R10A-City Attorneys Status Reportg MIAMI BEACH
City of Miqmi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: RautAguita, City Attor."8*0- Cu.(-
DATE: July 23,2014
SUBJECT: Gity Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
irileanu V. City Of Miami Beach. Case No. 14-12613 CA05 (Circuit Court of
the 1 1"' Judicial Circuit in and for Miami-Dade County, Florida) Case
The City was served with this complaint on June 4,2014 alleging that on April 13,2013,
the plaintiff, Vladimir Chirileanu, was jogging on the walkway in front of the property
located al 4404 North Bay Road in Miami Beach, Florida when he stepped onto the
cover of the water meter cover at that location, at which point the cover and/or the
cover's support brackets were in a state of disrepair, and the Plaintiff was injured. We
shallfile our answer and propound discovery to the Plaintiff.
2. Cedrick Perkins v. City of Miami Beach, et al. Case No. 1:14-cv-21923 (United States
District Court Southern District of Florida)
Plaintiff alleges that he was a bystander who was inadvertently shot by police otficers
during a police involved shooting on March 30, 2011. The city attorney's office has
removed all related cases to federal court and moved to consolidate them before one
judge. There are currently three bystander cases arising out of this shooting, as well as
the one brought by the estate of the principal decedent. The plaintiffs have moved to
stay the cases pending the outcome of a state attorney's investigation into the
shootings. When the cases go fonruard, we will vigorously defend them.
The Bank of New York Mellon vs. Camilo Vayardo Pullev. et al.. Case No. 14-13976 CA
08 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 1925 Normandy Drive,
Miami Beach, Florida. The Summons and Verified Complaint were served on the City on
June 10, 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 June 12,2014.
Asenda !t"rn Rl0A
oate 1-L3-lU1172
City Attorney's Report
July 23,2014
Page 2
4. FF Cosmetics FL lnc. Timeless Cosmetics FL lnc. and Cbrillance New York LLC v. Citv
of Miami Beach Case No. 14-Cv-22072-King (United States District Court For The
Southern District Of Florida)
Plaintiffs are cosmetics companies on Lincoln Road who have sued under the First
Amendment to the U.S. Constitution to invalidate the city's hand billing and solicitation
ordinances after they were cited for violations of those ordinances. The city attorney's
office will provide an individual verbal report to each commissioner regarding this
case. The city attorney's office is working with the city manager's office to protect the
city's interests in this matter.
lnc. vs. Dennis J. Sullivan, et al., Case No. 14-13622 CA25
,r,tv,H"iiorj
This is an action to foreclose a condominium lien on real property located'1615 W.
Avenue, Unit 404, Miami Beach, Florida. The Summons and Complaint were served on
the City on June 23,2014.
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 June 26,2014.
6. Offir Hernandez Llach. as personal representative of The Estate of lsrael Hernandez
Llach, Deceased. and on behalf of the survivors of lsrael Hernandez Llach. v. Citv of
Miami Beach. Case No. 14-13874 CA (31) (Circuit Court - 11th Judicial Circuit in and for
Miami-Dade County, Florida)
The estate of lsrael Hernandez Llach brought this action in state court alleging that a city
police officer employed his Taser against the decedent, wrongfully causing his
death. The city attorney's office will vigorously defend this case.
7. The Bank et al., Case No. 12-14631 CA 58
(Circuit Court - 11 Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 524 Washington
Avenue, Unit 314, Miami Beach, Florida. The Summons and Amended Verified
Complaint were served on the City on June 26, 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 June 26,2014.
8. National Loan Servicino Acquisitions Company vs. Edelwiess Corp.. et al., Case No. 14-
15399 CA22 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 10837 NW29 Street,
Miami, Florida. The Summons and Verified Complaint were served on the City on June
26,2014.
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 July 7, 2014.
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City Attorney's Repofi
July 23,2014
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Nationstar Mortqaqe LLC vs. Jose Yankelevitch. et al., Case No. 14-15147
(Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
cA 32
10.
This is an action to foreclose a mortgage on real property located 2803 NE 164 Street,
Unit 4, Miami Beach, Florida. The Summons and Verified Complaint were served on the
City on June 30, 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 will be timely filed.
Case No. 14-15880 CA 15 (Circuit
Court - 11'" Judicial Circuit in and for Miami-Dade County, Florida)
This is an action for Declaratory Relief in connection with the V.A.B. adoption of the
recommendation of the Special Magistrate determination the valuation of the real
property located at 340 23 Street, Miami Beach, Florida is zero. The Summons and
Complaint were served on the City on July 2, 2014.
The City's Answer will be timely filed.
RA/SR/EB/RR/lr
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