Item P01
December 2006 Litigation Report
To: Mayor McCoy & County Commissioners
Tom Willi, County Administrator
From: Suzanne Hutton, County Attorney
Date: December 14,2006
Summary
Number of Cases
New cases opened in last month 7
Cases closed since last report 3
CAY active cases 57
Potential cases not yet filed 15
Outside Counsel Cases 26
Constitutional Officers
Engineering
Growth Management
Miscellaneous
Public Works
Risk Management
Total Cases pending
78
Index
New Cases
Cases Closed
CAY Litigation Cases Trial & Appellate Level
Potential Cases
Outside Counsel Cases
Ferencik, Libanoff (Ira Libanoff) (4 cases)
Gray Robinson (Ed Scales & M. Campbell) (1 case)
Greenberg, Traurig (Dave Jordan) (1 case)
Johnson, Anselmo, (Bruce Johnson & Mike Burke (13 cases)
Paul, Hastings (Bob Freilich & Derek Howard) (4 cases)
Page 2
4
5
14
18
18
20
20
20
25
8
6
51
6
4
10
CASES OPENED SINCE OCTOBER'S REPORT
(No Report Submitted in November 2006)
EEOC v. Monroe County
EEOC Miami
Sexual Harrassment claim by County employee.
Employee Services
510-2006-04265
Date Filed: 10/13/06
RBS
Current Status: County's response submitted.
Next Activity: Await outcome of EEOC investigation.
Johnson, Anselmo billing to date: 0.00
CAY Time: 24.8 Costs: 0.00
Franz, Jennifer v. Monroe County & J. Jefferson Overby CA P 06-475
Circuit Court (16th) Judge: Garcia. Date Filed: 12/7/06
Writ of Prohibition regarding Code Enforcement proceeding.
Growth Management/Planning RBS
Current Status: Reviewing petition and rule nisi.
Next Activity: Monroe County's answer due 12/28/06.
Time: 0.00
Costs:
0.00
GEICO v. Monroe county CA K 06-270
Circuit Court 16th Judge: Payne Date Filed: 11/22/06
Tort claim for property damage as a result of car accident.
Risk Management RBS
Current Status: Mayor served 11/30/06.
Next Activity: County's responsive pleading due 12/30/06.
Time: 2.6 Costs: 0.00
2
Howard. Carlton v. Monroe County Public Works 06-CV-10113
S.D.Fla. Judge: Moore Date Filed: 10/26/06
Employee ADA claim arising from alleged discrimination in promotion interview.
Employee Services RBS
Current Status: County's coverage counsel filed motion to dismiss; Plaintiff
amended complaint to correct some defects raised in the
County's motion.
Next Activity: Ruling on motion to dismiss.
Johnson, Anselmo billing to date: 0.00
CAY Time: 1.5 Costs: 0.00
~htner. Nellie v. Monroe County
16 Circuit Judge: Garcia
Inverse condemnation action.
Growth Management/Planning
CA P 06-562
Date Filed: 12/12/06
RBS
Current Status: Complaint filed, Mayor not served.
Next Activity: Await service, review complaint.
Time: 0.1 Costs: 0.00
Riverview Consultants v. Monroe County 3D06-2811
Third DCA Judges: TBA Date Filed: 11/15/06
Appeal of summary judgment in favor of County on Airports' former DBE
consultant's tortious interference with contract claim. PJM
Airports/Risk Management
Current Status: Notice of appeal filed; will be handled by Johnson, Anselmo.
Next Activity: Record to be completed by January 5, 2007.
Time: 0.1 Costs: 0.00
3
Sierra Club at al. v. DCA. Miami-Dade Co.. Monroe Co. et al 3 D06-2544
Third DCA Judges: TBA Date Filed: 10/12/06
Appeal of Final Administrative Order upholding amendment to Miami-Dade
County's comprehensive plan converting Krome Avenue into a major roadway (3
or more lanes). Monroe had intervened below on side of challengers; BOCC
gave direction to take no further action so named as Appellee in the appeal.
Growth Management/Planni ng RBS
Current Status: Index of Record Complete.
Next Activity: Appellants' briefs due 12/21/06.
Time: 0.5 Costs: 0.00
CASES CLOSED SINCE NOVEMBER'S REPORT
Beyer. Gordon & Mollv v. Marathon v. Monroe County & State CA M 05-313
Circuit Court (16th) Judge: Payne Date Filed: 12/14/5
Third Party claim by Marathon for takings case brought by property owners.
Growth Management/Planning RBS
Current Status: Marathon voluntarily dismissed Third Party claims against
County on 10/26/06.
Next Activity: Closed.
Time: 8.5
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.
Constitutional Officer/MCSO RBS
Current Status: Court dropped County as a party 1117/06.
Next Activity: None, closed.
Time: 2.2 hours
Costs: 0.00
4
McCole. Jeanine v. City of Marathon v. Monroe County & State CA M 05-314
Circuit Court (16th) Judge: Payne Date Filed: 12/14/5
Third Party claim by Marathon for takings case brought by property owners.
Growth Management/Planning RBS
Current Statuts: Marathon voluntarily dismissed Third Party claims against
County on 10/26/06.
Next Activity: Closed.
Time: 9.6
Costs:
0.00
CAY LITIGATION - Trial & Appellate Level
See Outside Counsel Section for Cases being Handled Jointly
Acredited Home Lenders. Inc. v. OIQa Ruiz & M.onroe County CA K 06-543
Circuit Court 16th 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
Aauiar. Alexander & Elizabeth Ginart v. Monroe County CA P 06-189
Circuit Court 16th Judge: Garcia Date Filed: 5/5106
Appeal from decision of Code Enforcement Special Magistrate
Growth Management/Code Enforcement PJM
Current Status: Motion to dismiss pending.
Next Activity: Attend hearing 1/10107 motion to dismiss.
Time: 1.3
Costs:
0.00
5
Bankunited v. M. & J. Jordan & Monroe County et al. CA K 06-862
Circuit Court 16th Judge: Jones Date Filed: 8/22/06
Mortgage foreclosure action in which County holds inferior liens totaling $750.00.
Article V PJM
Current Status: Answer filed 9/11/06.
Next Activity: Await ruling on Motion to dismiss.
Time: Costs:
D.B. Key Lan:lo. LLC v. Monroe County Planninq Comm'n DOAH 06-484
DOAH Judge: Johnston Date Filed: 2/10/06
Administrative appeal of planning commission denial of an application for
amendment to a major conditional use permit.
Growth Management/Planning RBS
Current Status:
Held in abeyance by agreement of the parties.
Next Activity:
Status report due 1/17/07.
Time: 3.3 hours
Costs: 26.60
Dorn. Kenneth & Katie Pearce v. Monroe County CA P 06-203
16th Circuit Judge: Garcia Date Filed: 5/15/06
Quiet title action challenging imposition of conservation easement.
Growth Management/Planning RBS
Current Status:
Exploring settlement options with plaintiffs.
Next Activity:
Responsive pleading due 1/6/07.
Time: 5.8
Costs:
0.00
6
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:
Historic structure being renovated.
Next Activity:
None at this time.
Time: 4.8 hours
Costs: 0.00
Evans, Ronald & Marvanna v. Monroe County & K.LO.R. CA P 06-206
16th 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/RBS
Current Status:
Held in abeyance pending arbitration.
Next Activity:
None.
Time: 14.2
Costs:
0.00
Fuchs. Walburga v. Monroe County
Circuit Court 16th Judge: Payne
This is a code enforcement appeal of an OSTDS case.
Growth Management/Code Enforcement
CAK-01-1251
Date Filed: 10/5/01
RBS
Current Status: The Court sua sponte scheduled oral argument.
Next Activity: Oral argument to be rescheduled.
Time: 12.9 hours
Costs: 0.00
Good. Lloyd 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:
County's motion to dismiss granted wI 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: 29.25 COST: $144.45
7
Graves, Frank III v. Monroe County
Circuit Court 16th Judge: Garcia
Code Enforcement appeal
Growth Management/Code Enforcement
CA P 06-154
Date Filed: 417/06
PJM
Current Status: Motion to dismiss pending.
Next Activity: Attend hearing on motion to dismiss 1/10/07.
Time: 0.9
Costs:
0.00
Hardin, Michelle v. Monroe County
Circuit Court 16th Judge: Miller
Appeal of code enforcement decision.
Growth Management/Code Enforcement
CA K 99-1046
Date Filed: 9/3/99
RBS
Current Status: Status review on pending motions.
Next Activity: File County's brief.
M&H Billing to date:$1 0,241.57 thru 8/31/05.
CAY Time: 6.5
Johnson. Lloyd v. Marlene Conaway
Circuit Court 16th Judge: Payne
Writ of Mandamus challenge to boundary determination.
Growth Management/Planning
CA K 02-1248
Date Filed: 10/30/02
RBS
Current Status: Status report from Judge's chambers pending.
Next Activity: If needed, schedule hearing on Motion to Dismiss.
M&H Billing to date:
CAY Time: 3.4
$2,219.62 through 8/31/05.
Kalan. Suzanne v. Monroe County
Circuit Court 16th Judge: Garcia
Inverse condemnation action.
Growth Management/Code Enforcement
CA P 03-155
Date Filed: 3/11/03
RBS
Current Status: Held in abeyance pending BUD hearing.
Next Activity: None pending.
M&H Billing to date:
CAY Time: 1.0
$2,855.77 as of 8/31/05.
8
Ladd. Lucy v. Monroe County
Circuit Court 16th Judge: Miller
Mandamus action on building permit allocation issue.
Growth Management/Planning
CA K 06-952
Date Filed: 9/12/2006
RBS
Current Status: Settlement negotiations.
Next Activity: Present agreement to BOCC 12/20/06.
Time: 12.0
Costs:
0.00
Lee. Vera Estate of CP K 02-112
Circuit Court 16th Judge: Taylor Date filed: 5/14/02
County has claim in probate case for an elderly home loan & unpaid taxes.
Housing Authority & Constitutional Officer RBS
Current Status: Estate re-opened, CAY appoitlted PR, property listed.
Next Activity: Sell property to satisfy all liens, complete estate.
Time: 9.9 Costs:
Mcintyre. Edward v. Richard Roth & Monroe County
US Dist. SDFla. Judge: Hoeveler
Civil Rights action filed in 1980 over old jail facilities.
Constitutional Officer/MCSO
80-1721-CIV-WMH
Date Filed: 7/8/80
Settled 12/1991.
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 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: Discovery.
Next Activity: Bonnett's discovery responses overdue.
Time: 6.8 hours
Costs: $295.00
9
Monroe County v. Donald Brown CA K 06 953
Circuit Court 16th Judge: Jones Date Filed: 9/14/06
Code Enforcement Lien collection action for commercial property on Big Cop pitt.
Growth Management/Code Enforcement PJM
Current Status: Answer filed.
Next Activity: Discovery.
Time: 0.6
Costs:
$255.00
Monroe County v. DeDi. of Community Affairs DOAH 06-2856
DOAH Judge: Alexander Date Filed: 7/21/06
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 RBS
Current Status:
Being held in abeyance.
Next Activity:
Status report due 6/1/07; closed session requested 1/07.
Time: 60.25
Costs:
262.5
Monroe County v. Alain Y. DeDierrefeu 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:
Discovery.
Next Activity:
Discovery.
V & B Fees billed to date: None
CAY Time: 6.7
Costs: 0.00
Monroe County v. Alain Y. DeDierrefeu CAK-03-1507
Circuit Court 16th Judge: Jones Date Filed: 12118/03
Code enforcement foreclosure action authorized by the BOCC on 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
same as previous entry.
Next Activity:
Same as previous entry.
V&B Fees billed to date: None
CAY Time: 3.5 hours
Costs: 0.00
10
Monroe County v. James JeanQuenat
Circuit Court 16th Judge: Garcia
Collection action authorized by BOCC on 4/21/04.
Growth Management/Code Enforcement
CAP-OS 317
Date Filed: 7/18/05
Fine exceeds 136,100.00.
RBS
Current Status: Motion for Dismiss filed.
Next Activity: Motion hearing TBA.
Time: 3.7 hours
Costs: $275.00
Monroe County v. Kev LarQo Ocean Resorts CooP,lnc.
Circuit Court 16th Judge: Garcia
Action to foreclose a code enforcement lien.
Growth Management/Code Enforcement
CAP-96-260
Date Filed: 5/20/96
RBS/RBS
Current Status: Development agreement application being reviewed.
Next Activity: Status report due with the Court 1/1/07.
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: Guardian appointed, Answer filed.
Next Activity: Draft settlement agreement.
Time: 11.0 hours
Costs: $555.00
Monroe County v. Arthur Mehr
Circuit Court 16th Judge: Garcia
Code fine collection action. Fine exceeds $42,000.00.
Growth Management/Code Enforcement
CAP-05-348
Date Filed: 8/5/05
RBS
Current Status: Discovery.
Next Activity: Discovery.
Time: 13.7 hours
Costs: $850.00.
11
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: Settlement drafted.
Next Activity: Finalize settlement.
V & B Fees billed to date: 67.3
CAY Time: 3.0
Costs: $1029.03
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:
Discovery responses overdue.
Next Activity:
Move to compel discovery.
Time: 1.6 hours
Costs: 300.00
Monroe County v. VirQinia 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: Settlement negotiations pending.
Next Activity: If unsuccessful, move for summary judgment.
V & B Fees billed to date: None
CAY Time: 2.0
Costs: 0.00
Monroe County v. Virginia 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: 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
12
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: Settlement negotiations pending.
Next Activity: If unsuccessful, move for summary judgment.
V&B Fees billed to date: None
CAY Time: 2.5
Costs: 0.00
O'Daniel, John & Theresa Hill v. Monroe County
Circuit Court 16th Judge: Garcia
Appeal of code enforcement action and vested rights claim.
Growth Management/Code Enforcement/Planning
CA P 02-141
Date Filed: 3/13/02
RBS
Current Status:
Mandate from Third DCA received 1/13/06.
Next Activity:
Status inquiry with chambers pending.
M&H Billing to date:
CAY Time: 2.5
$42,782.73 as of 10/31/05
Neumont. Elizabeth et at 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 11 th Circuit which certified question.
Next Activity:
None, await ruling.
M&H Billing to date: $123,563.24.
CAY Time: 0.5
Neumont, Elizabeth et at v. Monroe County
11th Circuit Court of Appeals Judges: TBA
Appeal of 99-1 0054-CV above.
Growth Management/Planning
04-13610-X
Date Filed: 7/15/04
RBS
Next Activity:
Court certified question to Florida Supreme Court.
None in 11th Circuit until certified question answered.
Current Status:
CAY Time: 4.5
13
Oliveros. Joseph v. Ana M. Velazquez & Monroe County
Circuit Court 16th Judge: Garcia
Quiet title action to property conveyed via tax deed.
Constitutional Officer/ClerklTax Collector
CA P 06-130
Date Filed: 3/20/06
RBS
Current Status: County has no interest to defend in case.
Next Activity: None.
Time: 1.8 Costs: 0.00
POTENTIAL CASES THAT HAVE NOT YET BEEN FILED
Allison, Dverly Delores and Carl Eldred and Monroe County TBA
TBA Judge: TBA Date Filed: TBA
Potential person injury action due to alleged slip and fall.
Risk Management RBS
Current Status:
Reviewing claim and information provided.
Next Activity:
None until/unless suit is filed.
Time: .2
Costs: 0.00
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 Management/Engineering RBS
Current Status: Reviewing claim and information provided.
Next Activity: None until/unless suit is filed.
Time: 7.1 Costs: $0.00
14
Bott. Andrew & Donna v. City of Marathon CA M 05-267
Circuit Court (16th) 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
Bott. Andrew & Donna v. City of Marathon
Third DCA Judges: TBA
Appeal of dismissal of CA M 05-267.
Growth Management/Planni ng
3D06-1261
Date Filed: 5/24/6
RBS
Current Status: City's brief served. County not serving amicus brief.
Next Activity: Bott's reply brief due 12/22/06.
Time: 2.0
Costs:
0.00
Calusa CampQround Condo v. Monroe County, at al.. TBA
Circuit Court (16th) Judge: Date Filed:
Threatened action by condominium resulting from statements regarding platting
requirements by Growth Management personnel.
Growth Management/Planning RBS
Current Status: Settlement negotiated.
Next Activity: Finalize agreement and present to BOCC.
Time: 2.5
Costs:
0.00
Cormier. Leonard TBA
Circuit Court (16th) Judge: TBA Date Filed: TBA
Personal injury claim arising from alleged injuries at East Martello
Risk Management/Public Works RBS
Current Status: Assisting Risk with investigation of claim.
Next Activity: Status review with Risk.
Time: 0.2
Costs:
0.00
15
Fulton. Charles et al v. Nat'l Gen. Assurance Co., et al. 00-7549-CA-LG
Circuit Court (20th) Judge: Steinbeck, M. Date Filed: 917/00
Class action suit by health care providers against insurance companies for late
payment of PIP benefits wlo interest. EMS has been notified that it is a potential
class member and of proposed settlement.
Emergency ServiceslEMS 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 (16th) Judge: Date Filed:
Bert J. Harris Act claim regarding two parcels of property owned by Lloyd Good.
Growth Management/Planning RBS/RBS
Current Status:
Settlement agreement drafted.
Next Activity:
Good reviewing draft settlement agreement.
Time: 8.6 hours
Costs: $5.56
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
Monroe County & Danise HenriQuez v. Hotels.com LP 06~CV - TBA
U.S. Dist. Ct., S.D.Fla. Judge: Huck Date Filed:
Action against internet hotel reservation entities to collect unpaid bed taxes.
Constitutional OfficerlTax Collector RBS
Current Status: Negotiating terms of representation with outside counsel.
Next Activity: None until due diligence completed.
Time: 1.5 Costs: 0.00
16
State of Florida v. Monroe County TBA
TBA Judge: TBA Date Filed: n/a
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
TAMPOA v. City of Key West & Bahama VillageConsortium en CA K 06-55
16th Circuit Judge: Jones Date Filed: 1/17/06
Breach of contract action to enforce settlement agreement between T AMPOA
and City over use of Southard Street. BVC intervened on side of City.
Public Works/Facilities Maintenance RBS
Current Status: Court denied County's motion to intervene.
Next Activity: Decision on appeal w/in 30 days of rendering of order.
Time: 10.5 Costs: 65.00
Watts, Margaret. et al v. Michael Hunter, at al. 372006 CA 1823
Circuit Court (2nd - Leon) Judge: TBA Date Filed: 7/20/06
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.
Medical Examiner 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
17
Wells, David M. v. Monroe County CA K TBA
Circuit Court (16th) Judge: TBA Date Filed: TBA
Tort claim against Monroe County for alleged false statements made by
employee to law enforcement officer that led to claimant's arrest.
Risk Management/Emergency Services RBS
Current Status:
Claim filed 10/3/06 being reviewed.
Next Action:
County has 6 months to evaluate the claim.
Time: 0.2
Williams. Charles v. Luis Garcia & Monroe County 4:06-cv-10043-KMM
US S.D.Fla. Judge: Moore Date Filed: 5/16/06
Inmate civil rights action against Judge and "County as his employer".
Constitutional Officer
Current Status:
Case screened by Court for sufficient cause to proceed.
Next Action:
If sufficient cause found, County will be served.
Time: 0.2
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 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:
Complaint amended to add additional DF.
Next Activity:
Discovery.
Fees billed to date: $115,090.50 Costs: $12,856.26 (thru 8/04/06)
18
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:
Nothing pending until licensing review completed.
Next Activity:
None pending.
Fees billed to Date:
CAY Time: 12.5
$10,245.00 Costs: $1,079.38 (thru 9/06/06)
Monroe County v. LodQe Construction, et al CAK-00-617
Circuit Court 16th Judge: Payne Date Filed: 5/11/00
Suit against general contractor & its surety for breach of contract.
Engineering/Construction Management RBS
Current Status:
Motion to set before Senior Judge pending.
Next Activity:
Ruling on Senior Judge motion pending & trial date to be set.
Fees billed to date: $300,858.75 Costs: $71,530.01 (thru 8/04/06).
Tropex Construction Service, Inc. v. Monroe County CA P 06-44
Circuit Court 16th 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:
Discovery.
Next Activity:
Discovery.
Billing Received to date: none.
CAY Time: 1.1 Costs: 0.00
19
Gray Robinson (Ed Scales & Monterery Campbell)
Neumont, Elizabeth v. State & Monroe County SC 06-1204
Fla. Supreme Court Judges: en bane Date Filed: 6/14/6
Certified question from the 11 th 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: Briefing complete.
Next Activity: Oral argument 4/19/06.
Billing Received to date: $9,981.56
CAY Time: 11.2 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: 717/6
Administrative challenge to ordinances adopting Tier system.
Growth Management/Planning RBS/RBS
Current Status: Trial preparation
Next Activity: Final hearing Feb. 6-9, 2006
CAY Time: 95.0
GreenbergTraurig
Costs: $10,272.87
$4,485.00
Johnson, Anselmo, Murdoch, Burke, Piper, & McDuff, P.A.
(Bruce Johnson, Mike Burke, Tammy Scrudders)
BaukniQht. 5ka~s & 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
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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: Injunction in place. 6/9/6, Federal defendants moved for two
month extension to produce revised biological opinion and new RPAs.
Next Activity:
On appeal, see 05-16374-11
Billing to Date: none
CAY Time: 33.8
Costs: 0.00
Paulson. R.D. v. Florida Key Deer. et al 05-16374-11
11th Circuit Judges: TBA Date Filed: 11/10/05
Appeal of Southern District's injunction in 90-10037-CIV. County appeared as
am;cus curiae because denied intervention. See Case No.: 05-16990-11.
Growth Management/Planni ng RBS
Current Status: Briefs complete.
Next Activity: Awaiting decision by Court.
Billing to date:
CAY Time:
none
0.5
Costs:
0.00
Monroe County v. Florida Kev Deer, et al 05R16990-11
11th Circuit Judges~ TBA Date Filed: 12/12/05
Appeal of denial of County's motion to intervene in 90-10037-CIV.
Growth Management/Planning RBS
Current Status: Briefs complete.
Next Activity: Await decision by the Court.
Billing to Date: None
CAY Time: 1.0
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Florida Kev 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: 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
CAY Time: 6.5
Costs: 0.00
FKCC & Last Stand v. FL Admin. Comm.. Monroe County DOAH 04-2756
DOAH Judge: Carolyn Holifield Date Filed: 08105/04
Administrative Rule challenge to partnership agreement with State.
Growth Management/Planning RBS
Current Status: Final Order in County's favor issued 6/29/06.
Next Activity: None pending appea1.
Fees billed to date: $59,464.92
CAY Time: 190.1 hours
Costs: 0.00
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: Affirmed 11/15/06.
Next Activity: Motion for rehearing or clarification pending.
Fees billed to date: see DOAH case for fees.
CAY Time: 1.5 hours Costs: 0.00
22
Hardee, Evelyn v. Monroe County
Circuit Court 16th Judge: Garcia
Tort action arising from alleged fall at PK Court house.
Risk Management/Public Works
CAP-05-255
Date Filed: 6/3/05
Settled for $25,000.00.
RBS
Current Status: Dismissed 617/06. Re-opened 8/2/6
Next Activity: Evidentiary hearing in January or February, no date yet
Fees billed to date: $28,333.39 (thru 6/16/06).
CAY Time: 11.9 hours
Hyland. Thomas G. v. D. Kolhaae & R. Thurston 04-10102-CIV
U.S.D.C.SD.Fla. Judge: Highsmith Date Filed: 10/21/04
Civil Rights action against Deputy Clerk of Court by inmate.
Constitutional Officer/Clerk RBS
Current Status: Dismissed by Court.
Next Activity: Appeal filed 10/10106.
CAY Time: 9.0
Fees & Costs billed to date:
$34,390.70
Hxland. Thomas G. v. Danny L. Kolhaae & Ruth Thurston 06-15372-A
11 h Circuit (US) Judge: TBA Date Filed: 10/10/06
Third appeal arising from inmate civil rights action for alleged actions of deputy
clerk. Johnson, Anselmo is coverage counsel & co-counsel to CAY.
Constitutional Officer/Clerk RBS
Current Status: Await briefing schedule.
Next Activity: None until Hyland's brief is filed..
Time: .2 Costs: 0.00
Johnson, Anselmo, billing to Date: See District Court case.
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Kessler. Stuart v. Monroe County & Tom Willi CA K 05-1006
Circuit Court 16th Judge: 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:
CAY Time: 40.8
$19,535.67 (thru 10/18/06)
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: Cross motions for summary judgment pending.
Next Activity: Hearing on summary judgment motions 1/9/07.
Fees billed to date: $2,326.92
CAY Time: 5.8 hours
Costs: 200.00
Riverview Consultants, Inc. v. Monroe County CAK-05-373
Circuit Court 16th Judge: Jones Date Filed: 4/13/05
Case alleging tortious interference with contract by airport DBE subcontractor.
Risk ManagementlAirports/MCSO PJM
Current Status: Riverview appealed summary judgment in favor of County.
Next Activity: None pending appeal.
Fees billed to date: $743.86
CAY Time: 13.9 hours
Costs: 0.00
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Paul, Hastings (Bob Freilich & Derek Howard)
& Stephen Moore, LLC
Collins. Thomash et al v. Monroe County
Circuit Court 16t Judge: Payne
Takings action brought by 11 groups of plaintiffs.
Growth Management/Planning
CAM-04-379
Date Filed: 11/22/04
RBS
Current Status: Discovery.
Next Activity: Discovery.
Total Fees billed to date: $907,553.84 (thru 8/9/06)
CAY Time: 158.8 hours Costs: $90,979.63
Emmert. Helen & Greg v. Monroe County
Circuit Court 16th Judge: Garcia
Inverse condemnation and vested rights action.
Growth Management/Planni ng
CA P 02-520
Date Filed: 10/2/02
RBS
Current Status: Motions for summary judgment pending denied.
Next Activity: Trial April 2007.
P, H Billing to date:
M&H Billing to date:
CAY Time: 15.5
None
$94,550.56 as of 10/31/05
Galleon Bav v. Monroe County v. State of Florida
Circuit Court 16th Judge: Payne
Inverse condemnation and vested rights action.
Growth Management/Planning
CA K 02-595
Date Filed: 5/21/02
RBS
Current Status: Appeal filed on order of Judge Payne for new trial.
Next Activity: None pending outcome of appeal.
M & H Billing to date:
Paul, Hastings Billing:
CAY TIME: 56.5
$54,322.5 thru 1/25/06.
$245,016.00 Costs: $5,339.29
25
Monroe County & State v. Galleon Bay 3D06-2426 & 2421
Third DCA Judges: TBA Date Filed: 9/29/06
Appeal of Order granting new trial. Paul, Hasting lead counsel, CAY co-counsel.
Growth Management/Planni ng RBS
Current Status: Compiling record.
Next Activity: County's brief due 117/07.
Paul, Hastings Billing: See trial level case.
CAY TIME: 2.5
Assigned Assistant County Attorney
P JM = Pedro Mercado
RBS = Bob Shillinger
26