Item O01September 2006 Litigation Report
To: Mayor McCoy & County Commissioners
Tom Willi, County Administrator
From: Suzanne Hutton, County Attorney
Date: September 15, 2006
Summary
Number of Cases
New cases filed since last month
3
Constitutional Officers
7
Cases closed since last report
9
Engineering
7
CAY active cases
56
Growth Management
50
CAY Post Judgment cases
4
Miscellaneous
6
Potential cases not yet filed
12
Public Works
6
Outside Counsel Cases
24
Risk Management
6
Total Cases pending 62
Index
New Cases Page 2
Cases Closed 3
CAY Litigation Cases Trial & Appellate Level 6
CAY Post Judgment Cases 15
Potential Cases 16
Outside Counsel Cases 20
Ferencik, Libanoff (Ira Libanoff) (4 cases) 20
Gray Robinson (Ed Scales & M. Campbell) (1 case) 21
Greenberg, Traurig (Dave Jordan) (1 case) 21
Johnson, Anselmo, (Bruce Johnson & Mike Burke (15 cases) 22
Paul, Hastings (Bob Freilich & Derek Howard) (3 cases) 27
CASES FILED SINCE LAST MONTHS REPORT
Bankunited v. M. & J. Jordan & Monroe County et al. CA K 06-862
Circuit Court 16 th Judge: Jones Date Filed: 8/22/06
Mortgage foreclosure action in which County holds inferior liens totaling $750.00.
Article V PJ M
Current Status: Answer filed 9/11 /06.
Next Activity: Discovery & motions.
Time: 3.1 Costs: 0.00
Board of County Commissioners v. Donald Brown CA K 06 953
Circuit Court 16 Judge: Jones Date Filed: 9114/06
Code Enforcement Lien collection action for commercial property on Big Coppitt.
Growth Management/Code Enforcement PJM
Current Status: Case filed 9/14/06.
Next Activity: Service of process fee request pending.
Time:0.6 Costs: $255.00
Ladd, Lucy v. Monroe County CA K 06-952
Circuit Court 16,n Judge: Miller Date Filed: 9/12/2006
Mandamus action on building permit allocation issue.
Growth Management/Planning
Current Status: Pending with court.
JDS
Next Activity: File response if ordered by court; negotiate settlement.
Time: 0.5 Costs: 0.00
2
CASES CLOSED SINCE LAST MONTHS REPORT
Ambrose Thora et al v. Monroe County et al CA P 97-636
Circuit Court 16,nJudge: Garcia Date Filed:12/11197
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: Voluntarily dismissed by Plaintiff 7/24/06.
Next Activity: Closed.
M&H Billing to date: $30,960.98. Costs: $2,899.73
CAY Time: 2.5
In re: Birch Telecom, Inc. 05-12237 PJW
U.S.Bnktcy.Delaware Judge: Walsh Date Filed: 8112105
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.
Next Activity: Closed, County's interest $4.15.
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: 4121106
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 RBS
Current Status: Settlement approved by court and final judgment entered.
Next Activity: Closed.
Time:9.2 Costs: 0.00
3
GAP Properties of SW Florida-L Inc. v. Monroe Count CAK-04-1321
Circuit Court 16 fnJudge: 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 ManagementtPlanning RBS
Current Status None pending appeal. See below.
Next Activity: None.
Fees billed to date: $106,114.89 Costs: $306.43
GAP Properties of SW Florida-1Inc. v. Monroe Count 3D05-2413
Third DCA Judges: Date Filed: 12/10/04
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 RIBS
Current Status: Certiorari denied 4/21/06.
Next Activity: Closed.
Fees billed to date: trial court costs & fees.
Kev Tex S. D. Condo Assoc. v. Monroe Countv & T. MCGarry CAK-04-224
Circuit Court 16"' 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: dismissing wl prejudice 7/26/06, not appealed.
Next Activity: Close file.
Fees billed to date: $32,290.50 Costs: $2,540.84
L!
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: Remanded from Third DCA for clarification, voluntarily
dismissed 8/18/2006.
Next Activity: Closed.
Fees billed to date: $39,348.11 Costs: $261.49
Osborn, Jeff v. Monroe County 3D06-52
Third DCA Judges: TBA Date Filed: 1/11106
Certiorari appeal of CA P 04-564 on Northstar Project. V & B handling. RBS
. Growth Management/Planning
Current Status: Remanded to Circuit Court..
Next Activity: Closed.
Billing received to date: see billings for CA P 04-564.
Osborn Jeff v. Monroe Count 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: Voluntarily dismissed 8/31/06.
Next Activity: Closed.
Fees billed to date: $3,920.50 Costs: $146.93
5
CAY LITIGATION — Trial & Appellate Level
See Outside Counsel Section for Cases being Handled Jointly
Acredited Home Lenders, Inc. v. Olga Ruiz & Monroe County CA K 06-543
Circuit Court 16 1h Judge: Date Filed: 5/25/06
Mortgage foreclosure action on property County holds $36k SHIP mortgage on.
Monroe County Housing Authority RBS
Current Status: County's Answer, Cross & Counterclaims filed 6/15/6.
Next Activity: Serve Olga Ruiz; Discovery.
Time: 5.7 Costs: 8.68
Aguiar, Alexander & Elizabeth Ginart v. Monroe County CA P 06-189
Circuit Court 16t Judge: Garcia Date Filed: 515/06
Appeal from decision of Code Enforcement Special Magistrate
Growth ManagementlCode Enforcement PJM
Current Status: Appellant's brief over due.
Next Activity: Move to dismiss.
Time: 0.9 Costs: 0.00
Circuit Court (16"') Judge: Payne Date Filed: 1211415
Third Party claim by Marathon for takings case brought by property owners.
Growth Management/Planning RBS
Current Status: County filed motion to dismiss third party complaint 8/28106.
Next Activity: If not dismissed by 9/24, move for sanctions.
Time: 6.6 Costs: 0.00
Cutaia, Thomas v. Monroe County, MCSO, Pretrial Services CAK-05-617
Circuit Court 16,nJudge: Jones Date Filed: 6121105
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
0
D.B. Key Largo, LLC v. Monroe County Planning Comm'n DOAH 06-484
DOAH Judge: Johnston Date Filed: 2/10106
Administrative appeal of planning commission denial of an application for
amendment to a major conditional use permit.
Growth Management/Planning JDS
Current Status: Held in abeyance by agreement of the parties.
Next Activity: Status report due 1/17/07.
Time: 3.3 hours Costs: 0.00
Dorn, Kenneth & Katie Pearce v. Monroe County CA P 06-203
16 th Circuit Judge: Garcia Date Filed: 5115/06
Quiet title action challenging imposition of conservation easement.
Growth Management/Planning RBS
Current Status: Exploring settlement options with plaintiffs.
Next Activity: Responsive pleading due 11/6/06.
Time:5.8 Costs: 0.00
Eads, Barbara v. Monroe County CAP-03-117
Circuit Court 16 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: Historic structure being renovated.
Next Activity: None at this time.
Time: 4.8 hours Costs: 0.00
Evans, Ronald & Maryanna v. Monroe County & K.L.O.R. CA P 06-206
16 Circuit Judge: Garcia Date Filed: 05/15/6
Declaratory Judgment action seeking to enjoin entering into development
agreement with Key Largo Ocean Resorts Co -Op, Inc.
Growth Management/Planning RBS/JDS
Current Status: Held in abeyance pending arbitration.
Next Activity: None.
Time:14.2 Costs: 0.00
7
Fuchs 'Walbur a v. Monroe Count CAK-01-1251
Circuit Court 16Judge: Payne Date Filed: 1015101
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: Oral argument 10/30/06.
Time: 11.5 hours Costs: 0.00
Good Lloyd v. Monroe County CA K 01-977
Circuit Court 16Judge: 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: County's motion to dismiss granted wl leave to refile.
Next Activity: Property owner to go through BUD process.
M&H Billing to date: $18,526.41 as of 10/31/05.
CAY Time: 26.25 COST: $144.45
Graves, Frank III 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: Appellant's brief over due.
Next Activity: Move to dismiss.
Time: 0.5 Costs: 0.00
Hardin Michelle v. Monroe -County CA K 99-1046
Circuit Court 16t Judge: Miller Date Filed: 913199
Appeal of code enforcement decision.
Growth Management/Code Enforcement RBS
Current Status: Status review on pending motions.
Next Activity: File County's brief.
M&H Billing to date:$10,241.57 thru 8/31/05.
CAY Time: 6.5
Johnson Lloyd v. Marlene Conaway CA K 02-1248
Circuit Court 16 Judge: Payne Date Filed: 10/30/02
Writ of Mandamus challenge to boundary determination.
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 1h Judge: Garcia Date Filed: 3111/03
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
Lee Vera Estate of CP K 02-112
Circuit Court 16 Judge: Taylor Date filed: 5114/02
County has claim in probate case for an elderly home loan & unpaid taxes.
Housing Authority & Constitutional Officer RBS
Current Status: Estate re -opened, CAY appointed PR, property listed.
Next Activity: Sell property to satisfy all liens, complete estate.
Time: 5.4 Costs:
Er
McCole Jeanine v. City of Marathon v. Monroe County & State CA M 05-314
Circuit Court (16t) Judge: Payne Date Filed: 12/1415
Third Party claim by Marathon for takings case brought by property owners.
Growth Management/Planning RBS
Current Statuts: 8128 County moved to dismiss third party complaint.
Next Activity: If not dismissed by 9/25, move for sanctions.
Time:7.5 Costs: 0.00
McIntyre, Edward v. Richard Roth & Monroe County 80-1721-CIV-WMH
US Dist. SDFla. Judge: Hoeveler Date Filed: 718180
Civil Rights action filed in 1980 over old jail facilities. Settled 12/1991.
Constitutional Officer/MCSO RBS
Current Status: Status report being finalized.
Next Activity: Status conference to be scheduled.
CAY Time: 13.0 Costs: $86.77 (since March 2005)
Monroe County v. Matthew Bonnett CAK-05-911
Circuit Court 161nJudge: TBA Date Filed: 91915
Code enforcement lien collection action authorized 10/17/04, $78,000.
Growth Management/Code Enforcement PJM
Current Status: Discovery.
Next Activity: Bonnett's discovery responses due 91116.
Time: 6.8 hours Costs: $295.00
Monroe County v. Dept. of Community Affairs 06-2856GM
DOAH Judge: Alexander Date Filed: 7121/06
Administrative challenge to DCA's rejection of County's ordinance establishing
density bonus for affordable housing units measuring no more than 750 sq.ft.
Growth Management/Planning JDS
Current Status: Being held in abeyance.
Next Activity: Status report due 9129/06.
Time:60.25 Costs: 0.00
10
Monroe County v. Alain Y. Depierrefeu CAK-03-1504
Circuit Court 16"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: Discovery.
Next Activity: Discovery.
V & B Fees billed to date: None
CAY Time: 6.7
Costs. 0.00
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: same as previous entry.
Next Activity: Same as previous entry.
V&B Fees billed to date: None
CAY Time: 3.5 hours
Costs: 0.00
_Monroe County v. Dorothy Hough, et al CAP-05-160
Circuit Court 16,nJudge: Garcia Date Filed: 416105
Action to collect unpaid code enforcement fine of $61,850.00.
Growth Management/Code Enforcement RBS
Current Status: Settlement agreement drafted, $15,000.00 being held.
Next Activity: BOCC to consider settlement agreement 9/20/06.
Time: 17.4 hours Costs: $596.00
Monroe County v. James Jean uenat CAP-05 317
Circuit Court'16 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
11
Monroe County v. Key Largo Ocean Resorts Coop, Inc. CAP-96-260
Circuit Court 16Judge: Garcia Date Filed: 5/20/96
Action to foreclose a code enforcement lien.
Growth Management/Code Enforcement RIBS
Current Status: Development agreement application being reviewed.
Next Activity: Status report due with the Court 10/1/06.
Time: 41.5 hours Costs: $340.00
Monroe County v. Pedro Liz CAK-05-420
Circuit Court 16,n Judge: Jones Date Filed: 4122105
Collection action authorized by BOCC on 7/17/03; fines exceed $816,300.00.
Growth Management/Code Enforcement RBS
Current Status: Guardian appointed, Answer filed.
Next Activity: Discovery and/or settlement discussions.
Time: 10.1 hours Costs: $555.00
Monroe County v. Man► Ellen Lloyd CAM-03-362
Circuit Court 16Judge: 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: Settlement agreement drafted.
Next Activity: Waiting for signature from Lloyd on agreement.
V&B Fees billed to date: None Costs: 0.00
CAY Time: 6.5 hours
Monroe County v. Arthur Mehr CAP-05-348
Circuit Court 16Judge: 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: 13.7 hours Costs: $850.00.
12
Monroe County v. James Messera et al CAK-03-1509
Circuit Court 161Judge: 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 responses due 9/1 /6.
V & B Fees billed to date: 67.3 Costs: $1029.03
CAY Time: 3.0
Monroe County v. Outland Properties CAP-05-400
Circuit Court 16 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 due 9/15/6.
Time: 1.6 hours Costs: 300.00
Monroe County v. VircliniaSaw er & Ton 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 RIBS
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
13
Monroe County v. Louis Welters CAK-04-639
Circuit Court 16 Judge: Jones Date Filed: 6114/04
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: 2.5
O'Daniel, John & Theresa Hill v. Monroe County CA P 02-141
Circuit Court 16 Judge: Garcia Date Filed: 3/13/02
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
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: On appeal to 11th Circuit which certified question to Florida
Supreme Court.
Next Activity: None, await ruling.
M&H Billing to date: $123,563.24.
CAY Time: 0.5
`[l
Neumont, Elizabeth et al. v. Monroe County 04-13610-X
11 Circuit Court of Appeals Judges: TBA Date Filed: 7/15104
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.
CAY Time: 4.5
Oliveros, Joseph v. Ana M. Velazquez & Monroe County CA P 06-130
Circuit Court 16 Judge: Garcia Date Filed: 3/20106
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
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 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 wl Dept. of State.
Next Activity: Collection.
Time: 6.2 hours Costs: $56.00
`61
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
POTENTIAL CASES THAT HAVE NOT YET BEEN FILED
Ballard, Kandi v. Bergen Trust and Monroe County TBA
TBA Judge: TBA Date Filed: TBA
PI case arising from County's of Bergen property for hurricane debris.
Risk ManagementtEngineering RBS
Current Status: Reviewing claim and information provided.
Next Activity: None until/unless suit is filed.
Time: 7.1 Costs: $0.00
16
Bott, Andrew & Donna v. City of Marathon CA M 05-267
Circuit Court (16) 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 RBS
Current Status: Appealed to 3rd DCA;
Next Activity: None pending appeal.
Time.13.5 Costs: 0.00
Botts Andrew & Donna v. City of Marathon 3D06-1261
Third DCA Judges: TBA Date Filed: 5/24/6
Appeal of dismissal of CA M 05-267.
Growth Management/Planning RBS
Current Status: Reviewing Bott's brief to determine if should file amicus brief.
Next Activity: City's brief due: 9/25/6
Time: 1.0 Costs: 0.00
Calusa Campground Condo v. Monroe County, et al., TBA
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 ManagementtPublic Works RBS
Current Status: Assisting Risk with investigation of claim.
Next Activity: Issue letter by 11/22/06.
Time: 0.2 Costs: 0.00
17
Circuit Court (20'") Judge: Steinbeck, M. Date Filed: 9/7100
Class action suit by health care providers against insurance companies for late
payment of PIP benefits w/o interest. EMS has been notified that it is a potential
class member and of proposed settlement.
Emergency Services/EMS RBS
Current Status: Reviewing documents to determine County's interest.
Next Activity: Opt out deadline October 31, 2006.
Time: 0.5 Costs: 0.00
Good, Lloyd v. Monroe County TBA
Circuit Court (16) Judge: Date Filed:
Bert J. Harris Act claim regarding two parcels of property owned by Lloyd Good.
Growth Management/Planning RBS/JDS
Current Status: Settlement agreement drafted.
Next Activity: Good reviewing draft settlement agreement.
Time: 8.6 hours Costs: $5.56
Hamelton, Charles v. KWRU & Monroe County CA K 04-74
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: Trial 11/6/2006.
Fees Billed to Date: 0.00
CAY Time: 14.1
Costs: 0.00
IN
Monroe County v. Estate of Thomas O'Brien CP K 05-164
Small Claims Monroe Judge: TBA Date Filed:
Action against estate to collect unpaid ambulance bill of $861.81.
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 County 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 set up conference.
Next Activity: None scheduled.
Time: 9.2 hours Costs: 0.00
Stewart, Becky v. Monroe County TBA
TBA Judge: TBA Date Filed: TBA
Tort claim arising from accident involving County vehicle in Ocala.
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
et all v. Michael Hunter, et aL
37 2006 CA 1823
Circuit Court (2"d — Leon) Judge: TBA Date Filed: 7120106
Class action filed against Florida Medical Examiners' Commission and 17
appointed district medical examiners seeking a refund of cremation fees that
were not authorized by statute. Dr. Hunter will be retaining his own counsel.
Engineering RBS
Current Status: County not named as a party at this time.
Next Activity: None unless & until County named.
Time: 1.5 Costs: $0.00
19
CASES BEING LITIGATED BY OUTSIDE COUNSEL
Ferencik, Libanoff, Brandt, Bustamante and Williams, P.A. (Ira Libanoff)
Monroe County v. Bender & Associates et al CAK-03-915
Circuit Court 16 thJudge: Jones Date Filed: 814103
Breach of contract and negligent misrepresentation action arising from the
defective windows in the Gato building.
Engineering/Construction Management RBS
Current Status: Complaint amended to add additional DF.
Next Activity: Discovery.
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 of contract action against County's former architect.
Engineering/Construction Management RBS
Current Status: Discussions with Gonzalez
Next Activity: None pending.
Fees billed to Date: $11,119.87 Costs: $872.21 (thru 3/10/06)
CAY Time: 12.5
Monroe County v. Lod - a Construction et al CAK-00-617
Circuit Court 16 Judge: Payne Date Filed: 5111/00
Suit against general contractor & its surety for breach of contract.
EngineeringlConstruction 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).
20
Tro ex Construction Service Inc. v. Monroe County CA P 06-44
Circuit Court 16 Ih 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: 9/11/06 court granted County's motion to dismiss.
Next Activity: Proceed on County's counterclaim.
Billing Received to date: none.
CAY Time: 1.1 Costs: 0.00
Gray Robinson (Ed Scales & Monterery Campbell)
Neumont Elizabeth v. State & Monroe County SC 06-1204
Fla. Supreme Court Judges: en Banc Date Filed: 611416
Certified question from the 11 f" 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: County's brief drafted, being edited and revised.
Next Activity: County's brief due 9/28106.
Billing Received to date:
Time:9.6 Costs: 0.00
Greenberg, Traurig (Dave Jordan)
F.K.C.C. & Last Stand v. D.C.A. & Monroe County DOAH 06-2449GM
DOAH ALJ: Alexander Date Filed: 71716
Administrative challenge to ordinances adopting Tier system.
Growth Management/Planning JDS/RBS
Current Status: Discovery, trial preparation.
Next Activity: Final hearing to be held 9128 — 1013 in Miami.
CAY Time: 35.0 Costs: 0.00
Billing received to date:
21
Johnson, Anselmo, Murdoch, Burke, Piper, & McDuff, P.A.
(Bruce Johnson, Mike Burke, Tammy Scrudders)
Bauknight, Skagqs & 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: Third party complaint against State filed 1/11/06.
Next Activity: Discovery.
Fees billed to date: $832.24 Costs 0.00
Bauknight, Skag-gs & Rockett v. Monroe County 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
Bauknight, et al. v. Monroe Count 05-10868-F
11 Cir. Ct. of Appeals Judge: TBA Date Filed: 2111105
Property owners' appeal of denial of attorney's fees against the County
Growth Management/Planning RIBS
Current Status: Mandate issued 6/22/06,
Next Activity: 9/20/06 deadline for filing cert. petition with Supreme Court.
Fees billed to date: None. Costs: 0.00
22
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-II
117Circuit 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-II.
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
Monroe County v. Florida Key Deer, et al 05-16990-II
1116Circuit 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
23
Florida Key Deer, et al v. Gale Norton Sec. of Interior 05-10063-CIV-KING
U.S.D.C. S.D.FIa. 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: 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. Kolhage & 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: Magistrate recommends dismissal for failure to state a claim.
Next Activity: Court to rule on Magistrate's recommendation.
CAY Time: 9.0
Fees & Costs billed to date: $33,695.01
H land Thomas G. v. Danny L. Kolha a 06-12733D
11 Circuit (US) Judge: TBA Date Filed: 5l416
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: Dismissed by Court.
Next Activity: Close after hearing period expires 9/22/06.
Time:1.6 Costs: 0.00
Billing to Date: none
24
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 RIBS
Current Status: Final Order in County's favor issued 6/29/06.
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/Planning RBS
Current Status: Briefing complete.
Next Activity: Oral argument 9/20/06.
Fees billed to date: see DOAH case for fees.
CAY Time: 1.0 hours Costs: 0.00
Hardee, Evelyn v. Monroe County CAP-05-255
Circuit Court 16,nJudge: Garcia Date Filed: 6I3105
Tort action arising from alleged fall at PK Court house. Settled for $25,000.00.
Risk Management/Public Works RBS
Current Status:
Next Activity
Dismissed 617106. Re -opened 81216
Hearing set for 101512006.
Fees billed to date: $28,053.11 (thru 6/16/06).
CAY Time: 10.3 hours
P&I
Kessler, Stuart v. Monroe County & Tom Willi CA K 05-1006
Circuit Court 16 InJudge: Jones Date Filed: 10/11/2005
Whistle -Blower & Civil Rights claim by former employee.
Human Resources/Risk Management RBS
Current Status: Discovery.
Next Activity: Discovery.
Fees & Costs billed to date: $17,7776.92 (thru 2/1/06)
CAY Time: 40.8
Neuman, Kenneth v. Monroe County CAK-04-663
Circuit Court 16t Judge: Jones Date Filed: 6121/04
Action for damages and to compel County to issue building permits.
Growth Management/Planning RBS
Current Status: Discovery.
Next Activity: Case stayed for 45 days negotiating settlement.
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 th Judge: Jones Date Filed: 4/13/05
Case alleging tortious interference with contract by airport DBE subcontractor.
Risk Management/Airports/MCSO PJM
Current Status: County's summary judgment motion heard 9/716.
Next Activity: Await ruling on County's motion for summary judgment.
Fees billed to date: $743.86 Costs: 0.00
CAY Time: 13.9 hours
III
Paul, Hastings (Bob Freilich & Derek Howard)
Collins, Thomas, et al v. Monroe County CAM-04-379
Circuit Court'16 Judge: 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 set 9/26/06.
Total Fees billed to date: $904,043.84 (thru 8/9/06)
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 Management/Planning RBS/JDS
Current Status: Motion for summary judgment filed.
Next Activity: Hearing 10/12/06.
P, H Billing to date: None
M&H Billing to date: $94,550.56 as of 10/31/05
CAY Time: 15.5
Galleon Bav v. Monroe County v. State of Florida CA K 02-595
Circuit Court 16 Judge: Payne Date Filed: 5121102
Inverse condemnation and vested rights action.
Growth Management/Planning
Current Status: 9/12/6 Judge Payne ordered new trial.
Next Activity: Status hearing 9/25/06.
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
Assigned Assistant County Attorney
PJM = Pedro Mercado
JDS = Jerry Sanders
RBS = Bob Shillinger
RBS
27