Item S01
Memorandu m
To: Mayor Speha r & County Commissioners
From: Bob Shillinger, Asst. County Attorney 'f >-
Date: May 13. 2005 '. . .
Re: May 2005 I itfgation report
Cc: Tom Willi, County Administrator
Richard CoBins, County Attorney
CASES FILED AGAINST THE COUNTY SINCE LAST MONTH'S REPORT--
none
CASES CLOSED SINCE LAST MONTH'S REPORT
Charles, Marie v. Monroe Countv EEOC 150~2005-00083
E EGC Miami Date Filed: 1 OJ 15/04
Allegations of civil rights violation due to discrimination art natiotlal origin.
Commu n ity Se rvicesITran sportati on
Status:
90 day right to sue per~od expired 4/30105.
Next Activity:
C!osed.
Time:
12,5
Costs:
15,00
Monroe County v. Holly Grace Blandeaux SC K 05.69
Small Claims Judge: Fowler Date Filed: 3f23105
Code enforcement fine collection authorized by BOCC on 7/14/04, $684.88
eu rrent Status:
OF pa id fi l1es and costs on 4/13/05.
Next Activity:
CLOSED.
Time: 3,1
Costs: S84,64
Monroe County v. Joseph Sutton CA K 05 {TBAl
Circuit Court (16lh} Judge: {none yet) Date Filed:
Collectio n action authorized by soce on 6/18/03. Fi n e @S 18,000.00.
Current Status:
4/20/05 BOCC approved release of lien due to hardship.
Next Activity:
CLOSED.
Time: 2.8 hour
Costs: $100.00
GENE RAL LlTIGA liON
Clav, Robert Lee~ John & Li ChiunQ Moyant v. Monroe County CA M 04..05
Circuit Court 161 Judge: Jones Date Filed:011OS/04
f\:1andamus Petition/takings case regarding Big Pine properties, Mayor served
1/8/04, Growth Management.
Status:
Cou rt approved settlement agreement
Next Activity:
Awaiting dismissal by Petitioners.
Time: 7.4
Costs:
None
Collins, Thomas et al v. Monroe County
Circuit Court 16th Judge: Payne
Takings action brought by 11 groups of plaintiffs.
Growth Management; CAY co-counse' with Freilicht Leitner & Carlise.
CA M 04-379
Date Filed: 11/22104
Status:
Discovery.
Next Activity: Summary J udg ment motion 6/21/05.
Time: 61.7 Costs: 0.00
DrewinQ, Janice v, Monroe County
Th i rd DCA Judges: TBA Date Filed:
Appeal of denial of writ of mandamus in personnel matter,
Community Services/Social Services
3D 04-3044
11129/04
Current Status:
Awa iti n 9 decision by Court.
Next Activity:
Awa iti ng decision by Cou rt.
lime: 31 A
Costs:
15,00
Drewfng.. Janice v, James Roberts as County Administrator CA K 04-686
Circuit Court 161h Judge: Jones Date Filed: 6f2Sf04
Mandamus action seeking hearing in person net dispute beTh'lcen plaintiff and her
supervisor Loujs Latorre. Community AffairsfSocial Services
Current Status:
Drewing appealed Clrcuit's denial of writ to Third DCA.
Next Activity:
Stayed pending appeal.
Time:
19,5
Costs:
0,00
2
Evans, Brian v. Monroe County 04-CIV-10033-JLK
U.S.Dist.,S.D.Fla. (Key West) Judge: King Date Filed: 5/6/04
Civil action aga[nst the County, and others, arising from actions of Sheriffs office
in publicizing the rescission of a warrant it had obtained for his arrest. Meso
Current Status: Evans appealed to 1111~ Circuil Court's award to County &
Sheriff of $4579.00 in attorney's fees for filing frivolous suit.
Next Activity:
Collection not stayed by appeal,
Time: 9,5
Costs:
0.00
Fed. Nai'l Marta. Assoc. v. M, Coleman~ Monroe County. et at CA K 05-171
16th Circuit Judge: Jones Date Filed: 2/18/05
Mortgage foreclosure case where County holds an inferior interest to bank due to
$1928 in Article V I iens imposed aga inst a person clajmi ng interest rn the
property, Mayor served 2/28/05. PJM
Current Status: Bank's motion for summary judgment granted 4/25/05.
Cou nty's answer filed @ 3/21/05, County's I ien preserved,
Next Activity:
Sale set for mid Ju ne 2005.
Time:
2,5
Costs~ 0.00
FiorI da Kevs Citizens Coal ition v, State & Mon roe Co u nty DOAH 04-2756
DOAH Judge: Carolyn Holifield Date Filed: 08/05104
Administrative Ru Ie challenge to ag reement with State. Growth Management
Current Status: Proposed nnal orders su bmitted 1/28/05,
Next Activity: Awaiting decision by Administrative Law Judge.
CAY Time: 178,6 See also entry under Johnson, Anselmo, et al.
Monroe Count;l v. Florida Detroit Diese~ SC K 05 -60
County Court (Sm. Claims) Judge: Fowler Date Filed: 3114/05
Collection action seeking reimbursement for 54,905.00 in clean up COSlS
associated with improperly installed machinery, PJM
Fleet management/Risk Management
Cu rrent Status: Discovery.
Next Activity: Trial July 18, 2005.
Time: 5-8 Costs: $275.00
3
Monroe County v. Mark FraleiQh CAP 03-647
Circuit Court (16ttl) Judge: Garcia Date Filed: 12/8/3
Ejectment action against owner of structures located on County right-af-way.
Pu bl ic Works>
Current Status:
Discove ry ongoi 1"19.
Next Activity: Move fo r summary judgment.
Time:
20,7
Costs: NO NE
Neuman, Kenneth v. Monroe County CA K 04-663
Ci rcu it Cou rt 16th Judge: J ones Date Filed: 6/21/04
Action for damages and to compel Cou nty to issue bu Hding permits for property
on Big Plne. County settled similar suit in April. Mayor serv0.d 6/25104.
Growth Management CAY seNing as co-counsel,
Status:
D~scovery phase.
Next Acti vity:
Discovery.
CAY Ti me: 5.8 See also entry under Johnson, Anselmo, et at
Nunziante, Maril*n v. Monroe County CA K 04-1227
Ci rcu it Cou rt 16t Judge: J ones Date Filed: 11/18/04
SUft over admission practices at Bayshore Manor seeking to invalidate practice of
requiring famjly members to subsidize those who can't afford the full rate,
Commu n ity Services/Social Services; Mayor served 11/19/04.
Status:
Answer f~led, discovery,
Next Activity:
De pas itions to be set.
Time:
58.6
Costs: 0,00
P B P Ma ri na. Inc. v. Monroe Cou ntv CA K 02-561
Circuit Court (16lh) Judge: Payne Date Fi led; May 2002
Cert. Petition ap peal from den ial of rezon i ng on Geiger Key M ari n a.
Growth Management
Cu rrent Status:
4/20/05. BOCC granted rezoning request.
Next Activity:
Awa i~ d ism issai if not challenged by 5/21/05.
Time:
29.0
Costs:
none to date
4
Riverview Consultants I Inc. v. Man roe County CA K 05-373
Circuit Court 16th Judge: Jones Date Filed: 4f13/2005
TortlOUS interference with contract case arrsing from Airport security director's
termination of a consultant subcontract. PJM
Ai rport
Status~
Plainilff gave mandatory 6 month notice of claim on April 8, 2005.
Next Activity:
File responsive pleading once served.
Time: 3.0 Costs: 0.00
See also entry under Johnson, Anselmo, et al.
Teall Kimberly & Kei1h v. Michael Anqel, Monroe County. et al CA M 04404
Circuit Court (16th} Judge: Payne Date Filed: 12/16/04
Declaratory judgment actioll by property owners seeking half of a road
purportedryabandoned by County and therl quilclaimed to City of Marathon
wh ich was subject of I itigalion in 2002.
Public Works
Status:
Depositions held 4/18/05,
Next Activity: Hearing on County's motion to d~smiss 6J28/05.
Time: 9.2 Costs: $133_00
Tuttle, David, Peter Rosasco & Harley Evans v. Monroe County CAM 04-243
Circuit Court 16th Judge: Payne Date Filed: 6/30/04
Action for damages and to compel County to issue build ing perm ils for property
on B(Q Pine. County settled similar suit in April. Growth Management
Status:
Settled; 3 of 4 releases issu ed.
Next Activi1y:
Dismissal if DCA doesn't object to permits.
Time:
3.0
Costs:
0.00
5
Walqreens & Gadinskv v, Monroe County CA K 05-266
161h Circuit Judge: Taylor Date Filed: 3111/05
Petition for certiorari review of DOAH administrative order upholding 1 of 6
fi nd i ngs supporting denial of major conditio na I use a ppUcation for redevelopment
of Big Pine Scotty's into Walgreens. Mayor served 5/2105,
Growth Ma nagement
Current Status:
Will be handled in house. Drafting responsive pleading
Next Activity:
Response due 5/23/05.
Time:
7.1
Costs:
0.00
POTENTIAL CAS E S THAT HAVE NOT BEEN FI LE 0
Lloyd Good v. Monroe County CA K 05 -----
Circuit Court (16!h) Judge: Date FlIed:
On 11/24/03, the Cou nty was served with notice of a cl aim u nde r the Bert J.
H arns Act regarding two pa reels of property owned by Lloyd Good,
Growth Management.
Current Status:
Settlement discu ssions underway.
Next Activity:
conditional use,
None. Stayed during Good's application for major
Time: 8,6 hours
Costs:
$5,56
Harum, James v. Monroe County, DOH~ & Z. Krstic CA P 05 TBA
Circuit Court (16th) Judge: Date Filed:
Threatened action for injunctive relief to compel County to prosecute code
enforcement violation against Zivadin Krist~c by his neighbor James Harum.
Cou nty had already scheduled the code enforcement hearing fo r May 2005 prior
to receivi ng notice of su it Statute requ ires 30 days notice prior to fil iflg action,
Current Status:
5/26/05.
None until suit is filed; underlying code case set for hearinQ
Next Activity:
Move to d ism iss a rtd for sanctions if fi led SI nee wio merit.
Time: 2.4
Costs:
so,oo
6
CO DEE NFO RCE MENT APPEALS
Decker, Harry v. Monroe County 3005-305
Third DCA Judges: TBA Date Filed: 2/14105
Appeal of circuit court's decision upholding Code Enforcemont Spec!al
Magistrate's decision finding property owner in violation of OSTDS ordinance_
Growth ManagemenUCode Enforcement
Statu s:
County fi led Response 4/8/05.
Next Activity:
Awa~l Cou rt's ruti ng_
Trme: 7_1
C os ts:
15.00
Decker, Harry v. Monroe County
Circuit Court 16Ul Judge Payne
Th is is an a ppeal of a code enforcement OSTDS case,
CA K 01-1252
Date Filed: 10/510 1
Curre nt Status: Decker appealed th is decision to Th i rd DCA on 2/14;'5_
Next Activity: None, pendi n 9 appeal. See 3D-05-305,
Time: 19_0 hours Costs: none
Eads, Sa rba ra v. Mon roe Cou ntv CAP 03-117
Circuit Court 16th Judge Garcia Date Filed~ 2127/03
This is a code enforcement appeal of the special mas1er's order finding the Lowe
House to be in unsafe condition a.nd setting forth a compliance schedule,
Status:
Appeal stayed pending review by HPC.
Next Activity: Status check 6/1/05_
Time: 3-6 hours Costs: none
Fuchs, WalburQ3 v, Monroe County
Ci rcu it Court (16lh) Judge Miller
This is a code enforcement appeal of an OSTDS case,
CA K 01-1251
Date Filed: 1015/01
Current Status: The County's brief filed,
Next Activity:
Await Court's decision.
Timo: 11.5 hDurs Costs: none
7
Mon roe County v. Lanes, George & Denise CA M 04-310
Circuit Court (16th} Judge: Jones Date Flied: 9f15f04
Appeal of decision rega rd ing elevation requ irements for replace ment stru cture.
PJM
Current Status: Briefs completed
Next Activity: Oral Argument 5/18/05,
Time: 10,0 hou rs Costs: none
Stevenson, MK v. Monroe County CA K 02-257
Circuit Court 16th Judge Payne Fited: 2/26/02
Appeal of a finding that Caribbean Vi[lage storage sign was an off premises sign.
Current Status: Orders of dismissal from 3D DCA entered March 2 & 7.2005.
Next Activity:
Fi Ie Motion for Corrected Ma nd ate.
Ti me: 32.4 hou rs Costs: none
CO D E EN FORCEMENT FQRECLQSU RES/CO LLECTI ON S
Monroe County v. Mario Alfonso CA K 0361458
Circuit Court (16th) Judge: Jones Date Filed: 12/08/03
Code enforcement foreclosu re actio n authorized by the BOCC on 6J18f03.
Fine fixed at 591 ,450.00.
Current Status~
Settled for 515,000.00 plus 10% interest
Next Activity: Awaiting sale by OF.
Time: 24.7 hour
Costs: 5151.70
Mo n roe Cou ntv v. Matthew Bonnett CA K 05 TBA
Circuit Court (16~h) Judge: TBA Date Filed: TBA
Code enforcement lien collection action authorized 10/17/04. PJM
As of 5/1J5, S150/day fine exceeded $78,000.00.
Current Status:
Demand letter prepared.
Next Activity:
Servo demand letter.
Time: .5
Costs: 000
8
Mo n roe Cou ntv v. Dirk Dam fa u CA K 05 (TBA)
G ircuit Cou It (16Ul) Judge: {no ne yet) Date Fi led:
Code enforcement foreclosure action authorized by lhe BOCC 6/18/03, Flne was
S 169 ,900,00 as of 7/18/03 and accru ing at $200.00 per day,
Current Status: Campi iance achieved,
Next Activity:
Fi Ie suit
Time: 2.2 hou r
Costs: none to date
Monroe County v. Wiliiam L. Davis CA P 04-181
Circuit Court (16lll) Judge: Garcia Date Filed: 4115104
Action to collect 527,600.00 code enforcement fine from former owner of property
who fraudulently sold property to innocent owner. OF in Federal prison,
Current Status:
Flnal Judgment of $28,431.00 erltered 4/13/05.
Next Activity:
Record Judgment with State. collection,
Time: 6.2 hour
Costs:
$21.00
Monroe Co u nty v. Re ,naldo De IQado & Lourdes Nunez CA P 05 TBA
County Court {Civil} Judge: Ptomey Date Filed: TBA
Collection action authorized by BOCC on 6/16/04, Fine set at $6600.00.
Curre nt Status:
Researching issues raised by owners re: Umely compliance.
Next Actlvjty:
Status ch eck 6/1/5.
Time: 2,0
Costs:
0,00
Man roe County v. Dan Gleason SC P 03 - 165
Small Claims Court Judge: Ptomey Date Filed; 815103
Small claims action for a mOrley judgment to collect $520.00 in unpaId code
enforcement fines and costs authorized by the BOGe in April of 2003.
Current Status;
Final judgment registered wi Dept of State.
Next Activity: Continue wi enforcement proceedings,
Time: 9.5 hou rs
Costs: $65.92
9
Monroe County v. Marshall Golnick CC K 05-86
County Court Judge: Fowler Date Filed: 3/21/05
Collection acHon authorlzed by soce on 6/16/04. Fine sel at $11 ,300,00,
Current Status:
Settled for 58000.00 in 3 monthly payments,
Next Activity: DF to make 3 payments on 5/31, 6(30, & 7/31/05.
res ponsive plead i ng.
Tima:
10.0
Costs: $575.00
Monroe County v. Jack Haqopian, CA P 03-529
Circuit Court {16th) Judge: GARCIA Date Filed: 10/1103
Code enforcement collection aclion a uthorized by BOCe on 8/20/03. Fi ne was
$203,100.00 as of 9/30/03 and accrL1[ng at $250.00 per day.
Cu rrent Status: Motions.
Next Activity: Motion to dismiss Third Party complaint 4/13/05, awaiting ruling
Time:
14.7
Costs: $20.00.
Monroe County v. Dorothy HouQh, et a 1. CA P 05-160
Circuit Court {16ttl) Judge: Garcia Date Filed: 4/6105
Code enforcement collection action authorized by SaGe on 9/17103. As of
9/25/3 lien valued al 525,050.00 and accruing at $50.00 per day,
Current Status:
Suit filed: two DFs served: Discovery.
Next Activity: OF Dianne Hough'3 Answer is due 5/19105; 0 F Barry
Hough's Answer due 5/23/05; Diane's lntcrrogatory Answers due 6/6/5,
Time: 5.6
Costs:
5330,00
Monroe County v, James Jeanquenat CA P 05 ----------~-
Ci rcujt Cou rt (16th) Judge: Date Fi led:
Code Enforcement collection action authorrzed by soce on 4/21104. As of that
date, the fine W;:3S 5136,100.00 and accruing at $500.00 per day.
Current Statu s:
Negot1ali ng with owner.
Next Activity:
Statu scheck 6!1 /05.
Time: .7
Costs:
none
10
Monroe County v, Kev Larqo Ocean Resorts CooP. Inc. CA P 96-260
Circuit Court (16th) Judge Garcia Date Filed: 5/20/96
This is an action to foreclose a code enforcement lien-
Current Status: Revised development agreement application being reviewed
by Grmvth Management.
Next Acti Yity:
Status repo rt due 6/1/05.
Time: 36.6 hours
Costs: 5340-00
Monroe County v, Pedro Liz CA K 05 420
Circuit Court (16th} Judge: Jones Date Filed: 4/22/2005
Code enforcement collection action authorized by BOCe on 7/17/03 & 9/17/03.
T01al fines as of 4/27/05,3816,300_00_
Current Status:
Complaint filed.
Next Acti vity:
Serve DF.
Time:
3.2
Costs:
$555.00
Monroe County v, Jean M, Louis & Itnor Corp. CA K OS TBA
Cfrcuit Court (16~h) Judge: TBA Date Filed: TBA
Cod e enforcement I ien collection action authorized by soce on 10/17/04.
Fine set at $34,200.00. PJM
Current Status: Owners not complying with settlement agreement approved
by 80 C C on 4/20/05_
Next Activity:
File foreclosure action if not resolved.
Time:
1.5
Costs:
0.00
Monroe County v, Lilv Marks
Cjrcuit Court (16tt1) Judge~ Jones
Collection action at 2 code enforcement liens.
amount of $795.270.00.
CA K 03~1152
Date Fi led: 1012/3
Final Judgment entered in the
Current Status: Final judgment entered for $795.270.00 5/9;05.
Next Activity: Collection, if not appealed.
Time: 8-3
Costs:
$20.00
11
Monroe Cou ntv v. Arth u r Mehr {TB.;l
Circuit Court (16Ul) Judge: {none yet) Date Filed: TBA
Code enforcement foreclosure action that was authorized by the soce 6/18/03.
Flne had roached $28,380 on 7/18/03 and continues to accrue at $20 per day.
Current Status:
TiUe search complete.
Next Activity:
File su it.
Time: 2.1 hou r
Costs: $150.00
Monroe County v. Blair & Althea Moonev
Circuit Court (16Ul) Judge: TBA Date Filed:
Code lien collection action authorized by BOGe on 10/17/04,
F[ne fixed at $146,100.00.
CA K TBA
TBA
PJM
Current Status:
Negotiating with own ers' counsel.
Next Activity:
Presentation of settlement offer at June BOCC meetrng.
Time: .5 hour
Costs: $0.00
Monroe Cou ntv v. Outland Properties CA P 05 TBA
Circuit Court (16Ih} Judge: Garcia Date Filed: TBA
Code lien collection action authorized by BOCe on 10/17/04.
As of 5/1/05, $500 dai Iy ti ne exceeded $225,000.00. P J M
Current Status:
Demand letter drafted.
Next Activity:
Serve dem8 nd letter
Time: .5 hour
Costs: 0.00
Monroe County v, Rodriguez, Federico et al CA K TBA
Circuit Court (16lh) Judge: TBA Date filed: TBA
Coda I icn collection action authorized by soce on 10/17/04. PJM
Current Status:
$7j500 settlement approved by eoce 4/20105.
Next Activity:
Finalize paperwork, then dose file.
Ti me: 1.5 hours
Costs: 0.00
12
Monroe Cou nty v. Safe Harbor M ari ne Ra ilwav Corp.
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforce ment foreclosure action that was aulhorized by the sace 6/1 Ri03.
As of 1/1/4, lien totaled $106,700,00,
CA K 05 (TBA)
Current Status: Title search complete.
Next Activity:
D raft campi aint.
Time: 1,5 hour
Costs: none to date
CASES BEING LITIGATED BY OUTS IDE cnu N SEL
(other than Morgan & Hendrick)
Ferencik, Libanoff, Brandt, Bustamante and Williams, P.A.
Monroe County v. Bender & Associates, et al CA K 03 915
Circuit 16th Judge: Jones Date Filed: 8/4103
Suit filed against Bender & Associates. D.L. Porter Constructors, Inc" Security
lmpact Glass Hold ings. LL. C.. and Preservation Services, Inc. for breach of
contract and negrigent misrepresentation arising from the defective design,
fabrication. and/or installa1ion of the windows in the Ga10 building.
Status:
Discovery ongoing.
Next Activity:
Hearing on motton to dismiss to be set.
Fees bi tied to date:
$45.121.00 Costs:
$5.675.68
Man roe Cou ntv v. lodge Construction, et al. CA K 00 -617
Circuit 16{h Judge: Payne Date Filed: 5/1112000
Suit filed against goneral contractor Lodge Construction & its surety' for breach of
contract to bu ild Gato Bu ild i ng,
Status: Reserved on a ppeal November 24, 2004. New trial granted.
Ma ndate issued 2/16/05.
Next Activity:
Set for trial.
Fees billed to date:
5298,015.26 Costs:
571,523.81
13
Bob Freilich & Tyson Smith
CollinS-,---Thomas et al v. Monroe County
Circuit Court 16th Judge: Payne
Takings action brought by 11 groups of plaintiffs.
Growth Manageme nt
CA M 04-379
Date Fi led: 11/22104
Status:
Discovery.
Next Acti vity:
Motion for Su mma ry J u dg ment hea ring 6/21/05.
Fees bi lied to date:
$55,429.49
Johnson, Ansel me Murdoch Burke & George
Baukniqht, Ska~s & Rockett v. Monroe County CA P 04-451
Circuit Court 16 Judge: Garcia Date Fried: 9i24104
Inverse condemnation/takings case filed by Jimmy & Nancy Bauknight, Teague
Skaggs, & Kathleen RDc:kett for three lots on 8ig Pine Key. Mayor served 10/4/4.
Growth Management
Status:
Federal Court remanded to state court.
Next Actl vity:
Actio n on hold pend ing appeal in 11 [", Circu it.
Fees bi lied to date:
$832.24
Costs:
0.00
Baukn Lq ht, Skaq.qs & Rockett v. Mon roe County 04 CV 10105
U.S. D.C. S.Fla. Judge: Moore Date Filed: 11/1/04
Inverse condemnation/takings case Wed by Jimmy & Nancy Bauknight, Teague
Skaggs, & Kathleen Rockett for three lots on Big Pine Key. Mayor serYed 10/4/4.
Growth Management
Status: Federal Court remanded to state court Attorney's fee motion
apP8aled to 111!1 Circuit
Next Activity:
None.
Fees billed to date:
none
Costs:
0.00
14
Baukni!lht1 et al. v. Monroe Countv TBA
11 !h Cir. Ct. of Appeals Judges: TBA Date Filed: 2/11/05
Appeal of denial of attorney's fees motion filed against the County by takings
case plai ntiffs. Co u nty h ad removed the case to F edera I Court: pia i ntiffs sought
remand and attorneys fees. Case was remanded to state court but fees denied.
Plaintiffs are seeking beThveen 515,000 and $18,000 in fees.
Growth Management
Status:
Appellate mediation held 4/11/05, no resolution.
Next Actlvity:
Respond to Appellant's brief.
Fees bi lied to date:
None.
Florida Kevs Citizens Coalition v. State & Monroe County DQAH 04-2756
DDAH Judge: Ca rolyn Holifi eJd Date Filed: 08/05104
Administrative Rule challenge to agreement with State to fund purchases of
environ mentally sensitive I and s, provide permits for workforce housi ng, etc CAY
se rvl ng as co-cou nsel.
Growth Management
Status:
Recommended final order filed 1/28/05.
Next Activity:
Awaiting decision of Court.
Fees billed to date:
S59.464.92
Moore, Ru ssell v. Man roe Cou nty CA P 04-452
Ctrcu it Court 16th Judge: Garcia Date Filed: 9/24104
r".1andamus/lnverse condemnation/takings case filed for one lot on Big Pine.
Mayor served on 1 0/4/4. Growth Management
Status:
Dismissed by Plaintiff with Prejudice.
Next Activity:
Close fi Ie once fi nal bi iii n 9 received.
Fees bi I !ed to date:
$499.50.
15
Neuman, Kenneth v. Monroe County CA K 04-663
Circuit Cou rt 16th Judge: Jon es Date Fi led: 6J21 104
AC1ion for damages and to compel County to issue building permits for property
on Big Pi ne . CAY senli n}:J as GO~COU nsel.
Growth Management
Status:
Discovery,
N ex! Activity:
Discovery
Fees bi lied to date:
52,326,92
Riverview Consultants, Inc. v. Monroe County CA K 05-373
Ci rcu it Court 16lh Judge: J ones Date Fi led: 4113/2005
T ortiou s interference with contract case arising from Airport secu rity director's
termination of a consultant subcontract League of City's carrier counsel.
Ai rportlMCSO
Statu 5:
Pia i ntiff gave mandatory 6 month notice of cI aim on April 8. 2005.
Next Activity:
File responsive pleading once served.
Fees billed to date:
none.
Purdy, Jolly & Giuffreda, P.A.
Evans, Brian v. Monroe County 04-CIV-10033-JLK
U.S.Dlst.,S.D.Fla. {Miami} Judge: King Date Flied: 5/6i04
Civil action against the County_ and others, arising from actions of Sheriff's office
in publicizing the rescission of a warrant it had obtained for his arrest, MeSO
Current Status: Couri awarded County & Sheriff $4579,00 in attorney's fees
against Evans for filing frivolous suit & denied Evan"s motion to stay enforcement
of .1udgment pending appeal.
Next Activity:
Coli ection,
Fees bi1led to date:
none
Costs:
0.00
16
Evans. Brian v. Monroe County, et al. CIV S 04-1042 LRH
U,S.O.C. Nevada Judge: Jones Date Filed: 7f28f04
Same alfegatiorls as prior case which were brought in Nevada, MeSO
Curre nt Statu s:
Evans h as appealed d~smis5al by Court,
Next Activity:
Court den ied County's motion for attorney's fees 4/18/05,
Fees billed to date:
none
Costs: 0,00
Evans, Brian Y. KW Citizen, Monroe County. et al CV S 04-1742-KJD-LRL
U,S.D.C, Nevada Judge: Dawson Date FHed: 1/6/2005
LiJtest suit by chronic litigant/lounge singer claiming that he was defamed by
misstatements by MeSO employee printed in Key West Citizen.
MCSO
Status:
Evans dismissed case on 2/11/05, Evans states he will rcfile.
Next Activity:
Await service.
Fees bi lied to date:
none
Costs:
0_00
Evans. Brian v, MeSO, Monroe County. et a1. 04-17429
9th Clrcuit Court of Appeals Judges: TBA Date Filed~ 12/09/2004
Appeal of Nevada Court's d[smissal of suit in eN S 04-1042 LRH_
Status;
County's brief fi!ed 4/20/05.
Noxt Activity:
Evan's reply brief is past due. extension donied by Court
Fees billed to date:
none
Costs:
0.00
Evans, Brian v. MeSO, Monroe County. et al. OSw10077-B
11th Circuit Court of Appeals Judges: TBA Date Filed: 115/2005
Appeal of awa rd of attorney's fees aga inst Evans for fi ling a frivolous lawsuit.
MeSO
Status:
Appeal fHed, Carrier counsel {purdy} w[l] defend appeal.
Next Activity:
Evans Driet_
Fees bi lied to date:
none
Costs:
0.00
17
The Smith Law Firm
Monroe County v. Post Buckley, Schuh, and Jernigan CA K 95-402
Circuit Court (1Slh) Judge: Payne Date Filed: 3/30/95
Malpractice claim against the County's former engrncering firm for misca.lculation
of uonds necessary to fi nancc improvements to Card Sou nd Road.
PubUc Works
Current Status:
Set for re-trial, 6/6/05.
Next Activity:
Closed session at 5/18/05 Boce meeting.
Fees billed to dato:
5331,714.55
Vern is & Bowling of the Florida Keys, P .A.
Case Update -AprilS, 2005
GAP Properties of SW Florida-l, Inc. v. Monroe County CA K 04-1321
Ci rcu it Court {16th) Judge: Payne Date Filed: 12/10/2004
Certiorari review of administralive action involving dock failure to obtain plat
approval due to su bdjviding a nd an imp roper change of use without a major or
minor cond itional use permit.
Growth Management
Status:
Pleadings completed.
Next Activity:
Resched ul 0 oral argument.
Fees bi lied to date:
$25,595.00
Costs: $250.00
Kev Tex S. D. Condo Assoc. v. Monroe County & T. McGarry CA K 04~224
Circuit Court {16th) Judge: Jones Date Filed: 312104
Action lo prevent County from denying permits because of ownership conversion
to condominiums a rld compel Cou nty to accept permit applications that have
hccn rejected MCC 9.5-49.
Growth Management
Status:
Only 1 of 5 counts remai n.
Next Activity:
Hearing for MoHon for a More Definite Statement 6/21/5.
Fees bi lied to date:
$32,290.50
Costs: $1 ,831.69.
18
Monroe County v. Mary Boza, CA K 03-1508
Circuit Court (16th) Judge: Jones Date Filed: 12/18103
Code enforcement foreclosure action authorized by the soce on 4/18/03.
Current Status: Default judgment entered 5/11/05.
Next Activity: Sale set for July 2005.
Fees bi II ed to date:
none,
Man roe County v. Alain Y. Depierrefeu, CA K 03.1504
Circuit Court (16111) Judge: Jones Date Filed: 12/18/2003
Code e nforceme nt foredosu re action authorized by the BOCe on 4/18/03.
Current Status; Cterk's default entered Dn 3(21 (05,
Next Actl vity:
Hearing on final default judgment 5/17/05.
Fees billed to date: none.
Monroe Countyy. Alain Y. Depierrefeu, CA K 03-1507
C ircuft Cou rt (16lh) Judge: Jones Date Filed: 12/18/2003
Code enforcoment foreclosure action authorized by the BOGe on 4/18/03.
Current Status: Clerk's default entered on 3/21/05.
Next Activity: Hearing on final defauft judgment 5/17/05,
Fees billed to date: none.
Monroe Countg. Marv Ellen Llovd, CA M 03-362
Circuit Court (16 tl) Judge: Jones Date Filed: 12/19/03
Code enforcement foreclosure action authorized by the SOGe 4/18103.
The total amount of the lien owed to the County is $143,500.00
Current Status:
Compliance achieved 8/31/2004.
Next Activity:
Settlement negotiations complicated by OF's health issues,
Fees billed to date:
None.
19
Monroe County v. James Messera, et al CA K 03-1509
Circuit Court (16th} Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosu re action authorized by the BaCe 4/18103.
Current Status:
Owners working on compliance.
Next Activity:
Settlement discussions.
Fees billed to date: nonc.
Monroe County v. Joe Posada, III CA K 03-1503
Circuit Court {16U\) Judge: Payne Date Filed: 12/18103
Code enforcement foreclosure action authorized by the soce 4/18/03.
Current Status:
Settlement discussions.
Next Activity:
Statu scheck 6/1/05,
Fees biHed to date: none.
Monroe County v. VirQinia Sawyer & Tony Welters CA K 03-1505
Circuit Court (16th) Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action that was authorized by the BOCe 7/15/0.1.
Current Status: Attorney for some of Defendant's negotiating setHement.
Next Activity
Statu scheck 6/1/05.
Fees bi Hed io dat8: none.
Monroe County v, Virginia Sawyer CA K 03-1506
Circuit Court (16th) Judge: Payne Date Filed: 12/18103
Code enforcement foredosurc adion that was authorized by the SOGe 7/15/03..
Current Status:
Attorney for the defendants negotlating setUement.
Next Activity:
Statu scheck 6/1/05.
Fees billed to date: none.
20
Man roe Cou nty v. Lou is Welters CA K 04-639
Circuit Court (16lh} Judge: Jones Date Filed: 6/1412004
Code enforcement foreclosu rc action that was authorized by the BOCC 7/15/03.
Current Status:
Attorney for the defendants negotiali ng settlement.
Next Activity:
Status check 6/1105.
Fees billed to date: None,
Osborn, Jeff v. Man roe Cou nty CAP 04-564
Circuit Cou rt 16th Judge: Garcia Date Filed: 11/24/04
1 of 2 certiorari petitions challenging development approval of Northstar project
Growth Management.
Status:
Motion to dismiss denied 5/9/05.
Next Activity:
File Answe r by 5/24J05.
Fees billed to date:
$10,013.50 Costs:
$60.00
Osborn, Jeff v. Man roe Cou ntv CAP 04-565
Circuit Court 16lh Judge: Garcia Date Filed 11124104
2 of 2 certiorari petitions challenging development approval of Northstar project.
Growth Management.
Status:
5/9/05, motion to dLsmlSS granted with leave to refile.
Next Activity:
Osborn must refile by 6J9/5; County must respond by 6/29/05.
Fees billed to date:
$1 ,932.00 Costs:
0.00.
21
_\"lEMORANHLI\il
TO:
Richard
Suz"nne i1:4/
FROM:
DATL
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SLBJECT:
Rec-ap of sen'ices pnwided April 2005
APRIL 2005
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