative of the Estate of Marvin
Pognon. Deceased. v. The City of Miami Beach Case No. 13-039534-CA-01 in
the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County,
Florida
Co-representatives of the Estate of Marvin Pognon filed separate but identical
lawsuits alleging that Mr. Pognon was shot and killed by a Miami Beach Police
Department ("MBPD") Officer on December 30, 2011. The suits allege that
excessive force was employed on Mr. Pognon and that the MBPD has a
widespread pattern of allowing similarly excessive force. The City Attorney's
Office is vigorously defending this lawsuit.
JS/AB/EB/RRISR/Ir
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