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Item Q1 Memorandum To: Richard Collins, County Attorney From: Bob Shillinger, Asst. County Attorney Date: March 14, 2005 Re: March 2005 litigation report NEW CASES FILED AGAINST THE COUNTY BaukniQht, et al. v. Monroe County TBA 11th 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 plaintiffs. County had removed the case to Federal Court; plaintiffs sought remand and attorneys fees. Case was remanded to state court but fees denied. Growth Management Status: Appeal being litigated by Johnson, Anselmo who handled underlying case. Next Activity: Appellant's brief due. Billing to Date: None. Fed. Nat'l MortQ. Assoc. v. M. Coleman, Monroe County, et ai, 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 Article V liens imposed against a person claiming interest in the property. Mayor served 2/28/05. Current Status: Assigned to ACA Mercado. Next Activity: Responsive pleading due March 21,2005. Time: .5 Costs: 0.00 WalQreens & Gadinsky v. Monroe County CA P 05-120 16th Circuit Judge: Garcia Date Filed: 3/11/05 Petition for certiorari review of DOAH administrative order upholding 1 of 6 findings supporting denial of major conditional use application for redevelopment of Big Pine Scotty's into Walgreens. No service as of this date. Current Status: File with Court for preliminary review. Next Activity: Respond if Court finds petition sufficient. Time: .5 Costs: 0.00 CASES CLOSED WITHIN LAST MONTH EleQant Kitchens & Baths, Inc. et al v. MC Contractor's Board 3D04-2993 Third DCA Judge: TBA Date Filed: 11/29/04 Certiorari review to Third DCA of next entry. (ACA Mercado). Growth Management/Building/Contractor's Examining Board Status: Cert. denied, County prevailed. Next Activity: Close. Time: 10.5 Costs: 0.00 EleQant Kitchens & Baths, Inc. et al v. MC Contractor's Board CA M 03-312 Circuit Court 16th Judge: Jones Date Filed: 10/30/2003 Appeal from Contractor's Examining Board of a violation for aiding and abetting an unlicensed contractor. ACA Mercado is handling this case. Growth Management/Building/Contractor's Examining Board Status: County prevailed; Court affirmed Contractor's Board's decision. Next Activity: Close. Time: 17.0 Costs: 0.00 Hinote Construction v. Monroe County CA P 03-344 Circuit Court (16th) Judge Garcia Date Filed: 6/18/2003 Civil Rights action arising out of a denial by the Planning Commission of a transfer of commercial square footage to the proposed Walgreen's in Key Largo. Growth Management. Current Status: Plaintiff execute release 2/24/05. Next Activity: Close file. Time: 26.5 hours Costs: $50.46 Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03-765 Circuit Court (16th) Judge: Payne Date Filed: 817/03 Bail bond appeal in State v. James Thomas Hastings, 2003 MM 1845 K. Current Status: Court dismissed appeal on 6/3/04. Next Activity: Close file. Time: 8.7 hour Costs: none to date 2 Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03-754 Circuit Court (16th) Judge: Payne Date Filed: 817/03 Bail bond appea in State v. David Paul Saunders, 2002 MM 2083 K. Current Status: 12/6/04, Court affirmed trial court's ruling; County prevailed. Next Activity: Close file. Time: 8.8 hour Costs: none to date Smart PlanninQ & Growth Coalition v. Monroe County CA P 04-8 Circuit Court 16th Judge: Payne Date Filed: 1/13/04 Certiorari Petition and Declaratory Judgment act alleging that County's settlement with Hinote Construction, Inc. is inconsistent with compo plan. Growth Management Status: Closed. Next Activity: Close file. Time: 30.0 hours Costs: Stevenson, MK v. Monroe County 3D04-1715 Third DCA Judges: TBA Filed: 6/20/04 Appeal of Judge Payne's ruling upholding majority of Code Enforcement Special Master's decision regarding Caribbean Village storage sign. Current Status: Case returning to circuit court for disposition. Next Activity: Close file. Time: 1.0 hours Costs: none Turner, Marcia v. Monroe County CA P 04-329 Circuit Court 16th Judge: Garcia Date Filed: 7/8/04 Appeal of order entered by Code Enforcement Special Master Growth Management/Code Enforcement Status: Dismissed by Court. No appeal taken. Final order. Next Activity: Close. Time: 3.6 Costs: 0.00 3 GENERAL LITIGATION Charles, Marie v. Monroe Countv EEOC 150-2005-00083 EEOC Miami Date Filed: 10/15/04 Allegations of civil rights violation due to discrimination on national origin. Community Services/Transportation Status: EEOC closed its investigation due to insufficient evidence. Next Activity: Charles has 90 days to file suit or waive claim Time: 12.5 Costs: 15.00 Clav, Robert Leefi John & Li ChiunQ Movant v. Monroe Countv CA M 04-05 Circuit Court 16t Judge: Jones Date Filed:01/05/04 Mandamus Petition/takings case regarding Big Pine properties. Mayor served 1/8/04. Growth Management. Status: Court approved settlement agreement. Next Activity: Awaiting dismissal by Petitioners. Time: 3.3 Costs: None Collins, Thomas et al v. Monroe Countv Circuit Court 16th Judge: Payne Takings action brought by 11 groups of plaintiffs. Growth Management; CAY co-counsel with Freilich, Leitner & Carlise. CA M 04-379 Date Filed: 11/22/04 Status: Discovery. Next Activity: Motion to continue 3/22/05 partial summary judgment hearing set for 3/15/05. Deposition set for 3/15/05. Time: 54.0 Costs: 0.00 DrewinQ, Janice v. Monroe Countv Third DCA Judges: TBA Date Filed: Appeal of denial of writ of mandamus in personnel matter. Community Services/Social Services 3D 04-3044 11/29/04 Status: Appellant's brief due March 15, 2005. Next Activity: Respond to Appellant's brief. Time: 2.1 Costs: 0.00 4 DrewinQ, Janice v. James Roberts as County Administrator CA K 04-686 Circuit Court 16th Judge: Jones Date Filed: 6/25/04 Mandamus action seeking hearing in personnel dispute between plaintiff and her supervisor Louis Latorre. Community Affairs/Social Services Status: Drewing appealed Circuit's denial of writ to Third DCA. Next Activity: Stayed pending appeal. Time: 19.5 Costs: 0.00 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 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. MCSO Current Status: Court awarded County & Sheriff $4579.00 in attorney's fees against Evans for filing frivolous suit. Decision appealed. Next Activity: Collection Time: 9.5 Costs: 0.00 Florida Keys Citizens Coalition v. State & Monroe County DOAH 04-2756 DOAH Judge: Carolyn Holifield Date Filed: 08/05/04 Administrative Rule challenge to agreement with State. CAY co-counsel with Johnson, Anselmo. Growth Management Current Status: Proposed final orders subm itted 1/28/05. Next Activity: Awaiting decision by Administrative Law Judge. CAY Time: 178.6 Costs: TBA Monroe County v. Florida Detroit Diesel SC K 05 TBA County Court (Sm. Claims) Judge: Date Filed: 3/11/05 Collection action seeking reimbursement for $4,905.00 in clean up costs associated with improperly installed machinery. Fleet management/Risk Management Current Status: Complaint filed. Next Activity: Serve Defendant. Time: 12.2 Costs: $112.00 5 Monroe County v. Mark FraleiQh CAP 03-647 Circuit Court (16th) Judge: Garcia Date Filed: 12/8/3 Ejectment action against owner of structures located on County right-of-way. Public Works. Current Status: Discovery ongoing. Next Activity: Discovery, negotiations. Time: 19.5 Costs: NONE Neuman, Kenneth v. Monroe County CA K 04-663 Circuit Court 16th Judge: Jones Date Filed: 6/21/04 Action for damages and to compel County to issue building permits for property on Big Pine. County settled similar suit in April. Mayor served 6/25/04. Growth Management Status: CAY serving as co-counsel. Discovery phase. Settlement negotiations ongoing. Next Activity: Discovery. Time: 5.8 Costs: 0.00 Nunziante, Maril*n v. Monroe County CA K 04-1227 Circuit Court 16t Judge: Jones Date Filed: 11/18/04 Suit over admission practices at Bayshore Manor seeking to invalidate practice of requiring family members to subsidize those who can't afford the full rate. Community Services/Social Services; Mayor served 11/19/04. Status: Discovery. Next Activity: File Answer. Time: 55.2 Costs: 0.00 6 Osborn, Jeff v. Monroe County CAP 04-565 Circuit Court 16th Judge: Garcia Date Filed: 11/24/04 Second of two certorari petitions challenging development approval given on the Northstar project. Growth Management. No service yet. Status: Awaiting ruling by Court on whether petition states a claim. Next Activity: Respond to petition and Court's order, if entered. Time: 0.1 Costs: 0.00 PBP Marina, Inc. v. Monroe County CA K 02-561 Circuit Court (16th) Judge: Payne Date Filed: May 2002 Cert. Petition appeal from denial of rezoning on Geiger Key Marina. Growth Management Current Status: BOCC agreed to rehear issue at 4/20/05 BOCC meeting. Next Activity: Execute settlement agreement, set up hearing for April 20th. Time: 22.2 hour Costs: none to date Teal, Kimberly & Keith v. Michael AnQel, Monroe County, et al CA M 04404 Circuit Court (16th) Judge: Payne Date Filed: 12/16/04 Declaratory judgment action by property owners seeking half of a road purportedly abandoned by County and then quitclaimed to City of Marathon which was subject of litigation in 2002. Public Works Status: County filed motion to dismiss on 1/7/05. Next Activity: Hearing on motion to be set. Time: 1.3 Costs: 0.00 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 building permits for property on Big Pine. County settled similar suit in April. Growth Management Status: Settled; 3 of 4 releases issued. Next Activity: Dismissal if DCA doesn't object to permits. Time: 2.9 Costs: 0.00 7 POTENTIAL CASES THAT HAVE NOT BEEN FILED Lloyd Good v. Monroe County CA K 04 ----- Circuit Court (16th) Judge: Date Filed: On 11/24/03, the County was served with notice of a claim under the Bert J. Harris Act regarding two parcels of property owned by Lloyd Good. Growth Management. Current Status: Settlement discussions underway. Next Activity: conditional use. None. Stayed during Good's application for major Time: 2.1 hours Costs: $5.56 TSA v. Monroe County Aviation Department 2004 FLL 0048-51,54 TSA Admin. Hearing ALJ: TBA Date Filed: 5/18/2004 KWIA received notice of proposed civil penalty ($10,000) on each of five alleged security violations. Settled five cases for $7000.00 Key West International Airport Status: Settlement approved 2/16/05. Next Activity: Finalize paperwork, close files. Time: 32.2 Costs: $7000.00 CODE ENFORCEMENT APPEALS Decker, Harry v. Monroe County 3D05-305 Third DCA Judges: TBA Date Filed: 2/14/05 Appeal of circuit court's decision upholding Code Enforcement Special Magistrate's decision finding property owner in violation of OSTDS ordinance. Growth Management/Code Enforcement Status: March 9, 2005, Third DCA ordered County to file response. Next Activity: County's response due April 11 , 2005. Time: 1.0 Costs: 0.00 8 Decker, Harry v. Monroe County Circuit Court 16th Judge Payne This is an appeal of a code enforcement OSTDS case. CA K 01-1252 Date Filed: 10/5/01 Current Status: Decker appealed this decision to Third DCA on 2/14/5. Next Activity: None, pending appeal. See 3D-05-305. Time: 19.0 hours Costs: none Eads, Barbara v. Monroe County CAP 03-117 Circuit Court 16th Judge Garcia Date Filed: 2/27/03 This is a code enforcement appeal of the special master's order finding the Lowe House to be in unsafe condition and setting forth a compliance schedule. Status: Appeal stayed pending review by HPC. Next Activity: Status check 4/1/05. Time: 3.6 hours Costs: none Fuchs, WalburQa v. Monroe County Circuit Court (16th) Judge Vernon This is a code enforcement appeal of an OSTDS case. CA K 01-1251 Date Filed: 10/5/01 Current Status: The County's brief filed. Next Activity: Await Court's decision. Time: 11.5 hours Costs: none Stevenson, MK v. Monroe County CA K 02-257 Circuit Court 16th Judge Payne Filed: 2/26/02 Appeal of a finding that Caribbean Village storage sign was an off premises sign. Current Status: Appeal and cross appeal of this decision dismissed by both parties. Next Activity: Await return of jurisdiction from 3d DCA so can issue mandate to code enforcement special magistrate. Time: 31.0 hours Costs: none 9 CODE ENFORCEMENT FORECLOSURES/COLLECTIONS Monroe County v. Mario Alfonso CA K 03-1458 Circuit Court (16th) Judge: (none yet) Date Filed: 12108/03 Code enforcement foreclosure action authorized by the sacc on 6/18/03. Fine fixed at $91,450.00. Current Status: Settled. Next Activity: Awaiting sale by Defendant. Time: 23.6 hour Costs: $151.70 Monroe County v. Holly Grace Blandeaux SC K 05-TBA Small Claims Judge: TBA Date Filed: TBA Code enforcement collection action authorized by sacc on 7/14/04. Fine is fixed at $584.88. Current Status: Demand letter returned unclaimed, complaint drafted. Next Activity: File suit in small claims court. Time: 2.4 Costs: 0.00 Monroe County v. Patricia Cambo, et al CA K 04 578 Circuit Court (16th) Judge: Payne Date Filed: 5/27/04 Action authorized by the sacc 12/17/3. Fine fixed at $62,800.00. Three defendants: M/M Joel Rogers, current owners; Patricia M. Cambo, violator/former owner. Settled for $10,000.00. Current Status: Agreement with Mayor for signature. Next Activity: Finalize paperwork, close case. Time: 16.7 hour Costs: $0.00 Monroe County v. Dirk Damrau CA K 05 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action authorized by the sacc 6/18/03. Fine was $169,900.00 as of 7/18/03 and accruing at $200.00 per day. Current Status: Compliance achieved. Next Activity: File suit. Time: 1.6 hour Costs: none to date 10 Monroe County v. William L. Davis CA P 04-181 Circuit Court (16th) Judge: Garcia Date Filed: 4/15/04 Action to collect $29,500.00 code enforcement fine from former owner of property who fraudulently sold property to innocent owner. OF in Federal prison. Current Status: Motion for Final Judgment filed. Next Activity: Hearing on motion scheduled for 4/13/05. Time: 5.6 hour Costs: $21 .00 Monroe County v. Reinaldo DelQado & Lourdes Nunez CA P 05 TBA County Court (Civil) Judge: ptomey Date Filed: TBA Collection action authorized by sacc on 6/16/04. Fine set at $6600.00. Current Status: Researching issues raised by owners re: timely compliance. Next Activity: Status check 3/1/5. Time: 2.0 Costs: 0.00 Monroe County v. Dan Gleason SC P 03 - 165 Small Claims Court Judge: ptomey Date Filed: 8/5/03 Small claims action for a money judgment to collect $520.00 in unpaid code enforcement fines and costs authorized by the sacc in April of 2003. Current Status: Final judgment registered w/ Oept. of State. Next Activity: Continue w/ enforcement proceedings. Time: 9.5 hours Costs: $65.92 Monroe County v. Marshall Golnick CC K 04-TBA County Court Judge: TBA Date Filed: TBA Collection action authorized by sacc on 6/16/04. Fine set at $11,300.00. Current Status: Title search complete. Next Activity: File suit. Time: 6.5 Costs: 0.00 11 Monroe County v. Jack HaQopian, CA P 03-529 Circuit Court (16th) Judge: GARCIA Date Filed: 10/1/03 Code enforcement collection action authorized by sacc on 8/20/03. Fine was $203,100.00 as of 9/30/03 and accruing at $250.00 per day. Current Status: County filed Motion for Summary Judgment. Next Activity: Motion for summary judgment hearing, tba. Time: 9.1 Costs: $20.00. Monroe County v. Dorothy HouQh CA P 05 (TBA) Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by sacc on 9/17/03. As of 9/25/3 lien valued at $25,050.00 and accruing at $50.00 per day. Current Status: Title search complete. Next Activity: File suit. Time: 1.0 Costs: none Monroe County v. James Jeanquenat CA P 05 ------------ Circuit Court (16th) Judge: Date Filed: Code Enforcement collection action authorized by sacc on 4/21/04. As of that date, the fine was $136,100.00 and accruing at $500.00 per day. Current Status: Negotiating with owner. Next Activity: Status check 4/1/05. Time: .7 Costs: none Monroe County v. Key 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 Growth Management. Next Activity: Status report due 4/1/05. Time: 36.6 hours Costs: $340.00 12 Monroe County v. Pedro Liz (Bakery) CA K 05 (TBA) Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by sacc on 7/17/03 when fine was $119,900.00 and accruing at $200.00 per day. Current Status: Title search complete. Next Activity: File suit. Time: 1.0 Costs: none Monroe County v. Pedro Liz (Trailer) CA K 05 (TBA) Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by sacc on 9/17/03. As of 9/25/3 lien valued at $133,300.00 & accruing at $200 per day. Current Status: Title search in progress. Next Activity: File suit. Time: .5 Costs: none Monroe County v. Lily Marks CA K 03-1152 Circuit Court (16th) Judge: Jones Date Filed: 10/2/3 Two code enforcement collection actions authorized by sacc on 8/20/03 and 12/27/03. As of 5/26/04, fines totaled $537,950.00 and accruing at $750/day. Current Status: Discovery. Next Activity: Move for summary judgment. Time: 4.0 Costs: $20.00 Monroe County v. Arthur Mehr (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the sacc 6/18/03. Fine had reached $28,380 on 7/18/03 and continues to accrue at $20 per day. Current Status: Title search complete. Next Activity: File suit. Time: 2.1 hour Costs: $150.00 13 Monroe County v. Safe Harbor Marine Railway Corp. CA K 05 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the sacc 6/18/03. As of 1/1/4, lien totaled $106,700.00. Current Status: Title search pending. Next Activity: File suit once search is complete. Time: 1.5 hour Costs: none to date Monroe County v. Joseph Sutton CA K 05 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the sacc 6/18/03. Fine was approximately $18,000.00 when compliance achieved. Current Status: Property in compliance. Negotiating with owner. Next Activity: Status report 2/1/5. Time: 1.5 hour Costs: none 14 CASES BEING LITIGATED BY OUTSIDE COUNSEL (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: 8/4/03 Suit filed against Bender & Associates, D.L. Porter Constructors, Inc., Security Impact Glass Holdings, L.L.C., and Preservation Services, Inc. for breach of contract and negligent misrepresentation arising from the defective design, fabrication, and/or installation of the windows in the Gato building. Status: Discovery ongoing. Next Activity: Motion to dismiss 3/17/05. Billing to date: $39,676.00 Costs: $5,603.78 Monroe County v. LodQe Construction. et al. CA K 00-617 Circuit 16th Judge: Payne Date Filed: 5/11/2000 Suit filed against general contractor Lodge Construction & its surety for breach of contract to build Gato Building. Status: Reserved on appeal November 24, 2004. New trial granted. Mandate issued 2/16/05. Next Activity: Set for trial. Billing to date: $297,767.75 Costs: $71,522.28 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 Management CA M 04-379 Date Filed: 11/22/04 Status: County filed Third Party complaint. Waiting to serve the State. Next Activity: 3/22/05. Serve state; discovery, motions. Hearings 3/15/05 & Billing to date: $55,429.49 15 Johnson, Anselmo Murdoch Burke & George BaukniQht, Ska~s & Rockett v. Monroe County CA P 04-451 Circuit Court 16 Judge: Garcia Date Filed: 9/24/04 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 Status: Federal Court remanded to state court. Next Activity: Discovery. Billing to date: $832.24 Costs: 0.00 BaukniQht, SkaQQs & Rockett v. Monroe County 04 CV 10105 U.S. D.C. S.Fla. Judge: Moore Date Filed: 11/1/04 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 Status: Federal Court remanded to state court. Attorney's fee motion appealed to 11 th Cricuit Next Activity: None. Billing to date: none Costs: 0.00 Florida Keys Citizens Coalition v. State & Monroe County DOAH 04-2756 DOAH Judge: Carolyn Holifield Date Filed: 08/05/04 Administrative Rule challenge to agreement with State to fund purchases of environmentally sensitive lands, provide perm its for workforce housing, etc; CAY serving as co-counsel. Growth Management Status: Recommended final order filed 1/28/05. Next Activity: Awaiting decision of Court. Billing to Date: $59,464.92 16 Moore, Russell v. Monroe County CA P 04-452 Circuit Court 16th Judge: Garcia Date Filed: 9/24/04 Mandamusllnverse condemnation/takings case filed for one lot on Big Pine. Mayor served on 10/4/4. Growth Management Status: Discovery ongoing. Next Activity: Discovery. Billing to Date: $499.50. Neuman, Kenneth v. Monroe County CA K 04-663 Circuit Court 16th Judge: Jones Date Filed: 6/21/04 Action for damages and to compel County to issue building permits for property on Big Pine. CAY serving as co-counsel. Growth Management Status: Discovery. Next Activity: Discovery. Billing to Date: $2,326.92 Purdy, Jolly & Giuffreda, P.A. Evans, Brian v. Monroe County 04-CIV-10033-JLK U.S.Dist.,S.D.Fla. (Miami) Judge: King Date Filed: 5/6/04 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. MCSO Current Status: Court awarded County & Sheriff $4579.00 in attorney's fees against Evans for filing frivolous suit & denied Evan's motion to stay enforcement of judgment pending appeal. Next Activity: Collection. Billing to Date: none Costs: 0.00 17 Evans, Brian v. Monroe County, et al. CIV S 04-1042 LRH U.S. D.C. Nevada Judge: Date Filed: 7/28/04 Same allegations as Evans v. Monroe County, et a/,_04-CIV-1 0033-JLK, see above, where County is seeking sanctions against Evans for vexatious and frivolous litigation. MCSO Current Status: Evans has appealed dismissal by Court. County & Sheriff seeking attorney's fees. Next Activity: Awaiting court's ruling on attorney's fee motion. Billing to Date: none Costs: 0.00 Evans, Brian v. KW Citizen, Monroe County, et al CV S 04-1742-KJD-LRL U.S. Dist. Ct. Nevada Judge: Date Filed: 1/6/2005 Latest suit by chronic litigant/lounge singer claiming that he was defamed by misstatements by MCSa employee printed in Key West Citizen. MCSO Status: Evans voluntarily dismissed case on 2/11/05. Evans states he is going to or has re-filed case. Next Activity: Await service. Time: .2 Costs: 0.00 Evans, Brian v. MCSO, Monroe County, et al. 04-17429 9th Circuit Court of Appeals Judges: TBA Date Filed: 12/09/2004 Appeal of Nevada Court's dismissal of suit against County, Sheriff, and State Attorney on jurisdictional grounds. Status: Appeal will be litigated by MCSa's insurer's counsel. Next Activity: Evan's brief is due on March 7,2005. Time: .2 Costs: 0.00 18 Evans, Brian v. MCSO, Monroe County, et al. 05-10077-B 11th Circuit Court of Appeals Judges: TBA Date Filed: 1/5/2005 Appeal of Judge King's order imposing sanctions and awarding attorney's fees against Evans for filing a frivolous lawsuit. MCSO Status: Appeal filed. Carrier counsel (Purdy) will defend appeal. Next Activity: Evans brief. Time: .2 Costs: 0.00 The Smith Law Firm Monroe County v. Post Buckley, Schuh, and JerniQan CA K 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. Public Works Current Status: Set for trial, 6/6/05. Next Activity: Motion to dismiss hearing 3/21/05. Billing to date: $337,714.55 Vernis & Bowling of the Florida Keys, P.A. GAP Properties of SW Florida-I, Inc. v. Monroe County CA K 04-1321 Circuit Court (16th) Judge: Jones Date Filed: 12/10/2004 Certiorari review of final administrative action involving dock condominium conversion on Stock Island. Growth Management Status: Motions pending. Next Activity: Hearing on motion to dismiss 3/21/05. CAY Time: 1.5 Billing to date: none 19 Key Tex S. D. Condo Assoc. v. Monroe County & T. McGarry CA K 04-224 Circuit Court (16th) Judge: Jones Date Filed: 3/2/04 Petition for Prohibition to prevent County from denying permits because of ownership conversion to condominiums and Mandamus to compel the building department to accept permit applications that have been placed on hold. Growth Management Status: 4 of 5 counts dismissed with prejudice. One remaining count challenging constitutionality of S 9.5-49 of the Code. Next Activity: Nothing scheduled. Billing to date: $31,716.90 Monroe County v. Mary Boza, CA K 03-1508 Circuit Court (16th) Judge: Vernon Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the BOCC on 4/18/03. Current Status: Motions & discovery. Next Activity: Hearing set for 5/11/05. Billing to date: none. Monroe County v. Alain Y. Depierrefeu, CA K 03-1504 Circuit Court (16th) Judge: Vernon Date Filed: 12/18/2003 Code enforcement foreclosure action authorized by the BOCC on 4/18/03. Current Status: Complaint filed. Next Activity: Hearing 3/18/05. Billing to date: none Monroe County v. Alain Y. Depierrefeu, CA K 03-1507 Circuit Court (16th) Judge: Vernon Date Filed: 12/18/2003 Code enforcement foreclosure action authorized by the BOCC on 4/18/03. Current Status: Complaint filed. Next Activity: Hearing 3/18/05. Billing to date: none 20 Monroe County v. Mary Ellen Lloyd, CA M 03-362 Circuit Court (16th) Judge: Jones Date Filed: 12/19/03 Code enforcement foreclosure action authorized by the BOCC 4/18/03. Current Status: Filed. Next Activity: Discovery Billing to date: none Monroe County v. James Messera, et al CA K 03-1509 Circuit Court (16th) Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the BOCC 4/18/03. Current Status: Filed. Next Activity: Discovery. Billing to date: none. Monroe County v. Joe Posada, III CA K 03-1503 Circuit Court (16th) Judge: Jones Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the BOCC 4/18/03. Current Status: Settlement negotiations. Next Activity: Discovery. Billing 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 BOCC 7/15/03.. Current Status: Discovery Next Activity: Discovery Billing to date: none 21 Monroe County v. VirQinia Sawyer CA K 03-1506 Circuit Court (16th) Judge: Jones Date Filed: 12/18/03 Code enforcement foreclosure action that was authorized by the BOCC 7/15/03.. Current Status: Discovery Next Activity: Discovery motion to be held 3/15/05. Billing to date: none Monroe County v. Louis Welters CA K 04-639 Circuit Court (16th) Judge: Jones Date Filed: 6/14/04 Code enforcement foreclosure action that was authorized by the BOCC 7/15/03. Current Status: No service yet. Next Activity: Re issue summons and serve DFs. Billing to date: none. 22 Osborn, Jeff v. Monroe County CAP 04-564 Circuit Court 16th Judge: Garcia Date Filed: 11/24/04 First of two certiorari petitions challenging development approval given on the Northstar project. Growth Management. Status: Dismiss without prejudice by Court. Next Activity: Plaintiff has until 3/22/05 to refile. Billing to date: none. 23