Item L01
January 2006 Litigation Report
To: Mayor McCoy & County Commissioners
From: Bob Shillinger, Asst. County Attorney ~iS 5
Date: January 12, 2006 {
cc: Tom Willi, County Administrator
Richard Collins, County Attorney
Summary
Number of Cases
Airports 2
New cases filed since last month 1 Community Services 1
Cases closed sin~e last report 6 Engineering 6
CA Y active casesl 56 Growth Manag.ement 57
CAY Post Judgment cases 4 Miscellaneousll 4
Potential cases not yet filed 6 Constitutional Officers 3
Outside Counsel Cases 26 Personnel 3
Public Works 5
Total Cases pending 70 Risk Management 6
New Cases Page 2
Cases Closed 2
CAY Litigation Cases Trial & Appellate Level 4
CAY Post Judgment Cases 17
Potential Cases 18
Outside Counsel Cases 20
Ferencik, Libanoff (Ira Libanoff) (3 cases) 20
Johnson, Anselmo, (Bruce Johnson & Michael Burke) (14 cases) 21
Paul, Hastings (Bob Freilich & Derek Howard) (2 cases) 25
Includes White & Smith (Tyson Smith) on 1 caes
The Smith Law Firm (Wayne Smith) (2 cases) 26
-,
Vernis & Bowling (D.Smits, K.Willis & S.Black) (5 cases) 27
CASES FILED SINCE LAST MONTH'S REPORT
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. Kolhage dismissed
in 28 USC 1915 screening process.
Constitutional Officer/Clerk
Current Status: Request for waiver of service pending.
Next Activity: Respond to complaint.
CAY Time: 1.0 Costs: 0.00
Johnson, Anselmo billing to Date: none
CASES CLOSED SINCE LAST MONTH'S REPORT
I.C. & E. v. Monroe County 01-CV-1 01 05
U.S. D.C.SDFla. Judge: King Date Filed: 10/4/01
Declaratory judgment action regarding wireless tower moratoria.
Growth Management/Planning RBS
Current Status: Dismissed by District Court on 6/30/05.
Next Activity: Closed.
M&H Billing: $18,966.92 as of 10/31/05.
CAY Time: 1.0
Drewina. Janice v. James Roberts as County Administrator CAK-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 Services/Social Services/Personnel RBS
Current Status: Closed.
-,
Next Activity: Closed.
Time: 20.5 hours Costs: 0.00
2
Evans. Brian v. MCSO. Monroe County. et al 05-10077 -B
11 th Circuit Judges: Edmondson, Tjoflat & Dubina Date Filed: 1/5/05
Appeal of award of attorney's fees against Evans in 04-CIV-10033.
MCSO RBS
Current Status: Decision. January 12,2006, file closed.
Next Activity: None. Closed.
Fees billed to date: Through MCSO Costs: 0.00
Fed. Nafl Morta. Assn. v. M. Coleman. Monroe County. et al CAK-05-171
Circuit Court 16th Judge: Jones Date Filed: 2/18/05
Mortgage foreclosure case where County holds an inferior lien of $1,928.00.
Article Y Liens. PJM
Current Status: 1/9/6, case dismissed.
Next Activity: Close file.
Time: 7.0 hours Costs: 0.00
Harum. James v. Monroe County. DOH. & Z. Krstic CAP-05- TBA
Circuit Court 16th Judge: Date Filed:
Threatened action to compel County to prosecute code enforcement violation.
Growth Management/Code Enforcement RBS/PJM
Current Status: Underlying code case in compliance.
Next Activity: Close file.
Time: 2.4 hours Costs: 0.00
Monroe County v. Jean M. Louis & Itnor Corp. CAK-05- TBA
Circuit Court 16th Judge:TBA Date Filed:
Code fine collection action authorized by BOCC on 10/17/04. $34,200.00.
Growth Management/Code Enforcement PJM
-,
Current Status: Settled.
Next Activity: Closed.
Time: 1.5 hours Costs: 0.00
3
CAY LITIGATION - Trial & Appellate Level
See Outside Counsel Section for Cases being Handled Jointly
Ambrose. Thora et al v. Monroe County et al CA P 97-636
Circuit Court 16th Judge: Garcia Date Filed:12/11/97
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: County Attorney's office substituted in for Morgan &
Hendrick on 12/15/05.
Next Activity: Schedule hearing on Motion to Dismiss.
M&H Billing to date: $30,960.98 as of 7/31/05.
CAY Time: 0.5
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 for
providing pay phones on County property.
Administrative Services/Technical Services RBS
Current Status: Claim deadline passed 11/4/05. County's interest $4.15.
Next Activity: None.
Time: .5 Costs: 0.00
In re: Meahan 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: 0.5 Costs: 0.00
4
Collins, C. & Sum Air Services v. Monroe County, et al CAM-05-146
Circuit Court 16th Judge: Payne Date Filed: 6/1/05
Declaratory judgment action regarding lease with FBO at Marathon Airport.
Airports PJM
Current Status: Awaiting service of complaint.
Next Activity: Voluntary dismissal by the Plaintiff after settlement of
companion case is finalized.
Time: 0.5 hours Costs: 0.00
Cutaia, Thomas v. Monroe County. MCSO. Pretrial Services CAK-05-617
Circuit Court 16th Judge: Jones Date Filed: 6/21/05
Complaint for unspecified damages. Mayor not served yet.
MCSO RBS
Current Status: Awaiting service.
Next Activity: Once served, determine if insurance coverage requires retaining
outside counsel.
Time: 0.6 hours Costs: 0.00
Eads, Barbara v. Monroe County CAP-03-117
Circuit Court 16th Judge: Garcia Date Filed: 2/27/03
Appeal of order finding the Lowe House to be in unsafe condition.
Growth Management/Code Enforcement RBS
Current Status: Appeal stayed pending application for variance and building
permit.
Next Activity: None scheduled.
Time: 3.6 hours Costs: 0.00
EEOC v. Monroe County 150-2005-03773
-, EEOC - Miami Judge: N/A Date Filed: 9/7/05
Charge of disability discrimination filed by an employee.
Public Works/Personnel PJM
Current Status: Reasonable cause letter issued.
Next Activity: Conciliation to be scheduled.
Time: 16.5 hours Costs: 0.00
5
Emmert, Helen & Grea v. Monroe County CA P 02-520
Circuit Court 16th Judge: Garcia Date Filed: 10/2/02
Inverse condemnation and vested rights action.
Growth Management/Planning RBS/JDS
Current Status: CAY entered appearance as co-counsel January 2006.
Next Activity: File Motion to Dismiss and/or Defensive Pleadings to Third
Amended Complaint by 01/24/06; finalize motion to withdraw by former counsel.
M&H Billing to date: $94,550.56 as of 10/31/05
CAY Time: 1.5
Fuchs, Walburaa v. Monroe County CAK-01-1251
Circuit Court 16th Judge: Payne Date Filed: 10/5/01
This is a code enforcement appeal of an OSTDS case.
Growth Management/Code Enforcement RBS
Current Status: The County's brief filed; case reassigned to Judge Payne.
Next Activity: Await Court's decision.
Time: 11.5 hours Costs: 0.00
Good, L10vd v. Monroe County CA K 01-977
Circuit Court 16th Judge: Payne Date Filed: 8/9/01
Inverse condemnation action based on NROGO and declaratory judgment that
owner be awarded permits for properties.
Growth Management/Planning RBS
Current Status: PL filed Second Amended Complaint.
Next Activity: Hearing on County's Motion to Dismiss. Finalize motion to
withdraw by former counsel.
M&H Billing to date: $18,526.41 as of 10/31/05.
-, CAY Time: 2.5
6
Hardin, Michelle v. Monroe County CA K 99-1046
Circuit Court 16th Judge: Miller Date Filed: 9/3/99
Appeal of code enforcement decision.
Growth Management/Code Enforcement PJM
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: 2.5
Johnson, Lloyd v. Marlene Conaway CA K 02-1248
Circuit Court 16th 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: County Attorney's Office substituted as counsel 12/15/05.
Next Activity: Hearing on Motion to Dismiss to be set.
M&H Billing to date: $2,219.62 through 8/31/05.
CAY Time: 2.5
Kalan, Suzanne v. Monroe County CA P 03-155
Circuit Court 16th 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 of CAY for former
counsel.
M&H Billing to date: $2,855.77 as of 8/31/05.
CAY Time: 1.0
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7
LaSalle Bank, N.A. v. Alexis & Jesus Victores & Monroe County CAP 05-373
Circuit Court 16th Judge: Garcia Date Filed: 8/29/05
Mortgage foreclosure action where County holds an inferior $100.00 lien.
Growth Management/Code Enforcement RBS
Current Status: Final judgment of foreclosure entered 12/14/05.
Next Activity: Auction 1/20/06.
Time: 1.4 hours Costs: 0.00
Monroe County v. R. Bernstein/Safe Harbor Marine Railway CAK-05-732
Circuit Court 16th Judge: Miller Date Filed: 7/26/05
Code enforcement lien foreclosure. Over $221,800.00.
Growth Management/Code Enforcement RBS
Current Status: Negotiations ongoing.
Next Activity: DF given till 12/19/5 to file responsive plead ing.
Time: 7.7 hours Costs: $576.00
Monroe County v. Matthew Bonnett CAK-OS-911
Circuit Court 16th Judge: TBA Date Filed: 9/9/5
Code enforcement lien collection action authorized 10/17/04, $78,000.
Growth Management/Code Enforcement PJM
Current Status: Motion for Judgment on the Pleadings denied w/o prejudice
on 1/4/6; Defendant given until 1/20/6 to amend his answer.
Next Activity: Review answer, if any, if filed by 1/20/6.
Time: 6.7 hours Costs: $295.00
Monroe County v. Alain Y. Depierrefeu CAK-03-1504
Circuit Court 16th 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: Default judgment entered on 6/21/05 for $144,505.03. CAY
substituted as counsel 1/5/6.
Next Activity: Move for auction date.
V & B Fees billed to date: None Costs: 0.00
CAY Time: 5.0
8
Monroe County v. Alain Y. Depierrefeu CAK-03-1507
Circuit Court 16th 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: 1/4/6, Court set aside default judgment as it pertains to
Count 2 only. 1/5/6, CAY substituted as counsel for Vernis & Bowling.
Next Activity: Move to schedule auction.
V&B Fees billed to date: None Costs: 0.00
CAY Time: 3.5 hours
Monroe County v. Jack Haaopian CAP 03-529
Circuit Court 16th Judge: Garcia Date Filed: 10/1/03
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 reached.
Next Activity: BOCC approval of settlement agreement 1/18/6.
Time: 41.5 hours Costs: $801.70
Monroe County v. Dorothy Houah, et al CAP-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.
Growth Management/Code Enforcement RBS
Current Status: BOCC rejected offer to settle for $2,500. Now compliant
Next Activity: BOCC to consider DFs offer of $4,500 in Jan. 2006.
Time: 11.5 hours Costs: $596.00
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9
Monroe County v. James Jeanquenat CAP-OS 317
Circuit Court 16th Judge: Garcia Date Filed: 7/18/05
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 Larao Ocean Resorts CooP, Inc. CAP-96-260
Circuit Court 16th Judge: Garcia Date Filed: 5/20/96
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 4/1/06.
Time: 41.5 hours Costs: $340.00
Monroe County v. Pedro Liz CAK-05-420
Circuit Court 16th 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: Default set aside.
Next Activity: DF's Answer overdue.
Time: 8.1 hours Costs: $555.00
Monroe County v. Mary Ellen L10vd CAM-03-362
Circuit Court 16th 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 RBs
Current Status: 1/5/6, CAY substituted as counsel for Vernis & Bowling.
Next Activity: Draft settlement agreement.
V&B Fees billed to date: None Costs: 0.00
CAY Time: 2.3 hours
10
Monroe County v. Arthur Mehr CAP-05-348
Circuit Court 16th Judge: Garcia Date Filed: 8/5/05
Code fine collection action. Fine exceeds $42,000.00.
Growth Management/Code Enforcement RBS
Current Status: Discovery received 1/11/6.
Next Activity: Discovery & negotiations.
Time: 7.4 hours Costs: $850.00.
Monroe County v. James Messera, et al CAK-03-1509
Circuit Court 16th 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: 1/5/6, CAY substituted in as counsel for Vernis & Bowling.
Next Activity: Discovery.
V & B Fees billed to date: None Costs: 0.00
CAY Time: 3.0
Monroe County v. Outland Properties CAP-05-400
Circuit Court 16th Judge: Garcia Date Filed: 9/9/5
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
Monroe County v. Joe Posada, III CAK~03-1503
Circuit Court 16th 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: 1/5/6, CAY substituted as counsel for Vernis & Bowling.
Next Activity: Settlement negotiations, April 2006 bench trial.
V & B Fees & Costs billed to date: None.
CAY Time: 4.6 hours
11
Monroe County v. Virainia Sawyer & Tony Welters CAK-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.
Growth Management/Code Enforcement RBS
Current Status: 1/5/6, CAY substituted as counsel for Vernis & Bowling.
Next Activity: Discovery.
V & B Fees billed to date: None Costs: 0.00
CAY Time: 2.0
Monroe County v. Virainia Sawyer CAK-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.
Growth Management/Code Enforcement RBS
Current Status: Settled.
Next Activity: Court approval of settlement agreement, injunction & lien.
V&B Fees & Costs billed to date: $11,745.44
CAY Time: 6.3 hours
Monroe County v. Louis Welters CAK-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.
Growth Management/Code Enforcement RBS
Current Status: 1/5/6, CAY substituted as counsel for Vernis & Bowling.
Next Activity: Discovery.
V&B Fees billed to date: None Costs: 0.00
CAY Time: 2.5
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12
O'Daniel, John & Theresa Hill v. Monroe County CA P 02-141
Circuit Court 16th Judge: Garcia Date Filed: 3/13/02
Appeal of code enforcement action and vested rights claim.
Growth Management/Code Enforcement/Planning JDS
Current Status: Complete, on appeal. County Attorney's Office substituted
as counsel on 12/15/05.
Next Activity: None pending return of jurisdiction after appeal.
M&H Billing to date: $42,782.73 as of 10/31/05
CAY Time: 2.5
O'Daniel & Hill v. Monroe County 30-05-583
Third DCA Judges: TBA Date Filed: 3/18/05
Appeal of circuit court decision in CA P 02-141.
Growth Management/Code Enforcement/Planning JDS
Current Status: Mandate issued 12/27/05.
Next Activity: None. Close file.
M&H Billing to date: See trial level report.
CAY Time: 1.5
Neumont, Elizabeth et al. v. Monroe County 99-10054-CV
U.S. Dist. Ct., S.D. Fla. 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: Finalize motion for substitution of counsel of CAY for former
counsel.
M&H Billing to date: $123,563.24.
CAY Time: 0.5
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13
Neumont. Elizabeth et al. v. Monroe County 04-13610-X
11 th Circuit Court of Appeals Judges: TBA Date Filed: 7/15/04
Appeal of 99-1 0054-CV above.
Growth Management/Planni ng RBs
Current Status: Awaiting decision of the Court.
Next Activity: Finalize motion for substitution of counsel of CAY for former
counsel.
Billing to date: $123,565.49 as of 8/31/05 (by former outside counsel).
CAY Time: 0.5
Nunziante, Maril*n v. Monroe County CAK-04-1227
Circuit Court 16t Judge: 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 been moved to nursing home due to declining health.
Next Activity: Draft motion to dismiss.
Time: 76.7 hours Costs: 0.00
Rodriauez. Vivian v. Monroe County, Islamorada, & DOT CA P 05-526
Circuit Court 16th Judge: Garcia Date Filed: 11/30/05
Action for negligence due to injuries on DOT right of way.
Public Works/Risk Management RBS
Current Status: County filed motion to quash invalid service. Plaintiff agreed
to stay until DOT answers to see if DOT claiming County at fault.
Next Activity: March 6, 2006 review to status.
CAY Time: 7.7 Costs: 0.00
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14
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
compo plan redesignating Krome Avenue to a major roadway (3 or more lanes).
Growth Management/Planning JOS
Current Status: Final hearing completed 9/21-23/05. Proposed
Recommended Orders and Memoranda of Law due January 20, 2006.
Next Activity: Prepare Proposed Recommended Orders for ALJ.
Billing to date: None, pro bono. (by former outside counsel).
CAY Time: 4.5
Teal, Kimberly & Keith v. Michael Anael, Monroe County, et al CAM-04-404
Circuit Court 16th Judge: Payne Date Filed: 12/16/04
Declaratory judgment action over road in City of Marathon.
Public Works/Roads and Bridges PJM
Current Status: Discovery. Settlement negotiations ongoing.
Next Activity: County's motion to dismiss TBA pending negotiations.
Time: 9.5 hours Costs: $133.00
Troy, Daniel Scott v. Monroe County CAK 05-856
Circuit Court 16th 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: None while on appeal.
Time: 2.0 hours Costs: 0.00
Troy, Daniel Scott v. Monroe County 3D 05-2419
-, Third DCA Judges:TBA Date Filed: 1017/05
Appeal of denial of writ of mandamus in CA K 05-856.
Growth Management/Planning RBS
Current Status: Troy's brief due 1/22/06.
Next Activity: Draft reply to Troy's brief.
Time: .5 Costs: 0.00
15
Walareens & Gadinsky v. Monroe County CAK-05-266
Circuit Court 16th Judge: Taylor Date Filed: 3/11/05
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: Mediation scheduled 1/23/06.
Next Activity: Final hearing 1/30/06.
Time: 21.5 hours Costs: 0.00
In re: Winn Dixie Stores. Inc. 05-03817 -3F1
U.S. Bankruptcy Ct., M.D.Fla. Judge: Jerry Funk Date Filed: 2/25/05
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
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16
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: 5/6/04
Money Judgment of $4,579.00 in favor of County & MCSO for rule 11 sanctions.
Constitutional Officer/MCSO RBS
Current Status: Award to County & Sheriff of $4,579.00 in attorney's fees
against Evans for filing frivolous suit affirmed by 11 th Circuit on 9/20/05.
Next Activity: Collection.
CAY Time: 9.5 hours Costs: 0.00
Monroe County v. William L. Davis CAP-04-181
Circuit Court 16th Judge: Garcia Date Filed: 4/15/04
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 wI Dept. of State.
Next Activity: Collection.
Time: 6.2 hours Costs: $56.00
Monroe County v. Dan Gleason SCP-03-165
County Court (Sm. Claims) Judge: ptomey Date Filed: 8/5/03
Money judgment of $520.00 for unpaid code enforcement fines and costs.
Growth Management/Code Enforcement RBs
Current Status: Final judgment recorded w/ Dept of State.
Next Activity: Collection.
Time: 9.5 hours Costs: $65.92
Monroe County v. Lily Marks CAK-03-1152
-, Circuit Court 16th Judge: Jones Date Filed: 10/2/03
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 5/9/05.
Next Activity: Collection.
Time: 8.5 hours Costs: $55.00
17
POTENTIAL CASES THAT HAVE NOT YET BEEN FILED
Calusa Camparound Condo v. Monroe County, et at., CAP06TBA
Circuit Court (16th) 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 and assisting Growth Management
Division in preparation of responses to claimant.
Next Activity: Awaiting claimant's filing proper subdivision plat for approval.
Time: 2.5 Costs: 0.00
Good. Lloyd v. Monroe County CAK-05- TBA
Circuit Court (16th) Judge: Date Fi led:
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
Hamelton, Charles v. KWRU & Monroe County CA K 04-740
Circuit Court (16th) Judge: Miller Date Filed: 7/6/04
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 not a party at this time.
Next Activity: 11/18/05 County to prod uce documents to DFs.
-, Fees Billed to Date: 0.00 Costs: 0.00
CAY Time: 6.7
18
Monroe County v. Boy Scouts of America CA K 06- TBA
Circuit Court 16th Judge:TBA Date Filed: TBA
Code fine collection action authorized on 9/28/05. Fine fixed at $408,000.00.
Growth Management/Code Enforcement PJM
Current Status: Complained & lis pendens being prepared.
Next Activity: File suit by 1/31/06.
Time: .5 hours Costs: 0.00
Monroe County v. Blair & Althea Mooney CAK-05- TBA
Circuit Court 16th Judge:TBA Date Filed:
Code lien collection action authorized by BOCC on 10/17/04. $146,100.00.
Growth Management/Code Enforcement PJM
Current Status: Fine of $7,305.00 paid.
Next Activity: Finalize settlement agreement by 1/31/06.
Time: 1.5 hours Costs: 0.00
State of Florida v. Monroe County TBA
TBA Judge: TBA Date Filed: nla
Threatened action by AG's Medicaid Fraud unit regarding alleged over billings for
ambulance services.
Public SafetylFire Rescue RBS
Current Status: Waiting for AG's office to set up conference.
Next Activity: Settlement conference with State.
Time: 9.2 hours Costs: 0.00
-,
19
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 16th Judge: Jones Date Filed: 8/4/03
Breach of contract and negligent misrepresentation action arising from the
defective windows in the Gato building.
Engineering/Construction Management RBS
Current Status: Discovery ongoing.
Next Activity: Discovery ongoing.
Fees billed to date: $69,892.50 Costs: $8,773.50 (thru 10/31/5)
Monroe County v. Jose Gonzalez CA K TBA
Circuit Court 16th Judge: TBA Date Filed: TBA
Possible breach of contract action against County's former architect.
Engineeri ng/Construction Management RBS
Current Status: Discussions with Gonzalez
Next Activity: Schedule meeting with staff & Gonzalez.
Fees billed to Date: $3,885.50
CAY Time: 12.5
Monroe County v. Lodae Construction, et al CAK-00-617
Circuit Court 16th Judge: Payne Date Filed: 5/11/00
Suit filed against general contractor Lodge Construction & its surety for breach of
contract to build Gato Building.
Engineeri ng/Construction Management RBS
Current Status: Reserved on appeal November 24, 2004. New trial granted.
Mandate issued 2/16/05.
-, Next Activity: Set for trial.
Fees billed to date: $298,015.25 Costs: $71,523.31 (thru 10/31/05).
20
Johnson, Anselmo, Murdoch, Burke, Piper, & McDuff, P.A.
Baukniaht. Ska~qs & Rockett v. Monroe County CAP-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/Planning RBS
Current Status: 12/30/05, County answered first amended complaint.
Next Activity: Discovery.
Fees billed 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 by owners of 3 Big Pine lots.
Growth Management/Planning RBS
Current Status: All but fees remanded to State Court. Denial of fees motion
appealed to 11 th Circuit.
Next Activity: None.
Fees billed to date: None Costs: 0.00
Baukniaht, et al. v. Monroe County 05-10868-F
11 th Cir. Ct. of Appeals Judge: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/Planning RBS
Current Status: Briefs completed; oral argument held 12/9/05.
Next Activity: None; await decision of Court.
-,
Fees billed to date: None. Costs: 0.00
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Florida Key Deer v. Michael Brown & Gale Norton 90-10037 -CIV-Moore
U.S. Dist. Ct., SD Fla. Judge: Moore Date Filed: 4/2/90
ESA case that resulted in permanent injunction barring FEMA flood insurance.
Growth Management/Planning RBS
Current Status: Court denied all intervention motions.
Next Activity: Intervention motions on appeal; negotiations ongoing.
Billing to Date: none Costs: 0.00
CAY Time: 33.8
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: 6/15/05
ESA challenge to F&WS review of construction of park on Big Pine Key.
Engineering/Construction Management RBS
Current Status: Case stayed while F&WS revises biological opinion.
Next Activity: Stayed until January 2006.
Fees billed to date: $612.50 Costs: 0.00
CAY Time: 6.3
Florida Key Deer, et al v. R.D. Paulson, et al 05-16374-11
11th Circuit Judges: TBA Date Filed: 11/10/05
Appeal of Southern District's injunction in 90-10037-CIV.
Growth Management/Planning RBS
Current Status: Jurisdiction briefs requested by Court.
Next Activity: File jurisdiction briefs.
Billing to date: none
CAY Time: 0.5 Costs: 0.00
-,
22
Monroe County v. Florida Key Deer. et al 05-16990-11
11 th 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: Preliminary jurisdiction questions pending.
Next Activity: Draft briefs.
Billing to Date: None
CAY Time: 0.5
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 3D05-1800
Third DCA Judges: TBA Date Filed: 7/28/05
Appeal of ALJ's decision denying rule challenge in DOAH 04-2756.
Growth Management/Planni ng RBs
Current Status: Appellant's brief filed.
Next Activity: County & DCA's brief deadline extended until after
disposition of Marathon's motion to dismiss.
Fees billed to date: none
CAY Time: 0.5 hours Costs: 0.00
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Hardee, Evelyn v. Monroe County CAP-05-255
Circuit Court 16th Judge: Garcia Date Filed: 6/3/05
Tort action arising from alleged fall at PK Court house.
Risk Management/Public Works RBS
Current Status: Discovery.
Next Activity: Discovery.
Fees billed to date: $660.20 Costs: 0.00
CAY Time: 2.6 hours
Kessler, Stuart v. Monroe County & Tom Willi CA K 05-1006
Circuit Court 16th Judge: Jones Date Filed: 10/11/2005
Complaint for injunctive relief and damages under Whistle-Blower Act, Civil
Rights Act, defamation and interference with business relationship.
Personnel/Risk Management RBS
Current Status: County's motion to dismiss first amended complaint granted
1/4/6.
Next Activity: Kessler has until 1/20/6 to refile his complaint.
Billing to date: 0.00
CAY Time: 28.6 Costs: 0.00
Kessler, Stuart v. Monroe County & Tom Willi 3D05-2755
Third DCA Judges: TBA Date Filed: 11/28/05
Appeal of non-final order denying Kessler's petition for temporary reinstatement.
Personnel/Risk Management RBS
Current Status: Kessler filed brief 12/15/06 but didn't serve County.
Next Activity: File reply brief.
Billing to date: none
CAY Time: 1.7 Costs: 0.00
-,
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Neuman, Kenneth v. Monroe County CAK-04-663
Circuit Court 16th Judge: Jones Date Filed: 6/21/04
Action for damages and to compel County to issue building permits.
Growth Management/Planning RBS
Current Status: Discovery.
Next Activity: Discovery.
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 16th Judge: Jones Date Filed: 4/13/05
Tortious interference with contract case. League of City's carrier counsel.
Risk Management/AirportlMCSO PJM
Current Status: Discovery.
Next Activity: Deposition 1/23/6.
Fees billed to date: $743.86 Costs: 0.00
CAY Time: 4.0 hours
Paul, Hastings (Bob Freilich)
White & Smith (Tyson Smith)
Collins, Thomash et al v. Monroe County CAM-04-379
Circuit Court 16t Judge: Payne Date Filed: 11/22/04
Takings action brought by 11 groups of plaintiffs.
Growth Management/Planning RBS
Current Status: County's summary judgment motion heard 11/30/05.
"' Next Activity: Court's ruling on County's motion for summary judgment.
Total Fees billed to date: $655,174.26
CAY Time: 109.7 hours Costs: $77,646.49
25
Galleon Bay v. Monroe County v. State of Florida CA K 02-595
Circuit Court 16th Judge: Payne Date Filed: 5/21/02
Inverse condemnation and vested rights action.
Growth Management/Planning RBS
Current Status: Summary judgment motions pending.
Next Activity: Motions hearing 1/30/06.
M & H Billing to date: $221,709.88 thru 10/31/05.
Paull Hastings Billing: $90,519.11.
CAY TIME: 56.5
The Smith Law Firm
Monroe County v. Post Buckley, Schuh, and Jerniaan 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: Finalize agreement.
Fees billed to date: $645,146.88.
Monroe County v. Post Buckley, Schuh, and Jerniaan 3D05-1822
Thi rd DCA Judges: TBA Date Filed: 8/1/05.
Appeal of judgment in the above case.
Engineering RBS
Current Status: Will become moot upon settlement.
Next Activity: Dismissal after settlement.
-,
Fees billed to date: see previous entry.
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Vernis & Bowling of the Florida Keys, P.A.
GAP Properties of SW Florida-I, Inc. v. Monroe County CAK-04-1321
Circuit Court 16th Judge: Jones Date Fi led: 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: Certiorari denied, rehearing motion denied.
Next Activity: None, on appeal.
Fees billed to date: $26,875.00 Costs: $306.43
Gap Properties of SW Florida-I, Inc. v. Monroe County 3D05-2413
Third DCA Judges: TBA Date Fi led: 10/14/5
Second tier certiorari appeal of denial of petition challenging County's plat
approval rules for dockominiums, see CA K 04-1321 below.
Growth Management/Planning RBs
Current Status: County ordered to respond by Court.
Next Activity: County's brief due 1/30/6.
Fees billed to date: none. Costs: None
Key Tex S. D. Condo Assoc. v. Monroe County & T. McGarry CAK-04-224
Circuit Court 16th Judge: Jones Date Filed: 3/2/04
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: Third Amended petition pending.
Next Activity: Respond to Third Amended petition.
-, Fees billed to date: $32,290.50 Costs: $2,540.84
27
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 ManagementlPlanni ng RBS
Current Status: Court denied petition 12/14/05.
Next Activity: None until 1/15/6.
Fees billed to date: $14,039.50 Costs: $261.49
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/Planni ng RBS
Current Status: Oral argument held 12/15/05.
Next Activity: Await decision of Court.
Fees billed to date: $3,920.50 Costs: $146.93
Assigned Assistant County Attorney
PJM = Pedro Mercado
JDS = Jerry Sanders
RBS = Bob Shillinger
~.Includes cases listed under outside counsel where CAY has entered appearance.
II 3 bankruptcy claims, and Fire Rescue.
"'
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