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Item R01 Memorandum To: Mayor Spehar & County Commissioners From: Bob Shillinger, Asst. County Attorney Date: April 18, 2005 Re: April 2005 litigation report Cc: Tom Willi, County Administrator Richard Collins, County Attorney NEW CASES FILED AGAINST THE COUNTY Riverview Consultants. Inc. v. Monroe County CA K 05-373 Circuit Court 16th Judge: Jones Date Filed: 4/13/2005 Tortious interference with contract case arising from Airport security director's termination of a consultant subcontract. Airport/MCSO Status: Plaintiff gave mandatory 6 month notice of claim on April 8, 2005. Next Activity: File responsive pleading once served. Time: .1 Costs: 0.00 CASES CLOSED WITHIN LAST MONTH Monroe County v. Patricia Cambo. et al CA K 04 578 Circuit Court (16th) Judge: Payne Date Filed: 5/27/04 Code Enforcement collection action settled for $10,000.00. Current Status: Dismissed by County per settlement. Next Activity: Closed. Time: 17.3 hour Costs: $0.00 TSA v. Monroe County Aviation Department 2004 FLL 0048-51. 54 TSA Admin. Hearing ALJ: TBA Date Filed: 5/18/2004 Threatened civil penalty action by TSA settled for $7000.00 Key West International Airport Status: Settlement approved 2/16/05. Next Activity: CLOSED. Time: 32.2 Costs: $7000.00 ~ .1 GENERAL LITIGATION Charles. Marie v. Monroe County 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 until April 30, 2005 to file suit or waive claim. Time: 12.5 Costs: 15.00 Clay. Robert Lee~ John & Li Chiuna Moyant v. Monroe County 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 County CA M 04-379 Circuit Court 16th Judge: Payne Date Filed: 11/22/04 Takings action brought by 11 groups of plaintiffs. Growth Management; CAY co-counsel with Freilich, Leitner & Carlise. Status: Discovery. Next Activity: Depositions set for week of 4/25/05. Time: 54.0 Costs: 0.00 Drewina. Janice v. Monroe County 3D 04-3044 Third DCA Judges: TBA Date Filed: 11/29/04 Appeal of denial of writ of mandamus in personnel matter. Community Services/Social Services Current Status: County's brief filed April 1, 2005. Next Activity: Await Appellant's Reply Brief and Ruling from Court. Time: 31.4 Costs: 15.00 2 Drewina. 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 Current 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 Fed. Nat'l Morta. Assoc. v. M. Coleman. Monroe County. et al. 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: Answer filed @ 3/21/05. Next Activity: Discovery. Time: 1.5 Costs: 0.00 Florida Kevs 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 submitted 1/28/05. Next Activity: Awaiting decision by Administrative Law Judge. CAY Time: 178.6 Costs: TBA 3 Monroe County v. Florida Detroit Diesel SC K 05 -60 County Court (Sm. Claims) Judge: Fowler Date Filed: 3/14/05 Collection action seeking reimbursement for $4,905.00 in clean up costs associated with improperly installed machinery. Fleet management/Risk Management Current Status: Pretrial Conference held 4/14/05. Next Activity: PTC in May 2005. Time: 12.2 Costs: $112.00 Monroe County v. Mark Fraleiah 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: OF's Response to Request for Production of Documents 4/25/05. Time: 19.9 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 4 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: 57.7 Costs: 0.00 pap 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: Hearing before BOCC on 4/20/05. Time: 22.2 hour Costs: none to date Teal. Kimberly & Keith v. Michael Anael. 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: Depositions held 4/18/05. Next Activity: Hearing on County's motion to dismiss 6/28/05. Time: 8.3 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 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 5 WalQreens & Gadinsky v. Monroe County CA K 05-266 16th Circuit Judge: Taylor 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 POTENTIAL CASES THAT HAVE NOT BEEN FILED Lloyd Good v. Monroe County CA K 05 ----- 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: 3.1 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 Kristic by his neighbor James Harum. County had already scheduled the code enforcement hearing for May 2005 prior to receiving notice of suit. Statute requires 30 days notice prior to filing action. Current Status: None until suit is filed; underlying code case set for hearing. Next Activity: Move to dismiss and for sanctions if filed since w/o merit. Time: 1.0 Costs: $0.00 6 CODE ENFORCEMENT APPEALS Decker. Harry v. Monroe County 3005-305 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: County filed Response, 4/8/05. Next Activity: Await Reply and/or Court's ruling. Time: 7.1 Costs: 15.00 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 30-05-305. 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 5/1/05. Time: 3.6 hours Costs: none Fuchs. Walburaa 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 7 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 CODE ENFORCEMENT FORECLOSURES/COLLECTIONS Monroe County v. Mario Alfonso CA K 03-1458 Circuit Court (16th) Judge: (none yet) Date Filed: 12/08/03 Code enforcement foreclosure action authorized by the BOCC on 6/18/03. Fine fixed at $91,450.00. Current Status: Settled. Awaiting sale by Defendant. Next Activity: Interest rate (10%) triggered 4/20/05. Time: 23.6 hour Costs: $151.70 Monroe County v. Holly Grace Blandeaux SC K 05-69 Small Claims Judge: Fowler Date Filed: 3/23/05 Code enforcement fine collection authorized by BOCC on 7/14/04. $684.88 Current Status: DF paid fines and costs on 4/13/05. Next Activity: File dismissal of case. Time: 3.1 Costs: $84.64 Monroe County v. Dirk Damrau CA K 05 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action authorized by the BOCC 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 8 Monroe County v. William L. Davis CA P 04-181 Circuit Court (16th) Judge: Garcia Date Filed: 4/15/04 Action to collect $27,600.00 code enforcement fine from former owner of property who fraudulently sold property to innocent owner. OF in Federal prison. Current Status: Final Judgment of $28,431.00 entered 4/13/05. Next Activity: Record Judgment with State, collection. Time: 6.2 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 BOCC on 6/16/04. Fine set at $6600.00. Current Status: Researching issues raised by owners re: timely compliance. Next Activity: Status check 5/1/5. Time: 2.0 Costs: 0.00 Monroe County v. Dan Gleason SC P 03 -165 Small Claims Court Judge: ptomey Date Filed: 8/5103 Small claims action for a money judgment to collect $520.00 in unpaid code enforcement fines and costs authorized by the BOCC 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 05-86 County Court Judge: Fowler Date Filed: 3/21/05 Collection action authorized by BaCC on 6/16/04. Fine set at $11,300.00. Current Status: OF served 3/31/05. Next Activity: BOCC to consider settlement offer 4/20/05; OF has until 5/2/5 to file responsive pleading. Time: 8.5 Costs: $575.00 9 Monroe County v. Jack Haoopian, CA P 03-529 Circuit Court (16th) Judge: GARCIA Date Filed: 10/1/03 Code enforcement collection action authorized by BOCC 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, OF's Third Party claim against contractor complicating resolution. Next Activity: Motion to dismiss Third Party complaint 4/13/05, awaiting ruling. Time: 14.5 Costs: $20.00. Monroe County v. Dorothy Houah, et al. CA P 05-160 Circuit Court (16th) Judge: Garcia Date Filed: 4/6/05 Code enforcement collection action authorized by BOCC on 9/17/03. As of 9/25/3 lien valued at $25,050.00 and accruing at $50.00 per day. Current Status: Suit filed. Next Activity: Serve OFs. Time: 1.0 Costs: none Monroe County v. James Jeanauenat CA P 05 ------------ Circuit Court (16th) Judge: Date Filed: Code Enforcement collection action authorized by BOCC 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 5/1/05. Time: .7 Costs: none Monroe County v. Key Laroo 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 5/1/05. Time: 36.6 hours Costs: $340.00 10 Monroe County v. Pedro Liz CA K 05 (TBA) Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by BOCC on 7/17/03 & 9/17/03. Current Status: Complaint ready to be filed. Next Activity: File suit then serve OF. Time: 2.5 Costs: none Monroe County v. Lilv Marks CA K 03-1152 Circuit Court (16th) Judge: Jones Date Filed: 10/2/3 Two code enforcement collection actions authorized by BOCC 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: County moved for default judgment. Next Activity: Hearing on motion for default judgment set forth 5/3/05. 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 BOCC 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 Monroe County v. Safe Harbor Marine Railwav Corp. CA K 05 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the BOCC 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 11 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 BaCC 6/18/03. Fine was approximately $18,000.00 when compliance achieved. Current Status: Property in compliance. Next Activity: 4/20/05 BOCC to consider releasing lien. Time: 2.5 hour Costs: $100.00 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 5/2/05. Billing to date: $45,121.00 Costs: $5,675.68 Monroe County v. Lodae 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: $298,015.26 Costs: $71,523.81 12 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's Third Party complaint against State served. Next Activity: Discovery depositions set for week of April 25, 2005. Billing to date: $55,429.49 Johnson, Anselmo Murdoch Burke & George Baukniaht. Ska~as & 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 Baukniaht. Skaaas & 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 Circuit Next Activity: None. Billing to date: none Costs: 0.00 13 Baukniaht. 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. Plaintiffs are seeking between $15,000 and $18,000 in fees. Growth Management Status: Appellate mediation held 4/11/05, no resolution. Next Activity: Respond to Appellant's brief. Billing to Date: None. 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 permits 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 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. 14 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 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 al,.04-CIV-10033-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 15 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 litiganUlounge singer claiming that he was defamed by misstatements by MCSO 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 MCSO's insurer's counsel. Next Activity: Evan's brief is due on March 7, 2005. Time: .2 Costs: 0.00 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 16 The Smith Law Firm Monroe County v. Post Buckley. Schuh. and Jerniaan 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 re-trial, 6/6/05. Next Activity: meeting. 4/20/05 - request for closed session at 5/18/05 BOCC Billing to date: $337,714.55 Vernis & Bowling of the Florida Keys, P.A. Case Update -April 5, 2005 GAP Properties of SW Florida-I. Inc. v. Monroe County CA K 04-1321 Circuit Court (16th) Judge: Payne Date Filed: 12/10/2004 Certiorari review of administrative action from Planning Commission and Appeal in Certiorari of final administrative action from DOAH, regarding allegation involving dock failure to obtain plat approval due to subdividing and an improper change of use without a major or minor conditional use permit. Growth Management Status: Pleadings completed. Next Activity: Hearing reset for 10/1/05 at 11 :00 a.m. CAY Time: 1.5 Billing to date: 17 Kev 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 Writ of Prohibition, Writ of Mandamus and Declaratory and Injunctive Relief 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 rejected based upon the inherent discretion of the Director of Planning pursuant to MCC 9.5-49. Growth Management Status: Court granted County's motion to dismiss counts 1 through 4 with prejudice. One count (constitutionality of S 9.5-49) remains. County filed Motion for a More Definite Statement on March 7, 2005. Next Activity: Schedule a hearing for Motion for a More Definite Statement. Billing to date: none. Monroe County v. Mary Boza. CA K 03-1508 Circuit Court (16th) Judge: Jones Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the BOCC on 4/18/03. Current Status: Motion for Default Final Judgment filed. Next Activity: Hearing on motion May 11, 2005 at 9 am before Judge Miller. Billing to date: none. Monroe County v. Alain Y. Depierrefeu. CA K 03-1504 Circuit Court (16th) Judge: Jones Date Filed: 12/18/2003 Code enforcement foreclosure action authorized by the BOCC on 4/18/03. Current Status: Clerk's default entered on 3/21/05. Next Activity: Hearing on final default scheduled for May 2005. Billing to date: none. 18 Monroe County v. Alain Y. Depierrefeu. CA K 03-1507 Circuit Court (16th) Judge: Jones Date Filed: 12/18/2003 Code enforcement foreclosure action authorized by the SOCC on 4/18/03. Current Status: Clerk's default entered on 3/21/05. Next Activity: Hearing on final default scheduled for May 2005. Billing to date: none. 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 SOCC 4/18/03. Current Status: Compliance achieved 8/31/2004. The total amount of the lien owed to the County is $143,500.00. Next Activity: Settlement negotiations complicated by OF's health issues. Billing to date: None. Monroe County v. James Messera. etal CA K 03-1509 Circuit Court (16th) Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the SOCC 4/18/03. Current Status: Owners working on compliance. Next Activity: Settlement discussions. Billing to date: none. Monroe County v. Joe Posada. III CA K 03-1503 Circuit Court (16th) Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the SOCC 4/18/03. Current Status: Settlement discussions. Next Activity: Status check 5/1/05. Billing to date: none. 19 Monroe County v. Virainia 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 BaCC 7/15/03. Current Status: Attorney for some of Defendant's negotiating settlement. Next Activity: Status check 5/1/05. Billing to date: none. Monroe County v. Virainia Sawyer CA K 03-1506 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: Attorney for the defendants negotiating settlement. Next Activity: Status check 5/1/05. Billing to date: none. Monroe County v. Louis Welters CA K 04-639 Circuit Court (16th) Judge: Jones Date Filed: 6/14/2004 Code enforcement foreclosure action that was authorized by the BOCC 7/15/03. Current Status: Attorney for the defendants negotiating settlement. Next Activity: Status check 5/1/05. Billing to date: None. Osborn. Jeff v. Monroe County CAP 04-564 Circuit Court 16th Judge: Garcia Date Filed: 11/24/04 1 of 2 certiorari petitions challenging development approval of Northstar project. Growth Management. Status: Plaintiff's Amended complaint in Certiorari received 3/28/05; filed unopposed Motion for Extention of Time to 4/15/05 Next Activity: File Answer 4/15/05. Billing to date: none. 20 Osborn. Jeff v. Monroe County CAP 04-565 Circuit Court 16th Judge: Garcia Date Filed 11/24/04 2 of 2 certiorari petitions challenging development approval of Northstar project. Growth Management. Status: Service date 3/21/05 Next Activity: File Motion to Dismiss/More Definite Statement by 4/20/05. Billing to date: none. 21