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Item Q01June 2006 Litigation Report To: Mayor McCoy & County Commissioners Suzanne Hutton, County Attorney Tom Willi, County Administrator From: Bob Shillinger, Chief Assistant County Attorney Date: June 16, 2006 /- 4 Summary Number of Cases New cases filed since last month 5 Airports 1 Cases closed since last report 3 Constitutional Officers 7 CAY active cases 63 Engineering 7 CAY Post Judgment cases 4 Growth Management 57 Potential cases not yet filed 13 Miscellaneous 5 Outside Counsel Cases 28 Human Resources 2 Public Works 6 Total Cases pending 74 Risk Management 6 Index New Cases Page 2 Cases Closed 3 CAY Litigation Cases Trial & Appellate Level 4 CAY Post Judgment Cases 16 Potential Cases 17 Outside Counsel Cases 21 Ferencik, Libanoff (Ira Libanoff) (4 cases) 21 Johnson, Anselmo, (Bruce Johnson & Michael Burke) (14 cases) 22 Paul, Hastings (Bob Freilich & Derek Howard) (3 cases) 27 The Smith Law Firm (Wayne Smith) (1 case) 28 Vernis & Bowling (D.Smits, K.Willis & S.Black) (6 cases) 28 CASES FILED SINCE LAST MONTH'S REPORT Acredited Home Lenders, Inc. v. Olga Ruiz & Monroe County CA K 06-543 16 Circuit Judge: Date Filed: 5/25106 Mortgage foreclosure action on property County holds $36k SHIP mortgage on. Monroe County Housing Authority RBS Current Status: Next Activity: Housing Authority. Time: 3.9 County's Answer, Cross & Counterclaims filed 6/15/6. 6/21/6, seek authority from BOCC to negotiate buy out by Costs: 0.00 Dorn Kenneth & Katie Pearce v. Monroe County CA P 06-203 16 th Circuit Judge: Garcia Date Filed: 5h15/06 Quiet title action challenging imposition of conservation easement. Growth Management/Planning RBS Current Status: Awaiting service on the Mayor. Next Activity: File response once served. Time: 5.1 Costs: 0.00 Evans, Ronald & Maryanna v. Monroe County & K.L.O.R. CA P 06-506 16 Clrcult Judge: Garcia Date Filed: 0511516 Declaratory Judgment action seeking to enjoin entering into development agreement with Key Largo Ocean Resorts Co -Op, Inc. Growth Management/Planning Current Status: Mayor served 5/16/06. Next Activity: Response filed. Time:14.2 Costs: 0.00 t►: H land Thomas G. v. Danny L. Kolha a 06-TBA 111h Circuit (US) Judge: TBA Date Filed: 51416 Appeal of dismissal of Clerk from Civil Rights suit for alleged actions of deputy clerk. Johnson, Anselmo is coverage counsel & co -counsel to CAY. Constitutional Officer/Clerk RBS Current Status: Record being compiled. Next Activity: Briefing process. Time:8.6 Costs: 0.00 Billing to Date: none Neumont, Elizabeth v. State & Monroe County SC 06-TBA Fla. Supreme Court Judges: en Banc Date Filed: 611416 Certified question from the 1'Ith Circuit to the Florida Supreme Court seeking guidance on proper interpretation of F.S. 125.66(4), ordinance notice provision. Growth Management/Planning RBS Current Status: Interviewing appellate counsel; coordinating with potential amicus curiae; Next Activity: Neumont's brief due by 71516. Time:2.7 Costs: 0.00 CASES CLOSED SINCE LAST MONTH'S REPORT -- none Collins, C. & Sum Air Services v. Monroe County, et al CAM-05-146 Circuit Court 16 Judge: Payne Date Filed: 611105 Declaratory judgment action regarding lease with FBO at Marathon Airport. Airports PJM Current Status: Dismissed 6/12/06 by agreement. Next Activity: Closed. Time: 0.5 hours Costs: 0.00 3 Kresser, Mark v. Irvin Higgs, D. Kolhage and/or V.A.B. TBA Circuit Court (16 ) or US Dist. Court Date Filed: TBA Threatened action for extraordinary writ challenging denial of homestead exemption or § 1983 claim for damages due to alleged lack of hearing notice for final hearing of VAB. Constitutional Officer RBS. Current Stratus: No action filed against VAB by statute of limitations deadline. Next Activity: Closed. CAY Time: 11.5 Costs: 0.00 State of Florida & Monroe County v. Galleon Bay Corp. 3D06-927 Third DCA Judges: TBA Date Filed: 4/2016 Petition seeking Writ of Prohibition enjoining Circuit Court in CA K 02-595 from exercising authority in excess of its jurisdiction. Growth Management/Planning RBS Current Status: Writ of Prohibition denied 6/2/6. Next Activity: None. Closed. Billing to date: See billing for CA K 02-595. CAY Time: 1.0 CAY LITIGATION — Trial & Appellate Level See Outside Counsel Section for Cases being Handled Jointly Aquiar, Alexander & Elizabeth Ginart v. Monroe County CA P 06-189 Circuit Court 16Judge: Garcia Date Filed: 5/5/06 Appeal from decision of Code Enforcement Special Magistrate Growth Management/Code Enforcement PJM Current Status: Record to be compiled by Appellant. Next Activity: Appellant's brief due 7/14106. Time:0.5 Costs: 0.00 IT Ambrose Thora et al v. Monroe County et al CA P 97-636 Circuit Court 16 Judge: Garcia Date Filed:12111197 Declaratory Judgment action claiming vested rights due to subdivision plats. Subsequent appeal of summary judgment order reversed and remanded. Growth Management/Planning JDS Current Status: Review of Court file indicates case still pending. Next Activity: Schedule hearing on Motion to Dismiss. M&H Billing to date: $30,960,98. CAY Time: 2.5 In re: Birch Telecom, Inc. 05-12237 PJW U.S.Bnktcy.Delaware Judge: Walsh Date Filed: 8/12/05 Bankruptcy action by pay phone vendor which claims it owes County $4.15. Administrative Services/Technical Services RBS Current Status: Claim deadline passed 11/4/05. County's interest $4.15. Next Activity: None. Time:1.0 Costs:0.00 Bond James T. et al v. Monroe County CA K 06-394 Circuit Court 16 Judge: Jones Date Filed: 4/21106 Declaratory Judgment action seeking injunction against enforcement of flood plain regulations on downstairs enclosure that exceeded scope of permit. Growth Management/Building Dept./Code Enforcement RIBS Current Status: Proposed Settlement Agreement to BQCC 6/21/6. Next Activity: If not settled, answer due 6/30/6. Time: 7.2 Costs: 0.00 5 In re: Mecjhan Cole 05-43879 RAM Bankrtcy. S.D.Fla. Judge: Mark Date Filed: 10/17/05 Bankruptcy action by tenant of County property. County owed $760.00 in rent. Bankruptcy RBS Current Status: County's interest too minimal to take more than passive stance. Next Activity: Final approval of plan or discharge. Time:1.0 Costs: 0.00 Cutaia Thomas v. Monroe County, MCSO Pretrial Services CAK-05-617 Circuit Court 16 Judge: Jones Date Filed: 6/21/05 Complaint for unspecified damages. Mayor not served yet. Constitutional Officer/MCSO RBS Current Status: Inactive. Next Activity: None unless & until served. Time: 0.6 hours Costs: 0.00 Eads, Barbara v Monroe County CAP-03-117 Circuit Court 16�� Judge: Garcia Date Filed: 2127/03 Appeal of order finding the Lowe House to be in unsafe condition. Growth Management/Code Enforcement RBS Current Status: Historic structure being renovated. Next Activity: None at this time. Time: 4.8 hours Costs: 0.00 EEOC v. Monroe Count 150-2005-03773 EEOC — Miami Judge: NIA Date Filed: 917/05 Charge of disability discrimination filed by an employee. Public Works/Human Resources PJM Current Status: File closed without conciliation. Next Activity: Await filing of suit by employee. Time: 16.6 hours Costs: 0.00 rp .• Fuchs, Walburga v. Monroe County CAK-01-1251 Circuit Court 16UJudge: Payne Date Filed: 10/5101 This is a code enforcement appeal of an OSTDS case.. Growth Management/Code Enforcement RBS Current Status: The Court sua sponte scheduled oral argument. Next Activity: Await rescheduled date for oral argument. Time: 11.5 hours Costs: 0.00 Good Llo d v. Monroe County CA K 01-977 Circuit Court 16 Judge: Payne Date Filed: 819101 Inverse condemnation action based on NROGO and declaratory judgment that owner be awarded permits for properties. Growth Management/Planning RBS Current Status: Responses to Case Management Order filed. Next Activity: County's Motion to Dismiss set for 6/26/06. M&H Billing to date: $18,526.41 as of 10/31/05. CAY Time: 18.4 Graves, Frank 111 v. Monroe County CA P 06-154 Circuit Court 16 Judge: Garcia Date Filed: 417106 Code Enforcement appeal Growth Management/Code Enforcement PJM Current Status: Record to be compiled by Appellant. Next Activity: Appellant's brief due 6/16/06. Time: 0.5 Costs: 0.00 Hardin Michelle v. Monroe County CA K 99-1046 Circuit Court 16 Judge: Miller Date Filed: 913199 Appeal of code enforcement decision. Growth Management/Code Enforcement RBS Current Status: Status review on pending motions. Next Activity: Hearing on Motion to Dismiss, tba. M&H Billing to date:$10,241.57 thru 8/31/05. CAY Time: 6.5 VA Johnson Lloyd v. Marlene Conaway CA K 02-1248 Circuit Court 16"Judge: Payne Date Filed: 10/30/02 Writ of Mandamus challenging Planning Director's determination that boundary determination by alleged error requires zoning map amendment. Growth Management/Planning JDS Current Status: Status report from Judge's chambers pending. Next Activity: If needed, schedule hearing on Motion to Dismiss. M&H Billing to date: $2,219.62 through 8/31/05. CAY Time: 3.4 Kalan, Suzanne v. Monroe County CA P 03-155 Circuit Court 16 Judge: Garcia Date Filed: 3/11/03 Inverse condemnation action. Growth Management/Code Enforcement RBS Current Status: Held in abeyance pending BUD hearing. Next Activity: Finalize motion for substitution of counsel. M&H Billing to date: $2,855.77 as of 8/31/05. CAY Time: 1.0 McIntyre, Edward v. Richard Roth & Monroe Count 80-1721-CIV-WMH US Dist. SDFIa. Judge: Hoeveler Date Filed: 7/8/80 Civil Rights action filed in 1980 over old jail facilities. Settled 12/1991. Constitutional OfficerlMCSO RBS Current Status: Status report being finalized. Next Activity: Status conference to be scheduled. CAY Time: 13.0 Costs: $86.77 (since March 2005) 0 Monroe County v. Matthew Bonnett CAK-05-911 Circuit Court 16 Judge: TBA Date Filed: 919/5 Code enforcement lien collection action authorized 10/17/04, $78,000. Growth ManagementlCode Enforcement PJM Current Status: DF's answer overdue. Next Activity: Move for default. Time: 6.8 hours Costs: $295.00 Monroe County v. Alain Y. Deplerrefeu CAK-03-1504 Circuit Court 16 th Judge: Jones Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the BOCC on 4/18/03. Growth Management/Code Enforcement RBS. Current Status: Negotiations ongoing. Next Activity: Motion to vacate default 7/26/6. V & B Fees billed to date: None CAY Time: 6.6 Costs: 0.00 Monroe County v. Alain Y. ❑e ierrefeu CAK-03-1507 Circuit Court 16 th Judge: Jones Date Filed: 12118/03 Code enforcement foreclosure action authorized by the BOCC on 4/18/03. Growth Management/Code Enforcement RBS Current Status: same as previous entry. Next Activity: Motion to vacate default 7/26/6. V&B Fees billed to date: None CAY Time: 3.5 hours Costs: 0.00 Monroe County v. Jack Hagopian CAP 03-529 Circuit Court 16 Judge: Garcia Date Filed: 1011103 Code enforcement collection action authorized by BOCC on 8/20/03. Fine exceeds $300,000.00 as of 1/1/6 and accruing at $250.00 per day. Growth Management/Code Enforcement RBS Current Status: Settlement agreement and check received. Next Activity: Monitor status of compliance. Time. 46.5 hours Costs: $801.70 Monroe County v. Dorothy Hough, et al CAP-05-160 Circuit Court 16" Judge: Garcia Date Filed: 416105 Action to collect unpaid code enforcement fine of $61,850.00. Growth Management/Code Enforcement RIBS Current Status: Settlement negotiations ongoing. Next Activity: Finalize settlement agreement. Time: 16.2 hours Costs: $596.00 Monroe County v. James Jean uenat CAP-05 317 Circuit Court 16 Ih Judge: Garcia Date Filed: 7118105 Collection action authorized by BOCC on 4/21/04. Fine exceeds 136,100.00. Growth Management/Code Enforcement RBS Current Status: Motion for Dismiss filed. Next Activity: Motion hearing TBA. Time: 3.7 hours Costs: $275.00 Monroe County v. Key Largo Ocean Resorts Coop, Inc. CAP-96-260 Circuit Court 16 Judge: Garcia Date Filed: 5/20196 Action to foreclose a code enforcement lien. Growth Management/Code Enforcement RBS Current Status: Development agreement application being reviewed. Next Activity: Status report due with the Court 7/1/06. Time: 41.5 hours Costs: $340.00 Monroe County v. Pedro Liz CAK-05-420 Circuit Court 16 Judge: Jones Date Filed: 4/22/05 Collection action authorized by BOCC on 7/17/03; fines exceed $816,300.00. Growth Management/Code Enforcement RBS Current Status: Guardian appointed. Motion for default cancelled. Next Activity: Waiting on bond of Guardian to receive answer. Time: 9.0 hours Costs: $555.00 10 Monroe County v. Mary Ellen Lloyd CAM-03-362 Circuit Court 16 Judge: Jones Date Filed: 12/19/03 Code enforcement foreclosure action authorized by the. BOCC 4/18/03. The total amount of the lien owed to the County is $143,500.00. Growth Management/Code Enforcement RIBS Current Status: Settlement offer to BOCC at July 2006 meeting. Next Activity: If not settled, mediation by 8/15/06. V&B Fees billed to date: None Costs: 0.00 CAY Time: 5.4 hours Monroe County v. Arthur Mehr CAP-05-348 Circuit Court 16 Judge: Garcia Date Filed: 815105 Code fine collection action. Fine exceeds $42,000.00, Growth Management/Code Enforcement RBS Current Status: — Discovery. Next Activity: Discovery. Time: 13.4 hours Costs: $850.00. Monroe County v. James Messera, et al CAK-03-1509 Circuit Court 16 Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the BOCC 4/18/03. Growth Management/Code Enforcement RBS Current Status: Discovery. Next Activity: Discovery. V & B Fees billed to date: 67.3 Costs: $1029.03 CAY Time: 3.0 Monroe Counly v. Outland Properties CAP-05-400 Circuit Court 16t5 Judge: Garcia Date Filed: 919/5 Collection action authorized by BOCC on 10/17/04. Fine over $225,000.00. Growth Management/Code Enforcement PJM Current Status: Defendant served. Next Activity: Discovery. Time: 1.6 hours Costs: 300.00 11 Monroe County v. Joe Posada, III CAK-03-1503 Circuit Court 16 Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the BOCC 4/18/03. Growth ManagementlCode Enforcement RBS Current Status: BOCC approved settlement agreement 5/16/06. Next Activity: Present agreement to Court to for final approval. V & B Fees & Costs billed to date: None. CAY Time: 8.1 hours Monroe County v. Virginia Sawyer & Tony Welters CAK-03-1505 Circuit Court 16 Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action that was authorized by the BOCC 7/15/03. Growth Management/Code Enforcement RBS Current Status: Settlement negotiations pending. Next Activity: If unsuccessful, move for summary judgment. V & B Fees billed to date: None Costs: 0.00 CAY Time: 2.0 Monroe County v. Virginia Sawyer CAK-03-1506 Circuit Court 16 Judge: Jones Date Filed: 12/18/03 Code enforcement foreclosure action that was authorized by the BOCC 7/15/03. Growth Management/Code Enforcement RBS Current Status: Court approved settlement agreement, injunction, lien. Next Activity: Enforcement if not compliance. V&B Fees & Costs billed to date: $11,745.44 CAY Time: 6.7 hours Monroe County v. Louis Welters CAK-04-639 Circuit Court 16 1h Judge: Jones Date Filed: 6M4/04 Code enforcement foreclosure action that was authorized by the BOCC 7/15/03. Growth ManagementlCode Enforcement RBS Current Status: Settlement negotiations pending. Next Activity: If unsuccessful, move for summary judgment. V&B Fees billed to date: None Costs: 0.00 CAY Time: 2.5 12 O'Daniel John & Theresa Hill v. Monroe County CA P 02-141 Circuit Court 16 Judge: Garcia Date Filed: 3113/02 Appeal of code enforcement action and vested rights claim. Growth Management/Code Enforcement/Planning JDS Current Status: Mandate from Third DCA received 1/13/06. Next Activity: Status inquiry with chambers pending. M&H Billing to date: $42,782.73 as of 10/31/05 CAY Time: 2.5 Neumon# Elizabeth et aL v. Monroe Count 99-10054-CV U.S. Dist. Ct., S.D.FIa. Judge: Paine Date Filed: 5/21/99 Class action challenging enactment of vacation rental ordinance. Growth Management/Planning RBS Current Status:' Briefs completed. Next Activity: None, await ruling. M&H Billing to date: $123,563.24. CAY Time: 0.5 Neumont Elizabeth et al. v. Monroe Count 04-13610-X 11 Circuit Court of Appeals Judges: TBA Date Filed: 7/15/04 Appeal of 99-10054-CV above. Growth Management/Planning RBS Current Status: Court certified question to Florida Supreme Court. Next Activity: None in 11th Circuit until certified question answered. Billing to date: $123,565.49 as of 8/31/05 (by former outside counsel). CAY Time: 4.5 13 Nunziante, Marilyn v. Monroe County CAK-04-1227 Circuit Court 16Judge: Jones Date Filed: 11/18/04 Suit challenging Bayshore's rule requiring family members to subsidize residents. Community Services/Social Services RBS Current Status: PL has passed away. Settlement offer pending. Next Activity: Settlement agreement before BOCC on 6/2116. Time: 83.2 hours Costs: 0.00 Oliveros, Joseph v. Ana M. Velazquez & Monroe County CA P 06--130 Circuit Court 16 Ih Judge: Garcia Date Filed: 3120106 Quiet title action to property conveyed via tax deed. Constitutional Officer/Clerk/Tax Collector RBS Current Status: County has no interest to defend in case. Next Activity: None. Time: 1.8 Costs: 0.00 Sierra Club, et al v. DCA. Miami Dade & City of Homestead 03-150-GM DOAH Judge: Maloney Date Filed: 1/17/03 County intervened in administrative challenge to amendment of Miami-Dade's comp. plan redesignating Krome Avenue to a major roadway (3 or more lanes). Growth Management/Planning JDS Current Status: Proposed Recommended Order filed 2/3/6. Next Activity: Await ruling by ALJ. Billing to date: None, pro Bono. (by former outside counsel). CAY Time: 6.0 Teal, Kimberly & Keith v. Michael Angel, Monroe County, et al CAM-04-404 Circuit Court 16 Judge: Payne Date1i..„-,.,, Filed1211/16/04 Declaratory judgment action over road in City of Marathon. Public Works/Roads and Bridges PJM Current Status: Pleadings & discovery completed. Next Activity: Mediation 6/26/06. Hearing on motion to dismiss 7/17/06. Time: 9.5 hours Costs: $133.00 m Troy, Daniel Scott v. Monroe County CAK 05-856 Circuit Court 16"' Judge: Jones Date Filed: 8/24/05 Mandamus action seeking after the fact building permits. Growth Management/Planning RBS Current Status: On appeal in 3D 05-2419. Next Activity: No brief will be filed Troy has removed structure per Herzog. Time: 2.0 hours Costs: 0.00 Troy, Daniel Scott v. Monroe County 3D 05-2419 Third DCA Judges: TBA Date Filed: 1017105 Appeal of denial of writ of mandamus in CA K 05-856. Growth Management/Planning RBS Current Status: Troy given until 6/3/06 to file his brief for faced dismissal. Next Activity: Will be dismissed according to appellant's counsel. Time:.7 Costs: 0.00 Walgreens & Gadinsky v. Monroe County CAK-05-266 Circuit Court 16 for Judge: Taylor ..,D,.- g y ate Filed: 3111105 Cert. review of DOAH order upholding 1/6 findings supporting denial of major conditional use application for Big Pine Walgreens. Growth Management/Planning RBS Current Status: Settlement approved by BOCC 5/16/06. Next Activity: Present settlement agreement to Court for OK 6/1916. Time: 41.0 hours Costs: $318.57 In re: Winn Dixie Stores Inc, 05-03817-3F1 U.S. Bankruptcy Ct., M.D.Fla. Judge: Jerry Funk Date Filed: 2/25105 Voluntary Ch11 case where County might have a claim against the estate. Bankruptcy RBS Current Status: Could find no basis for filing proof of claim. Next Activity: None needed. Time: 0.9 hours Costs: 0.00 `R CAY POST JUDGMENT CASES Evans Brian v. Monroe County, et al 04-CIV-10033-JLK U.S.Dist.,S.D.Fla. (Miami)Judge: King Date Filed: 516104 Money Judgment of $4,579.00 in favor of County & MCSO for rule 11 sanctions. Constitutional Officer/MCSO RBS Current Status: $4,579.00 in fees awarded to County & MCSO. Next Activity: Collection. CAY Time: 9.5 hours Costs: 0.00 Monroe County v. William L. Davis CAP-04-181 Circuit Court 16 Jud e• Garcia 111©at1i1 g e Filed: 4115104 Money judgment of $27,600.00 for unpaid code enforcement fines and costs. Growth Management/Code Enforcement RBS Current Status: — Final judgment of $28,431.00 recorded wl Dept. of State. Next Activity: Collection. Time: 62 hours Costs: $56.00 Monroe County v. Dan Gleason SCP-03-165 County Court (Sm. Claims) Judge: Ptomey Date Filed: 815103 Money judgment of $520.00 for unpaid code enforcement fines and costs. Growth Management/Code Enforcement RBS Current Status: Final judgment recorded wl Dept. of State. Next Activity: Collection. Time: 9.5 hours Costs: $65.92 Monroe County v. Lily Marks CAK-03-1152 Circuit Court 16 Judge: Jones Date Filed: 1012103 Money judgment of $795,270.00 for unpaid code enforcement fines and costs. Growth Management/Code Enforcement RBS Current Status: Final judgment entered for $795,270.00 on 519105. Next Activity: Collection. Time: 8.5 hours Costs: $55.00 `E:y POTENTIAL CASES THAT HAVE NOT YET BEEN FILED Assoc. for Disabled Americans & Wisniewski v. Shipswav, Inc. 06CV10034 U.S.D.C.S.D.Fla. Judge: King Date Filed: 4/7/6 ADA suit against owner and some tenants at Shipsway office building. County is a tenant but has not been named to date. Public Works/Facilities RBS Current Status: Monitoring suit since County not a party. Next Activity: Preliminary Injunction hearing 5/24/06 at 4pm. Time:2.4 Costs: 0.00 Ballard, Kandi v. Bergen Trust and Monroe County TBA TBA Judge: TBA Date Filed: TBA Personal injury case allegedly arising from County hurricane debris activity on property owned by Bergen Trust. Risk Management/Engineering RBS Current Status: Reviewing claim and information provided. Next Activity: None until/unless suit is filed. Time: 7.1 Costs: $0.00 BOCC v. Donald Brown and Glenda Rentz TBA Circuit (16) Judge: TBA Date Filed: TBA Code Enforcement Lien collections: BK11 Lt 9 & Lt 10 Coppit Sub Growth Management/Code Enforcement PJM Current Status: Demand letter sent. Next Activity: File suit if no response w/in 30 days. Time:0.5 Costs: 0.00 17 Bott, Andrew & Donna v. City of Marathon CA M 05-267 Circuit Court (6 Judge: Payne Date Filed: 9/30/05 Declaratory Judgment action challenging validity of affordable housing deed restriction City of Marathon inherited from County at time of incorporation. Growth Management/Planning RIBS Current Status: Appealed to Td DCA; Next Activity: None pending appeal. Time:13.5 Costs: 0.00 Bott Andrew & Donna v. City of Marathon 3DCA06-1261 Third DCA Judges: TBA Date Filed: 5/2416 Appeal of dismissal of declaratory judgment action over affordable housing deed restriction the City of Marathon inherited from County when it incorporated. Growth ManagementtPlanning RBS Current Status ' Reviewing record. Next Activity: Bott's brief due: 81216 Time:.5 Costs: 0.00 Circuit Court (16) Judge: Date Filed: Threatened action by condominium resulting from statements regarding platting requirements by Growth Management personnel. Growth Management/Planning JDS Current Status: Investigating claim & preparing response. Next Activity: Awaiting claimant's filing proper subdivision plat for approval. Time: 2.5 Costs: 0.00 Cormier Leonard TBA Circuit Court (16) Judge: TBA Date Filed: TBA Personal injury claim arising from alleged injuries at East Martello Risk Management/Public Works RBS Current Status: Assisting Risk with investigation of claim. Next Activity: Issue letter by 11/22/06. Time: 0.2 Costs: 0.00 1E:3 Coun WU Circuit Court (16"`) Judge: Date Filed: Bert J. Harris Act claim regarding two parcels of property owned by Lloyd Good. Growth Management/Planning RBS Current Status: Settlement discussions underway. Next Activity: None. Stayed during Good's application for major conditional use. Time: 8.6 hours Costs: $5.56 CA K 04- Circuit Court (16) Judge: Miller Date Filed: 716104 Potential personal injury claim by scooter accident victim and/or utility seeking damages from the County. Handled jointly with Johnson, Anselmo. Public Works/Roads and Bridges/Risk Management RBS Current Status: County depositions concluded; County not a party yet. Next Activity: None scheduled. Fees Billed to Date: 0.00 CAY Time: 14.1 Costs: 0.00 Lee Vera Estate of CP K 02-112 Circuit Court 16 Judge: Taylor Date filed: 5/14/02 County has claim in probate case for an elderly home loan & unpaid taxes. Housing Authority & Constitutional Officer RBS Current Status: File administratively closed by the Judge; discussions with heirs on settlement ongoing Next Activity: Re -open estate, sell property to clear all liens. Time: 2.9 Costs: m Monroe County v. Estate of Thomas O'Brien TBA Small Claims Monroe Judge: TBA Date Filed: Action against estate to collect unpaid ambulance bill ,of $861.81. Probate case is CP K 05-164. Emergency Services/EMS RBS Current Status: Settlement agreement approved by the probate court. Next Activity: Inventory filed; Awaiting payment. Time: 3.6 Costs: 0.00 State of Florida v. Monroe CountV TBA TBA Judge: TBA Date Filed: nla AG's Medicaid Fraud unit alleges over billings for ambulance services. Public Safety/Fire Rescue RBS Current Status: Waiting over a year for AG's office to setup conference. Next Activity: None scheduled. Time: 9.2 hours Costs: 0.00 Stewart Becky v. Monroe County TBA TBA Judge: TBA Date Filed: TBA Property damage claim ($3,287.13) arising from accident involving County vehicle in Ocala. County's claim against Stewart is $2,487.70. Risk Management RBS Current Status: Negotiations stalled due to offsetting claims. Next Activity: Defend suit if filed; file suit if appropriate. Time: 1.4 Costs: $0.00 20 CASES BEING LITIGATED BY OUTSIDE COUNSEL Ferencik, Libanoff, Brandt, Bustamante and Williams, P.A. Monroe County v. Bender & Associates et al CAK-03-915 Circuit Court 16 Judge: Jones Date Filed: 8/4103 Breach of contract and negligent misrepresentation action arising from the defective windows in the Gato building. Engineering/Construction Management RBS Current Status: Next Activity: Discovery ongoing. Discovery ongoing. Fees billed to date. $102,658.50 Costs: $12,720.38 (thru 4/20/06) Monroe County v. Jose Gonzalez CA K TBA Circuit Court 16th Judge: TBA Date Filed: TBA Possible breach R contract action against County's former architect. Engineering/Construction Management RBS Current Status: Discussions with Gonzalez Next Activity: Schedule meeting with staff & Gonzalez. Fees billed to Date: $11,119.87 Costs: $872.21 (thru 3/10/06) CAY Time: 12.5 Monroe County v. Lodge Construction, et al CAK-00-617 Circuit Court 16" Judge: Payne Date Filed: 5/11/00 Suit filed against general contractor Lodge Construction & its surety for breach of contract to build Gato Building. Engineering/Construction Management RBS Current Status: Motion to set before Senior Judge pending. Next Activity: Ruling on Senior Judge motion pending & trial date to be set. Fees billed to date: $298,595.26 Costs: $71,523.31 (thru 4/20/06). 21 Tropex Construction Service, Inc. v. Monroe „County CA P 06-44 Circuit Court 16 Judge: Garcia Date Filed: 1/30/06 Breach of contract suit filed by contractor who terminated contract to build Tavernier Fire Station before commencement of construction. Engineering/Construction Management RBS Current Status: Motion to dismiss pending. Next Activity: Set hearing on County's motion to dismiss. Billing Received to date: none. CAY Time: 1.1 Costs: 0.00 Johnson, Anselmo, Murdoch, Burke, Piper, & McDuff, P.A. Bauknight, Skaggs & Rockett v. Monroe County CAP-04-451 Circuit Court 16 Judge: Garcia cia Date Filed; 9124104 Inverse condemnation/takings case filed by Jimmy & Nancy Bauknight, Teague Skaggs, & Kathleen Rockett for three lots on Big Pine Key. Mayor served 10/4/4. Growth Management/Planning RBS Current Status: Third party complaint against State filed 1/11/06. Next Activity: Discovery. Fees billed to date: $832.24 Costs: 0.00 Baukni ht Skagns & Rockett v. Monroe Count 04-CV-10105 U.S. D.C. S.Fla. Judge: Moore Date Filed: 1111104 Inverse condemnation/takings case by owners of 3 Big Pine lots. Growth Management/Planning RBS Current Status: None. Next Activity: None. Fees billed to date: None Costs: 0.00 22 Bauknight, et al. v. Monroe County 05-10868-F 11 Cir. Ct. of Appeals Judge: TBA ©ate Filed: 2111/05 Property owners' appeal of denial of attorney's fees against the County Growth Management/Planning RBS Current Status: 611416 11 t" Circuit denied motion for rehearing. affirmed decision denying owners' fees. County awarded appellate costs. Next Activity: None; await 90 day period for expiration of time to petition U.S. Supreme Court for certiorari review. Fees billed to date: None. Costs: 0.00 Florida Key Deer v. Michael Brown & Gale Norton 90-10037-CIV-Moore U.S. Dist. Ct., SD Fla. Judge: Moore Date Filed: 412190 ESA case that resulted in permanent injunction barring FEMA flood insurance. Growth Management/Planning RBS Current Status: ' Injunction in place. 61916, Federal defendants moved for two month extension to produce revised biological opinion and new RPAs. Next Activity: On appeal, see 05-16374-II Billing to Date: none Costs: 0.00 CAY Time: 33.8 Paulson R.D. v. Florida Key Deer, et al 05-16374-11 11 Circuit Judges: TBA Date Filed. 11/10/05 Appeal of Southern District's injunction in 90-10037-CIV. County appeared as amicus curiae because denied intervention. See Case No.: 05-16990-I1. Growth Management/Planning RBS Current Status: Briefs complete. Next Activity: Awaiting decision by Court. Billing to date: none CAY Time: 0.5 Costs: 0.00 23 Monroe County v. Florida Key Deer, et al 05-16990-I1 17 Circuit Judges: TBA Date Filed: 12/12/05 Appeal of denial of County's motion to intervene in 90-10037-CIV. Growth Management/Planning RBS Current Status: Briefs complete. Next Activity: Await decision by the Court. Billing to Date: None CAY Time: 1.0 Florida Key Deer, et al v. Gale Norton Sec. of Interior 05-10063-CIV-KING U.S.D.C. S.D.Fla. Judge: King Date Filed: 6/15105 ESA challenge to F&WS review of construction of park on Big Pine Key. Engineering/Construction Management RBS Current Status: Dismissed with prejudice by agreement on 2/13/06 because revised biological opinion satisfactory to Plaintiffs. Next Activity: Resolve any attorneys fees & costs motions. Fees billed to date: $612.50 Costs: 0.00 CAY Time: 6.5 Hyland, Thomas G. v. D. Kolhaae & R. Thurston 04-10102-CIV U.S.D.C.SD.Fla. Judge: Highsmith Date Filed: 10/21/04 Civil Rights action against Deputy Clerk of Court by inmate. Constitutional Officer/Clerk RBS Current Status: Discovery. Next Activity: Answers to interrogatories due July 5, 2006. CAY Time: 8.6 Fees & Costs billed to date: $5,207.12 FKCC & Last Stand v. FL Admin. Comm., Monroe County_ DOAH 04-2756 DOAH Judge: Carolyn Holifield Date Filed: 08/05/04 Administrative Rule challenge to partnership agreement with State. Growth Management/Planning RBS Current Status: Final Order in County's favor issued 6/29/05. Next Activity: None pending appeal. Fees billed to date: $59,464.92 Costs: 0.00 CAY Time: 190.1 hours FKCC & Last Stand v. FL Admin. Comm., Monroe County, et al 31305-1800 Third DCA Judges: TBA Date Filed: 7/28/05 Appeal of ALJ's decision denying rule challenge in DOAH 04-2756. Growth Management/Planning RBS Current Status: County's brief done. Next Activity: FKCC's brief due 71716. Fees billed to date: none CAY Time: 0.5 hours Costs: 0.00 Hardee Evelyn v. Monroe Count CAP-05-255 Circuit Court 16 Judge: Garcia Date Filed: 613105 Tort action arising from alleged fall at PK Court house. Settled for $25,000.00. Risk Management/Public Works RBS Current Status: Dismissed 617106. Next Activity: Once final bill paid, close file. Fees billed to date: $5694.33 (thru 1/31/06), CAY Time: 10.3 hours 25 Kessler Stuart v. Monroe County & Tom Willi CA K 05-1006 Circuit Court 16 Judge: Jones Date Filed: 10/11/2005 Whistle -Blower & Civil Rights claim by former employee. Human Resources/Risk Management RBS Current Status: 411116 Court dismissed 2 of 4 counts, 2 counts remain. Next Activity: Kessler's deposition scheduled for 7/11/06. Fees & Costs billed to date: $11,554.97 (thru 1/31/6) CAY Time: 28.8 Neuman Kenneth v. Monroe Count CAK-04-663 Circuit Court 16 Judge: Jones Date Filed: 6/21/04 Action for damages and to compel County to issue building permits. Growth ManagementlPlanning RBS Current Status: Discovery. Next Activity: Settlement conference 6/16/06. Fees billed to date: $2,326.92 Costs: 0.00 CAY Time: 5.8 hours Riverview Consultants, Inc. v. Monroe County CAK-05-373 Circuit Court 16"' Judge: Jones Date Filed: 4/13/05 Case alleging tortious interference with contract by airport DBE subcontractor. Risk Management/Airports/MCSO PJM Current Status: Next Activity: Discovery. Discovery ongoing. Fees billed to date: $743.86 Costs: 0.00 CAY Time: 13.9 hours 1410 Paul, Hastings (Bob Freilich & Derek Howard) Collins Thomas et al v. Monroe Count CAM-04-379 Circuit Court 16Judge: Payne Date Filed: 11/22/04 Takings action brought by 11 groups of plaintiffs. Growth Management/Planning RBS Current Status: Discovery. Next Activity: Case management conference to be reset. Total Fees billed to date: $898,362.59 (thru 6/5106) CAY Time: 158.8 hours Costs: $90,302.13 Emmert Helen & Greg v. Monroe County CA P 02-520 Circuit Court 16 Judge: Garcia Date Filed: 1012102 Inverse condemnation and vested rights action. Growth ManagementlPlanning RBS/JDS Current Status: 4111/6, Court dismissed Counts 1 & 2 (Ct. 3 still pending). Next Activity: Court reviewing motion for reconsideration of dismissal. P, H Billing to date: None M&H Billing to date: $94,550.56 as of 10/31/05 CAY Time. 15.5 Galleon Bay v. Monroe County v. State of Florida CA K 02-595 Circuit Court 16 Judge: Payne Date Filed: 5/21/02 Inverse condemnation and vested rights action. Growth Management/Planning RBS Current Status: 6/13/06, Jury determined property worth $3million currently. Next Activity: 6/21/06 — closed session with BOCC on appellate options. M & H Billing to date: $54,322.5 thru 1/25/06. Paul, Hastings Billing: $245,016.00 Costs: $3,742.59 CAY TIME: 56.5 P% The Smith Law Firm Monroe County v. Post Buckley, Schuh, and Jernigan CAK-95-402 Circuit Court 16th Judge: Payne Date Filed: 3/30/95 Malpractice claim against the County's former engineering firm for miscalculation of bonds necessary to finance improvements to Card Sound Road. Engineering RBS Current Status: Settled remaining issue. Next Activity: Close file once dismissed by Court. Fees & Costs billed to date: $645,991.54 (doesn't include PBSJ fees paid of $282,745.01) Vernis & Bowling of the Florida Keys, P.A. GAP Properties of SW Florida-1Inc. v. Monroe Count CAK-04-1321 Circuit Court 16 th Judge: Jones Date Filed. 12/10/04 Cert. review of action involving failure to obtain plat approval of dock subdivision and an improper change of use without a major or minor conditional use permit. Growth Management/Planning RBS Current Status: None pending appeal. See below. Next Activity: None. Fees billed to date: $26,875.00 Costs: $306.43 GAP Properties of SW Florida-1Inc, v. Monroe Count 3D05-2413 Third DCA Judges: Date Filed: 12110/04 Second tier certiorari review of action involving failure to obtain plat approval of dock subdivision and an improper change of use without a major or minor conditional use permit. Growth Management/Planning RBS Current Status: Certiorari denied 4/21/06. Next Activity: None. Close once final bill paid. Fees billed to date: trial court costs & fees. 0.11 Key Tex S. D. Condo Assoc. v. Monroe Count & T. McGarry CAK-04-224 Circuit Court 16 th Judge: Jones Date Filed: 312104 Action to prevent County from denying permits because of ownership conversion to condominiums and compel County to accept permit applications. Growth Management/Planning RBS Current Status: Dismissed with prejudice 6/13/06. Next Activity: Awaiting appeal period to expire 7/14/06. Fees billed to date: $32,290.50 Costs: $2,540.84 Osborn Jeff v. Monroe Count CAP-04-564 Circuit Court 16 Judge: Garcia Date Filed: 11/24/04 1 of 2 certiorari petitions challenging development approval of Northstar project. Growth Management/Planning RBS Current Status: Court denied petition 12/14/05. Next Activity: None pending appeal. Fees billed to date: $14,039.50 Costs: $261.49 Osborn Jeff v. Monroe County 31306-52 Third DCA Judges: TBA Date Filed: 1111106 Certiorari appeal of CA P 04-564 on Northstar Project. V & B handling. RBS Growth Management/Planning Current Status: Oral argument heard 6/14/06. Next Activity: Await ruling from the Court. Billing received to date. see billings for CA P 04-564. Osborn, Jeff v. Monroe County CAP-04-565 Circuit Court 16 Judge: Garcia Date Filed: 11/24/04 2 of 2 certiorari petitions challenging development approval of Northstar project. Growth Management/Planning RBS Current Status: 511516 — Court denied certiorari. Next Activity: None. Appellate period expires 6/16/06. Fees billed to date: $3,920.50 Costs: $146.93 29 Assigned Assistant County Attorney PJM = Pedro Mercado JDS = Jerry Sanders RBS = Bob Shillinger 30