Item P01
February 2007 litigation Report
To: Mayor DiGennaro & County Commissioners
Tom Willi, County Administrator
From: Suzanne Hutton, County Attorney
Date: February 14, 2007
Summary
Number of Cases
New cases opened in last month 1
Cases closed since last report 2
CAY active cases 37
Potential cases not yet filed 12
Outside Counsel Cases 30
Constitutional Officers
Engineering
Growth Management
Miscellaneous
Public Works
Risk {Vlanagement
Total Cases pending
68
Index
New Cases
Cases Closed
CAY Litigation Cases Trial & Appellate Level
Potential Cases
Outside Counsel Cases
Aronovitz, T od (1 case)
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 (17 cases)
Paul, Hastings (Bob Freilich & Derek Howard) (4 cases)
Purdy, Jolly (Summer Baranco) (1 case)
9
7
49
10
3
10
Page 2
2
3
13
16
16
17
17
18
19
, 25
26
CASES OPENED SINCE LAST MONTH'S REPORT
D.L.Porter Constrcutors. Inc. v. Monroe County CA K 07-155
Circuit Court (16th) Judge: Jones Date Filed: 2/5/2007
Breach of contract action filed by general contractor for KWIA hanger project.
Airports/Engineering PJM
Currrent Status: Awaiting service. Will be handled jointly by CAY & Ira
Libanoff
Next Activity: None until served.
Fees: $5,950.00
CAY Time: 10.5
Costs:
319.16
CASES CLOSED SINCE LAST MONTH'S REPORT
Graves. Frank III v. Monroe County
Circuit Court 16th Judge: Garcia
Code Enforcement appeal
Growth Management/Code Enforcement
CA P 06R154
Date Filed: 417/06
PJM
Current Status: County's motion to dismiss granted.
Next Activity: Close file.
Time: 2.5
Costs:
0.00
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: Received $500.00 payment per Settlement Agreement.
Next Activity: Close file.
Time: 3.6 Costs: 0.00
2
CAY UTIGA TION - Trial & Appellate level
See Outside Counsel Section for Cases being Handled Jointly
Acredited Home lenders. Inc. v. Olga Ruiz & Monroe County CA K 06R543
Circuit Court 16th Judge: Jones Date Filed: 5/25/06
Mortgage foreclosure action on property County holds $36k SHIP mortgage on.
Monroe County Housing Authority RBS
Current Status: Action in abeyance while Ruiz makes payments.
Next Activity: None.
Time: 5.7
Costs:
8.68
Aguiar, Alexander & Elizabeth Ginart v. Monroe County CA P 06-189
Circuit Court 16th Judge: Garcia Date Filed: 5/5/06
Appeal from decision of Code Enforcement Special Magistrate
Growth Management/Code Enforcement PJM
Current Status:
Motion to dismiss pending.
Next Activity:
Hearing to be set.
Time: 1.7
Costs:
0.00
Bank of New York et. al. v. Williams et. al. CARKR 06-1345
Circuit Court 16th Judge: Audlin Filed: 12/21/06
Mortgage foreclosure action. County holds @$950.00 junior lien imposed for
fines, court costs, and fees imposed in misdemeanor case. Lien is defective so
County's interest is void
Article V. RBS
Current Status: County filed answer conceding its interest is void.
Next Activity: No further action until final judgment entered.
Time:
2.5 Costs: 0.00
3
Bankunited v. M. & J. Jordan & Monroe County et at CA K 06R862
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:
Motion for summary judgment granted to Plaintiff.
Next Activity:
Monroe County filing Statement of Claim.
Time: .5
Costs: 0.00
D.S. Key largo, llC v. Monroe County Planning Comm'n DOAH 06R484
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 4/30/07.
Time: 3.3 hours
Costs: 26.60
Dorn, Kenneth & Katie Pearce v. Monroe County CA P 06R203
16th Circuit Judge: Garcia Date Filed: 5/15/06
Quiet title action challenging imposition of conservation easement.
Growth Management/Planning RBS
Current Status: County filed answer.
Next Activity: Discovery.
Time: 9.3
Costs:
0.00
Eads. Barbara v. Monroe County CAP-03R117
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
4
Evans, Ronald & Marvanna v. Monroe County & K.L.O.R. CA P 06R206
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
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: Writ of prohibition granted 2/2/07.
Next Activity: None. Close file in 30 days if no motion for costs filed.
Time: 8.9
Costs:
328.50
Fuchs, Walburga v. Monroe County
Circuit Court 16th Judge: Audlin
This is a code enforcement appeal of an OSTDS case.
Growth Management/Code Enforcement
CAKR01 R1251
Date Filed: 10/5/01
RBS
Current Status: The Court sua sponte scheduled oral argument.
Next Activity: Oral argument scheduled for 3/1/06.
Time: 12.9 hours
Costs: 0.00
Good, Lloyd v. Monroe County
Circuit Court 16th Judge: Audlin
Inverse condemnation action based on NROGO.
Growth Management/Planning
CA K 01-977
Date Filed: 8/9/01
RBS
Current Status:
Held in abeyance while Good goes thru BUD process. '
"
Next Activity:
CAY asking for closed session in March to discuss
settlement.
M&H Billing to date: $18,526.41 as of 10/31/05.
CAY Time: 2925 COST: $144.45
5
Hardin, Michelle v. Monroe County
Circuit Court 16th Judge: Miller
Appeal of code enforcement decision.
Growth Management/Code Enforcement
CA K 99R1 046
Date Filed: 9/3/99
RBS
Current Status: Appellant's brief complete.
Next Activity: Status conference 3/1/07.
M&H Billing to date:$10,241.57 thru 8/31/05.
CAY Time: 6.5
Johnson. Lloyd v. Marlene Conaway
Circuit Court 16th Judge: Audlin
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 qn 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.
ladd. lucy v. Monroe County
Circuit Court 16th Judge: Miller
Mandamus action on building permit allocation issue.
Growth Management/Planning
CA K 06R952
Date Filed: 9/12/2006
RBS
,
Current Status: Settlement reached and approved by BOCC 12/20/06.
Next Activity: Finalize documents and close file.
Time: 12.0
Costs:
0.00
6
Lee, Vera Estate of CP K 02R112
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 appointed 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. SOFia. Judge: Hoeveler
Civil Rights action filed in 1980 over old jail facilities.
Constitutional Officer/MCSO
80-1721 RCIV-WM H
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 CAKR05-911
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
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 Coppitt.
Growth Management/Code Enforcement PJM
Current Status: Answer filed.
Next Activity: Discovery.
Time: 0.6
Costs:
$255.00
7
Monroe County v. DeDi. of Community Affairs DOAH 06R2856
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 until 6/1/7.
Next Activity: Status report due 6/1/07.
Time: 62.2
Costs:
$262.50
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-03R1507
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. James Jeanquenat
Circuit Court 16th Judge: Garcia
Collection action authorized by BOCC on 4/21/04.
Growth Management/Code Enforcement
CAPR05317
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
8
Monroe County v. Key largo Ocean Resorts CooP. Inc.
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 4/1/07.
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
CApR05-348
Date Filed: 8/5/05
RBS
Current Status:
Discovery.
Next Activity:
Discovery.
Time: 13.7 hours
Costs: $850.00.
Monroe County v. James Messera, et al CAK~03-1509
Circuit Court 16th Judge: Audlin Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the BOCC 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
Settled & dismissed.
Next Activity:
Resolve fees with former counsel before closing.
V & B Fees billed to date: 67.3
CAY Time: 3.0
Costs: $1029.03
9
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. Virginia Sawyer & Tony Welters CAK-03R1505
Circuit Court 16th Judge: Audlin 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
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
10
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 02R141
Date Filed: 3/13/02
RBS
Current Status:
Mandate from Third DCA received 1/13/06.
Next Activity:
None scheduled.
M&H Billing to date:
CAY Time: 2.5
$42,782.73 as of 10/31/05
Neumont. Elizabeth et al. v. Monroe County 99-10054RCV
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 al. v. Monroe County
11th Circuit Court of Appeals Judges: TBA
Appeal of 99-1 0054-CV above.
Growth Management/Planni ng
04-13610RX
Date Filed: 7/15/04
RBS
Current Status: Court certified question to Florida Supreme Court.
Next Activity: None in 11th Circuit until certified question answered.
CAY Time: 4.5
Nicholson, Delaine v. Monroe County
Circuit Court 16th Judge: Garcia
Code enforcement appeal.
Growth Management/Code Enforcement
CA P 07-17
Date Filed: 1/8/07
PJM
Current Status: Appellant compiling record.
~
Next Activity:
Appellant's brief due 3/12/07.
Time: 0.1
Costs:
0.00
11
Oliveros. Joseph v. Ana M. Velazquez & Monroe County
Circuit Court 16th Judge: Garcia
Quiet title action to property conveyed via tax deed.
Constitutional Officer/Clerk/Tax 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
Sierra Club et al. v. DCA, Miami-Dade Co.. Monroe Co. et al 3D06-2544
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/Planning RBS
Current Status: Briefing complete. County to,ok no action.
Next Activity: Await decision of Court.
Time: 0.5 Costs: 0.00
'0
12
POTENTIAL CASES THAT HAVE NOT YET BEEN FILED
Aegis Factors, Inc. v. Monroe County v. Judy Bobic TBA
Circuit Court Judge: TBA Date Filed: TBA
Claim for payment of $35,546.01 made by assignee of airport's janitorial
contractor who had assigned payment rights to lender. If sued, County would
likely file a third party claim against contractor to recoup any judgment entered.
Airports/Constitutional Officer Clerk RBS
Current Status: Bobick agreement to make repayments secured by
mortgage against her house.
Next Activity: None.
Time: 13.8 Costs: 0.00
Allison, Beverly 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
13
Bot!, Andrew & Donna v. City of Marathon CA M 05-267
Circuit Court (16th) Judge: Audlin 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: Third DCA affirmed 2/14/07.
Next Activity: None.
Time: 15.0
Costs:
0.00
Calusa Campground Condo v. Monroe County. et 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: 14.5
Costs:
0.00
Fulton. Charles et al v. Nat'l Gen. Assurance Co., et al. 00-7549-CARlG
Circuit Court (20th) Judge: Steinbeck, M. Date Filed: 9/7/00
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
14
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
Current Status:
Presuit negotiations successful.
Next Activity:
None.
Time: 8.6 hours
Costs: $5.56
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 SafetylFire 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
Watts. Margaret. et al v. Michael Hunter, et 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
15
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 4:06Rcv-10043RKMM
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, COLlnty will be served.
Time: 0.2
CASES BEING LITIGATED BY OUTSIDE COUNSEL
T od Aronovitz
Leon County, et al v. Hotels.com lP 06CV 21868CV
U.S. Dist. Ct., S.D. Fla. Judge: Huck Date Filed:
Class action against internet reservation entities to collect unpaid bed taxes.
Constitutional Officer/Tax Collector RBS
Current Status: Negotiating terms of representation with outside counsel.
Next Activity: BOCC to confirm contract with counsel 2/21/07.
Time: 3.5 Costs: 0.00
16
Ferencik, libanoff, Brandt, Bustamante and Williams, P.A. (Ira libanoff)
Monroe County v. Bender & Associates. et al CAKR03R915
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.
EngineeringlConstruction Management RBS
Current Status:
Discovery.
Next Activity:
Discovery.
Fees billed to date: $140,100.50 Costs: $14,524.43 (thru 1/01/07)
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 untillicensil1g review completed.
Next Activity:
None pending.
Fees billed to Date:
CAY Time: 12.5
$10,320.00 Costs: $1,114.18 (thru 1/01/07)
Monroe County v. lodge Construction. et al CAK-00-617
Circuit Court 16th Judge: Audlin 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: $307,540.75 Costs: $72,468.31 (thru 1/01/07).
17
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.
Fees billed to date: $25,025.00
CAY Time: 2.1 Costs:
Costs: $1,859.45 (thru 1/1/7)
0.00
Gray Robinson (Ed Scales & Monterery Campbell)
Neumont, Elizabeth v. State & Monroe County SC 06R1204
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:
Next Activity:
Briefing complete.
Oral argument 4/19/06.
Billing Received to date: $10,319.06
CAY Time: 11.2 Costs: 0.00
Greenberg, Traurig (Dave Jordan)
F.K.C.C. & last Stand v. D.C.A. & Monroe County
DOAH AlJ: Alexander
Administrative challenge to ordinances adopting Tier system.
Growth Management/Planning
DOAH 06-2449GM
Date Filed: 7/7/6
RBS
Current Status:
Hearing started Feb. 6 thru 9, 2007.
Next Activity:
Hearing to be finished in March 2007, dates TBA
CAY Time: 175.0
GreenbergTraurig
Costs: $47,827.54
$44,626.19
18
Johnson, Anselmo, Murdoch, Burke, Piper, & McDuff, P.A.
(Bruce Johnson, Mike Burke, Tammy Scrudders)
Bauknight, Ska~qs & Rockett v. Monroe County CAP-04-451
Circuit Court 16 Judge: Garcia Date Filed: 9/24/04
Inverse condemnationltakings 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: Cross motions for summary judgment filed.
Next Activity: Hearing scheduled for 3/7/07.
Fees billed to date: $832.24
Costs: 0.00
Cormier, Leonard v. Monroe County dba HW Art & Hist. Soc. CA K 06-1363
Circuit Court (16th) Judge: Audlin Date Filed:12/20/06
Personal injury claim arising from alleged injuries sustained at East Martello.
Risk Management/Public Works RBS
Current Status: Plaintiff has filed a motion to amend the complaint without
naming Monroe County as a defendant.
Next Activity: Close file once amended complaint approved by Court.
Time: 1.0 Costs: 0.00
Fees billed to date: 0.00
EEOC v. Monroe County
EEOC Miami
Sexual Harrassment claim by County employee.
Employee Services
510-2006R04265
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: 28.8 Costs: 0.00
19
Florida Kev Deer v. Michael Brown & Gale Norton 90R10037-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 05-16374RII
11th Circuit Judges: TBA Date Filed: 11/10/05
Appeal of Southern District's injunction in 90-1 0037-CIV. County appeared as
amicus curiae because denied intervention. See Case No.: 05-16990-11.
Growth Management/Planning 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 Key Deer, et al 05-16990RII
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 Key Deer, et al v. Gale Norton (Sec. of Interior) 05-10063RCIVRKING
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 04R2756
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 6/29106.
Next Activity: None pending appeal.
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 3D05R1800
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: 2/13/07 - motion for rehearing and certification denied.
Next Activity: None.
Fees billed to date: see DOAH case for fees.
CAY Time: 1.5 hours Costs: 0.00
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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-05R255
Date Filed: 6/3/05
Settled for $25,000.00.
RBS
Current Status: Dismissed 6/7/06. Re-opened 8/2/6
Next Activity: Evidentiary hearing on worker's compensation lien to be set.
Fees billed to date: $28,333.39 (thru 6/16/06).
CAY Time: 11.9 hours
Howard, Carlton v. Monroe County Public Works 06RCV-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: Discovery
Next Activity: Discovery.
Johnson, Anselmo billing to date: $3, 824.11
CAY Time: 1.5 Costs: 0.00
Hyland, Thomas G. v. D. Kolhage & R. Thurston 04R10102-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 10/10/06.
CAY Time: 9.0
Fees & Costs billed to date:
$34,390.70
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H~land, Thomas G. v. Danny L. Kolhage & Ruth Thurston 06R15372RA
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.
ConstitutionalOfficer/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.
Kessler, Stuart v. Monroe County & Tom Willi
Circuit Court 16th Judge: Jones
Whistle-Blower & Civil Rights claim by former employee.
Human ResourceslRisk Management
CA K 05R1006
Date Filed: 10/11/2005
RBS
Current Status:
Discovery.
Next Activity:
Discovery.
Fees & Costs billed to date:
CAY Time: 40.8
$19,535.67 (thru 10/18/06)
li~htner, Nellie v. Monroe County
16 h Circuit Judge: Garcia
Inverse condemnation action.
Growth Management/Planning
CA P 06-562
Date Filed: 12/12/06
RBS
Current Status: 2/13107, Court granted County's motion to transfer case to
correct location - Lower Keys Division.
Next Activity:
Hearing on motion to dismiss TBA.
Fees & Costs billed to date: None.
Time: 13.6 Costs: 0.00
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Neuman, Kenneth v. Monroe County CAKR04R663
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: Summary judgment motions pending.
Next Activity: Await ruling on summary judgment motions.
Fees billed to date: $2,326.92
CAY Time: 8.8 hours
Costs: 200.00
Riverview Consultants. Inc. v. Monroe County CAKR05R373
Circuit Court 16th Judge: Jones Date Filed: 4/13/05
Case alleging tortious interference with contract by airport DBE subcontractor.
Risk Management/Airports/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
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: 2/12/07, County's brieffiled.
Next Activity: Review's reply brief due 2/22/07.
Fees billed to date: -- see trial level.
CAY Time: 1.5 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: Audlin
Takings action brought by 11 groups of plaintiffs.
Growth Management/Planni ng
CAM-04-379
Date Filed: 11/22/04
RBS
Current Status: Discovery.
Next Activity: Discovery.
Total Fees billed to date: $975,875.52 (thru 12/31/06)
CAY Time: 158.8 hours Costs: $91,733.38
Emmert, Helen & Greg v. Monroe County
Circuit Court 16th Judge: Garcia
Inverse condemnation and vested rights action.
Growth Management/Planning
CA P 02R520
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
$50,515.65 as of November '06
$94,550.56 as of 10/31/05
Galleon Bay v. Monroe County v. State of Florida
Circuit Court 16th Judge: Audlin
Inverse condemnation and vested rights action.
Growth Management/Planning
CA K 02-595
Date Filed: 5/21/02
RBS
Current Status: Appeal pending on order granting 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: $11,611.47
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Monroe County & State v. Galleon Bav
Third DCA Judges: TBA
Appeal of Order granting new trial.
Growth Management/Planning
3D06-2426 & 2427
Date Fi led: 9/29/06
Paul, Hasting lead counsel, CAY co-counsel.
RBS
Current Status: County's initial brief filed 1/2107.
Next Activity: Appellee's reply brief due, extension granted.
Paul, Hastings Billing: See trial level case.
CAY TIME: 2.5
Purdy, Jolly (Summer Baranco)
GEICO v. Monroe County CA M 06R270
Circuit Court 16th Judge: Audlin Date Filed: 11/22/06
Tort claim for property damage as a result of car accident against MCSO deputy.
Sheriff's insurance fund's carrier defending at no cost to county.
Constitutional Officer/Risk Management RBS
Current Status: County filed motion to dismiss.
Next Activity: Hearing on motion to be set.
Time: 2.6 Costs: 0.00
No billing will be received; covered by MCSO insurance.
Assigned Assistant County Attorney
PJM = Pedro Mercado
RBS = Bob Shillinger
26