R10A-City Attorneys Status ReportMIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www_miamibeachfl_gov
TO:
COMMISSION MEMORANDUM
e )ty Commission
. I
FROM:
DATE: February 12, 2014 '--.
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
1. Club Madonna Inc .. d/b/a Club Madonna v. City of Miami Beach, Civil Action No. 14-
CV-20164-Cooke/Turnoff -United States District Court for the Southern District of
Florida
Club Madonna, Inc. ("Plaintiff') filed a Verified Complaint for Declaratory Judgment,
Injunctive Relief and Damages and an Emergency Motion for Temporary Restraining
Order and Preliminary Injunction against the City of Miami Beach. Club Madonna
alleged that the City Manager, unlawfully issued an Order Revoking its Occupational
License, Business Tax Receipt and Certificate of Use on January 10, 2014 (the
"Order"}. The Order was issued to protect the health, safety and welfare of the
Citizens of Miami Beach, and served to prevent the potential reoccurrence of human
trafficking at Club Madonna's business premises that stemmed directly from the
discovery of a child performing nude in violation of Florida law. The Plaintiff asserted
that the Order was issued without due process of law and violated established
constitutional rights and protections set forth under the First, Eight and Fourteenth
Amendments to the Constitution. The City of Miami Beach is preparing to respond to
the allegations, and intends to vigorously defend this matter.
2. As Odysseus LLC vs. George Hoover. et al.. Case No. 10-12409 CA 27 (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 610, Miami Beach, Florida. The Summons and Complaint were served on the
City on January 15, 2014.
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 January 16, 2014.
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City Attorney's Status Report
February 12, 2014
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3. JPMorgan Chase Bank, N.A. vs. Le 1035. LLC et al.. Case No. 13-39845 CA 31
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 1035 West
Avenue, Unit 704, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on January 17, 2014.
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 January 23, 2014.
4. Nationstar Mortga~e LLC vs. Juan Carlos Garcia. et al.. Case No. 13-36400 CA 59
(Circuit Court-11 h Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 5580 W 21 Court,
Unit 104, Hialeah, Florida. The Summons and Verified Complaint were served on the
City on January 17, 2014.
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 January 23, 2014.
5. Regions Bank vs. Barbara Rodriguez. et al., Case No. 14-465 CA 11 (Circuit Court-
11 th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 12556 SW 144
Terrace, Miami, Florida. The Summons and Verified Complaint were served on the
City on January 17, 2014.
The City's Motion for More Definite Statement or in the alternative, Motion to Dismiss
was filed on January 23, 2014.
6. FirstBank Puerto Rico vs. lnmoinvest Coro .. et al., Case No. 14-1262 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 526 15th Street,
Unit 12, Miami Beach, Florida. The Summons and Verified Complaint were served
on the City on January 21, 2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utllity water and sewer services,
demolition or board-up liens, and resort taxes was filed on January 23, 2014.
JS/AB/SR/lr/mmd
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