R10A-City Attorneys Status ReportMIAMI BEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Raul Aguila, City Attorney r)f.i+..-
October 14,2015
City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE
LAST REPORT
1.
Case No. 1 1-42596 CA 27 (Circuit Court - 11
Miami-Dade County, Florida)
Judicial Circuit and
This is an action to compel the redemption rights of the City of Miami Beach
against the real property located 1340 W 34th Street, Hialeah, Florida. The
Summons and Complaint were served on the City on August 25,2015.
The City's Answer was filed on August 26,2015.
2, FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE"}. A
CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE
UNIED STATES OF AMERICA V. PATRICK J SIMMONS" ET AL Case No.
iami-Dade
County, Florida)
This is an action to foreclose a mortgage on real property 10733-35 NE I
Avenue, Miami, Florida. The Summons and Verified Complaint were served on
the City on August 27,2015.
The City's Answer was filed on August 31,2015.
SIDENT. V. CITY OF MIAMI
Case No. 2015-014570-CA-01 (Circuit Court - 11'n Judicial Circuit in and
Miami-Dade County, Florida)
The Plaintiff alleges he was unlawfully terminated. The City will vigorously
defend this lawsuit.
4, GREEN TREE SERVICING. LLC V. LILIA MGNEELEY: JAMES MGNEELEY:
THE UNKNOWN SPOUSE OF LILIA MGNEELEY: BAY GARDEN MANOR
CONDOMINIUM ASSOCIATION. lNC.: BARNETT GUTHARTZ: FRIEDA
GUTHARTZ: SPECIAL MASTER IN AND FOR THE CITY OF MIAMI
BEACH. FLORIDA: UNITED STATES OF AMERIGA: FLORIDA
TO:
FROM:
DATE:
SUBJECT:
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5.
DEPARTMENT OF REVENUE: THE UNKNONWN TENANT IN
POSSESSIONOF 1250 W, AVE #9W. MIAMI BEACH. FL 33139 Case No.
15-009009 (Circuit Court - 11'n 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 9W, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on August 28,2015.
The City's Motion to Dismiss for failure to join indispensable party was filed on
August 31,2015.
CITY OF MIAMI BEACH V. ASTRO SCOOTER. LLC. and MONIQUE L.
EATON Case No. 15-1890 SP24 (County Court in and for Miami Dade
County, Florida)
On July 12, 2013, Monique Eaton, while operating a 2012 Honda moped,
owned by Astro Scooters, LLC, collided into a parked City owned vehicle.
The two (2) count Complaint seeks damages in excess of $500. The pre-trial
conference is scheduled for October 6, 2015.
CITY OF MIAMI BEACH V. FERNANDO J. SANTOS AND ANGEL
FERNANDO SANTOS, Case No. 15-1889 SP 24 (County Court in and for
Miami-Dade County, Florida)
On June 3, 2014, Angel Santos, while operating a 2012 Chevrolet Camaro,
owned by Fernando J. Santos, collided into a parked City owned vehicle.
The two (2) count Complaint seeks damages in excess of $500. The pre-trial
conference is scheduled for October 6, 2015.
7. C|TY i,ilAIlIt
CHAVEZ Case No. 15-19802 CA05 (Circuit Court -
and for Miami Dade County, Florida)
11'" Judicial Circuit in
On August 31, 2014, Brisa K. Chavez, while operating a 2015 Lexus lS 250,
owned by Toyota Lease Trust, collided into a portion of the Washington
Avenue Water Feature located within the South Pointe Park.
The two (2) count Complaint seeks damages in excess of $100,000.
8. YRIS DIEGUEZ V. FLORIDA DEPARTMENT OF TRANSPORTATION V.
MIAMI BEACH HOSPITALIW. INC.. D'B/A THE DEAUVILLE BEACH
RESORT. DEAUVILLE HOLDINGS. INC. DEAUVILLE HOTEL PROPERW.
LLC. THE DEAUVILLE HOTEL CONDOMINIUM ASSOCIATION. INC. AND
Case No. 13-17050 CA05 in the (Circuit Court
6.
of the 11"' Judicial Circuit in and for Miami-Dade County, Florida)
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Plaintiff is alleging injuries sustained from tripping while walking on the 6700-
6800 block of Collins Avenue in Miami Beach, Florida on or about April 28,
2012. The plaintiff sued FDOT, the owners of the location and FDOT in turn
filed a third party complaint against the City of Miami Beach alleging that the
City is responsible for maintaining the location of plaintiff's fall pursuant to the
1993 North Beach Streetscape lmprovement Project wherein the City took
over maintenance responsibilities for FDOT sidewalks the City improved
pursuant to that project. Public Works has confirmed that the City did not
modify this sidewalk at 6700 Block of Collins Avenue pursuant to the North
Beach Streetscape Improvement Project or any other projects for that matter
and therefore the 1993 maintenance agreement with FDOT does not apply
and FDOT is responsible for the location and not the City of Miami Beach. We
shall file our answer to the third party complaint and propound discovery to
FDOT.
9. RICHARD H. BERNSTEIN AND LYNNE R PELL. AS CO.TRUSTEES OF
THE MANUEL M. BERNSTEIN FAMILY TRUST. DATED DECEMBER 31.
2008 V. RICHARD DUENAS. ET AL Case No. 15-19503-CA 30 (Circuit
r Miami-Dade, County Florida)
This is an action to foreclose a mortgage on real property located 1065 98th
Street, Unit A-2, Bay Harbor lsland, Florida. The Summons and Verified
Complaint were served on the City on September 3,2015.
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 9, 2015.
10. BARBARA MORRIS V. CITY OF MIAMI BEACH Case No. 15-1887-SP-24
(County Court in and for Miami-Dade County, Florida)
This is an action to recover a $400 security deposit which was not returned to
Ms. Morris when she vacated her apartment. Notice was provided to Ms.
Morris at her last known address. However, she disputes receiving the notice.
The pre-trial conference is scheduled for October 6, 2015.
11. ALL SEASONS CONDOM|NiljTM ASSOCIATION. tNC.. V. THE CtTy OF
Case No. 15-20148 CA-34
(Circuit Court - 11'n Judicial Circuit in and for Dade County, Florida)
This is an action for temporary and permanent injunctive relief filed on behalf
of the condominium association challenging the Building Official's decision to
red tag the building as a result of the condominium association's failure to
timely comply with an Order of the Miami-Dade County Unsafe Structures
Board. The Petition was served on the City on September 10, 2015. The
propefi is located at 3621 Collins Avenue, Miami Beach, Florida.
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12.
The City's Motion to Dismiss, alleging lack of subject matter jurisdiction will be
timely file.
SOPHIA MILLER ANDERSON V. CITY OF MIAMI BEACH Case No. 15-
15439 SP 23 (County Court in and for Miami-Dade County, Florida)
Plaintiff, Sophia Miller Anderson, was involved in an automobile accident on
April 1 1, 2014 and was transported by City of Miami Beach fire rescue to
Mount Sinai Hospital for treatment. She incurred a bill of $760.42 from
lntermedix, the EMS billing service provider for the City. She claims that her
auto insurance carrier paid 80% of the bill and she paid 20% as required by
statute pursuant to the billing requirement of a maximum of 240% of the
Medicare billing rate. She alleges that in spite of the fact that she has paid the
bill in compliance with the statute; the lntermedix billing service has been
harassing her by sending her reminders that she has an outstanding payment
of $91.58 on the bill. She is suing the City for harassment, attorney's fees and
costs. We have tendered the suit to lntermedix, our EMS billing provider and
contractor. The Vice President of lntermedix, Darryl Hartung, responded via
email on September 15, 2015 indicating that he will forward the summons and
complaint to their counsel who will handle and the City updated.
ANGELO ARENA V. CITY OF MIAMI BEACH. EDUARD ALBA . AND HYOK
CHONG Case No. 15-CV-22624 (wawer of service of summons) in the United
States District Court for the Southern District of Florida 09/16/15
The Plaintiff alleges he was unlaMully arrested and subject to excessive force.
The City will vigorously defend this lawsuit.
EVA KATZ v. CITY OF MIAMI BEACH and FPL ENERGY SERVIGES. lNG..
r
Miami-Dade County, Florida)
Plaintiff, was walking on the sidewalk outside a municipal parking lot at 4525
Collins Avenue, Miami Beach, FL 33140 when she tripped on the sidewalk due
to a non -flat surface with an exposed drain cover with no warning sign or
barrier provided. Co-defendant, FPL was doing some work at the location and
had obtained a right of way permit from the City of Miami Beach to occupy the
right of way, which belongs to FDOT. It should be noted that this area in
question is not part of the Collins Avenue Agreement that we improved and
agreed to take over maintenance responsibilities for. We issued the permit
because the FDOT procedure requires the City to issue a permit that piggy
backs off of FDOT's permit. Plaintiff attached the City's right of way permit to
their complaint. We shall file our answer to the complaint, propound discovery
and also tender the suit to FPL pursuant to the right of way permit provisions
which requires FPL to represent and indemnify the City.
13.
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15.BRENDA FERNANDEZ v. CITY OF MIAMI BEAGH. FLORIDA Case No.
1:15-CV-22919-KMW (United States District Court Southern District of Florida
Miami Division)
This is a suit by a former employee alleging employment discrimination
pursuant to Title Vll and other state and federal statutes. Plaintiff alleges that
she was retaliated against because of previously complaining about sexual
harassment and because of her national origin (Guatemala). The City was just
served with the complaint and is reviewing it.
BBQ BEACH. INC.. TERRY FALA PRODUCTIONS' STUDIO. LLC V. CITY
Circuit in and for Miami-Dade County, Florida)
This is an action for damages in connection with breach of a consulting
agreement entered into by BBQ Beach, lnc. with Terry Fala
Productions/Studio, !nc. in connection with the former Ieasehold interest held
by BBQ Beach, lnc. for the City's property located at 1555 Washington
Avenue, Miami Beach, FL.
The City's Motion to Dismiss for failure to state a cause of action will be timely
file.
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