Item P01
March 2006 Litigation Report
To: Mayor McCoy & County Commissioners
From: Bob Shillinger, Asst. County Attorney /J'?~ S"
Date: March 10,2006
cc: Tom Willi, County Administrator
Suzanne Hutton, Interim County Attorney
Summary
Number of Cases
New cases filed since last month 0
Cases closed since last report 1
CAY active cases 60
CAY Post Judgment cases 4
Potential cases not yet filed 6
Outside Counsel Cases 30
Airports
Community Services
Constitutional Officers
Engineering
Growth Management
Miscellaneous
Personnel
Public Works
Risk Management
Total Cases pending
72
New Cases
Cases Closed
CAY Litigation Cases Trial & Appellate Level
CAY Post Judgment Cases
Potential Cases
Outside Counsel Cases
Ferencik, Libanoff (Ira Libanoff) (4 cases)
2
1
4
7
57
4
3
4
6
Page 2
2
2
15
16
18
18
Johnson, Anselmo, (Bruce Johnson & Michael Burke) (14 cases) 19
Paul, Hastings (Bob Freilich & Derek Howard) (3 cases) 24
The Smith Law Firm (Wayne Smith) (2 cases) 25
Vernis & Bowling (D.Smits, K.Willis & S.Black) (5 cases) 26
CASES FILED SINCE LAST MONTH'S REPORT -- NONE
CASES CLOSED SINCE LAST MONTH'S REPORT
Rodriauez. Vivian v. Monroe County. Islamorada. & DOT CA P 05-526
Circuit Court 16th Judge: Garcia Date Filed: 11/30/05
Action for negligence due to injuries on DOT right of way.
Public Works/Risk Management RBS
Current Status: PL voluntarily dismissed County & Village on 2/7/06.
Next Activity: Closed.
CAY Time: 8.5
Costs:
0.00
CAY LITIGATION - Trial & Appellate Level
See Outside Counsel Section for Cases being Handled Jointly
Ambrose. Thora et al v. Monroe County et al CA P 97-636
Circuit Court 16th Judge: Garcia Date Filed:12/11/97
Declaratory Judgment action claiming vested rights due to subdivision plats.
Subsequent appeal of summary judgment order reversed and remanded.
Growth Management/Planning JOS
Current Status: Status inquiry with Judge's chambers pending.
Next Activity: If needed, schedule hearing on Motion to Dismiss.
M&H Billing to date:
CAY Time: 1.0
$30,960.98.
In re: Birch Telecom. Inc. 05-12237 PJW
U.S.Bnktcy.Delaware Judge: Walsh Date Filed: 8/12/05
Bankruptcy action by pay phone vendor which claims it owes County $4.15 for
providing pay phones on County property.
Administrative ServiceslTechnical Services RBS
Current Status: Claim deadline passed 11/4/05. County's interest $4.15.
Next Activity: None.
Time: 1.0 Costs: 0.00
2
In re: Meahan Cole
Bankrtcy. S.D.Fla. Judge: Mark
Bankruptcy action by tenant of County property.
Bankruptcy
05-43879 RAM
Date Filed: 10/17/05
County owed $760.00 in rent.
RBS
Current Status: County's interest too minimal to take more than passive
stance.
Next Activity: Final approval of plan or discharge.
Time: 1.0 Costs: 0.00
Collins. C. & Sum Air Services v. Monroe County. et al CAM-05-146
Circuit Court 16th Judge: Payne Date Filed: 6/1/05
Declaratory judgment action regarding lease with FBO at Marathon Airport.
Airports PJM
Current Status: Awaiting service of complaint.
Next Activity: Voluntary dismissal by the Plaintiff after settlement of
companion case is finalized.
Time: 0.5 hours
Costs: 0.00
Cutaia. Thomas v. Monroe County. MCSO. Pretrial Services CAK-05-617
Circuit Court 16th Judge: Jones Date Filed: 6/21/05
Complaint for unspecified damages. Mayor not served yet.
Constitutional Officer/MCSO RBS
Current Status: Awaiting service.
Next Activity: Once served, determine if insurance coverage requires retaining
outside counsel.
Time: 0.6 hours
Costs: 0.00
Eads. Barbara v. Monroe County CAP-03-117
Circuit Court 16th Judge: Garcia Date Filed: 2/27/03
Appeal of order finding the Lowe House to be in unsafe condition.
Growth Management/Code Enforcement RBS
Current Status:
Notice of compliance filed.
Next Activity:
None at this time.
Time: 4.8 hours
Costs: 0.00
3
EEOC v. Monroe County
EEOC - Miami Judge: N/A
Charge of disability discrimination filed by an employee.
Public Works/Personnel
150-2005-03773
Date Filed: 9/7/05
PJM
Current Status: Negotiating conciliation dates.
Next Activity: Conciliation to be scheduled.
Time: 16.6 hours
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 County's brieffiled; case reassigned to Judge Payne.
Next Activity: Await Court's decision.
Time: 11.5 hours
Costs: 0.00
Good. Llovd 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: Amended case management order filed.
Next Activity: Drafting response to case management order.
M&H Billing to date: $18,526.41 as of 10/31/05.
CAY Time: 16.2
4
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
PJM
Current Status:
Status review on pending motions.
Next Activity:
Hearing on Motion to Dismiss, tba.
M&H Billing to date:$1 0,241.57 thru 8/31/05.
CAY Time: 2.5
Johnson. Lloyd v. Marlene Conaway CA K 02-1248
Circuit Court 16th Judge: Payne Date Filed: 10/30/02
Writ of Mandamus challenging Planning Director's determination that boundary
determination by alleged error requires zoning map amendment.
Growth Management/Planning JDS
Current Status:
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:
counsel.
Finalize motion for substitution of counsel of CAY for former
M&H Billing to date:
CAY Time: 1.0
$2,855.77 as of 8/31/05.
5
LaSalle Bank. N.A. v. Alexis & Jesus Victores & Monroe County CAP 05-373
Circuit Court 16th Judge: Garcia Date Filed: 8/29/05
Mortgage foreclosure action where County holds an inferior $1 00.00 lien.
Growth Management/Code Enforcement RBS
Current Status: Sale cancelled by plaintiff.
Next Activity: Await reset or dismissal.
Time: 2.0 hours
Costs:
0.00
Mcintyre, Edward v. Richard Roth & Monroe County 80-1721-CIV-WMH
US Dist. SOFia. Judge: Hoeveler Date Filed: 7/8/80
Civil Rights action filed again then Sheriff Freeman and County for inadequate
jail facilities. Consent decree signed December 1991.
Constitutional Officer/MCSO
Current Status:
Status conference held 3/3/6;
Next Activity:
MCSO report on alleged deficiencies due 4/17/6.
CAY Time: 13.0
Costs: $86.77
(since March 2005)
Monroe County v. R. Bernstein/Safe Harbor Marine Railway CAK-05-732
Circuit Court 16th Judge: Miller Date Filed: 7/26/05
Code enforcement lien foreclosure. Over $221,800.00.
Growth Management/Code Enforcement RBS
Current Status:
OF's answer overdue.
Next Activity:
Move for default if no responsive pleading by 2/28/06.
Time: 8.6 hours
Costs: $576.00
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: County's motion for summary judgment denied. OF's
answer overdue.
Next Activity: Negotiations ongoing, move for default judgment by 4/1/06 jf
not successful.
Time: 6.8 hours
Costs: $295.00
6
Monroe County v. Boy Scouts of America
Circuit Court 16th Judge: TBA
Code fine collection action authorized on 9/28/05.
Growth Management/Code Enforcement
CA K 06~139
Date Filed: 2/10/6
Fine fixed at $408,000.00.
PJM
Current Status:
Defendant served 3/1/06
Next Activity:
Response due 3/21/6.
Time: 1.9 hours
Costs: $276.00
Monroe County v. Alain Y. Depierrefeu CAK~03~1504
Circuit Court 16th Judge: Jones Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the SOCC on 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
Negotiations ongoing.
Next Activity:
If unsuccessful, move for auction date.
V & B Fees billed to date: None
CAY Time: 6.6
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 SDCC on 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
same as previous entry.
Next Activity:
If negotiations unsuccessful, move to schedule auction.
V&B Fees billed to date: None
CAY Time: 3.5 hours
Costs: 0.00
7
Monroe County v. Jack HaaoDian CAP 03-529
Circuit Court 16tn Judge: Garcia Date Filed: 10/1/03
Code enforcement collection action authorized by SOCC on 8/20/03. Fine
exceeds $300,000.00 as of 1/1/6 and accruing at $250.00 per day.
Growth Management/Code Enforcement RBS
Current Status: Settlement agreement and check received.
Next Activity: Monitor status of compliance.
Time: 42.5 hours
Costs: $801.70
Monroe County v. Dorothy Houah. et al CAP-05-160
Circuit Court 16tn Judge: Garcia Date Filed: 4/6/05
Code enforcement collection action authorized by SOCC on 9/17/03. Fine fixed
@ $61,000.
Growth Management/Code Enforcement RBS
Current Status:
Motion to compel discovery.
Next Activity:
Hearing 4/5/6.
Time: 12.1 hours
Costs: $596.00
Monroe County v. James JeanQuenat
Circuit Court 16th Judge: Garcia
Collection action authorized by SOCC on 4/21/04.
Growth Management/Code Enforcement
CAP-05317
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. Key Larao Ocean Resorts COOD. 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
Current Status:
Development agreement application being reviewed.
Next Activity:
Status report due with the Court 4/1/06.
Time: 41.5 hours
Costs: $340.00
8
Monroe County v. Pedro Liz CAK-05-420
Circuit Court 16th Judge: Jones Date Filed: 4/22/05
Collection action authorized by SDCC on 7/17/03; fines exceed $816,300.00.
Growth Management/Code Enforcement RBS
Current Status: Motion for default by court filed.
Next Activity: Hearing on County's motion for default 4/12/06.
Time: 9.0 hours
Costs: $555.00
Monroe County v. Mary Ellen Lloyd CAM-03-362
Circuit Court 16th Judge: Jones Date Filed: 12/19/03
Code enforcement foreclosure action authorized by the SDCC 4/18/03.
The total amount of the lien owed to the County is $143,500.00.
Growth Management/Code Enforcement RBS
Current Status: Clarifying double filing by prior counsel.
Next Activity: Draft settlement agreement with Defendant.
V&S Fees billed to date: None Costs: 0.00
CAY Time: 2.3 hours
Monroe County v. Arthur Mehr CAP-05-348
Circuit Court 16th Judge: Garcia Date Filed: 8/5/05
Code fine collection action. Fine exceeds $42,000.00.
Growth Management/Code Enforcement RBS
Current Status: Motions to compel discovery filed.
Next Activity: Hearing 4/5/6.
Time: 8.1 hours
Costs: $850.00.
Monroe County v. James Messera. et al CAK-03-1509
Circuit Court 16th Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the SDCC 4/18/03.
Growth Management/Code Enforcement RBS
Current Status: Discovery process
Next Activity: Discovery.
V & B Fees billed to date: None
CAY Time: 3.0
Costs: 0.00
9
Monroe County v. Outland Properties CAP-05.400
Circuit Court 16th Judge: Garcia Date Filed: 9/9/5
Collection action authorized by SDCC on 10/17/04. Fine over $225,000.00.
Growth Management/Code Enforcement PJM
Current Status:
Defendant served.
Next Activity:
Discovery.
Time: 1.6 hours
Costs: 300.00
Monroe County v. Joe Posada. III CAK-03-1503
Circuit Court 16th Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the SDCC 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
Settlement negotiations pending.
Next Activity:
If unsuccessful, April 2006 bench trial.
V & B Fees & Costs billed to date:
CAY Time: 4.6 hours
None.
Monroe County v. Virainia Sawyer & Tony Welters CAK-03-1505
Circuit Court 16th Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action that was authorized by the SDCe 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
10
Monroe County v. Virainia Sawyer CAK-03-1506
Circuit Court 16tn Judge: Jones Date Filed: 12/18/03
Gode enforcement foreclosure action that was authorized by the SOGe 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 16tn Judge: Jones Date Filed: 6/14/04
Code enforcement foreclosure action that was authorized by the SOCC 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 CA P 02-141
Circuit Court 16tn 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:
CAY Time: 2.5
$42,782.73 as of 10/31/05
O'Oaniel & Hill v. Monroe County
Third DCA Judges: TBA
Appeal of circuit court decision in CA P 02-141.
Growth Management/Code Enforcement/Planning
30-05-583
Date Filed: 3/18/05
JOS
Current Status: Mandate issued 12/27/05.
Next Activity: None. Close file.
M&H Billing to date:
CAY Time: 1.5
See tria/level report.
11
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:
Briefs completed.
Next Activity:
counsel.
Finalize motion for substitution of counsel of CAY for former
M&H Billing to date:
CAY Time: 0.5
$123,563.24.
Neumont, Elizabeth et a!. 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
Current Status: Awaiting decision of the Court.
Next Activity: Finalize motion for substitution of counsel of CAY for former
counsel.
Billing to date: $123,565.49 as of 8/31/05 (by former outside counsel).
CAY Time: 0.5
Nunziante. Maril*n v. Monroe County CAK-04-1227
Circuit Court 16t Judge: Jones Date Filed: 11/18/04
Suit challenging Bayshore's rule requiring family members to subsidize residents.
Community Services/Social Services RBS
Current Status:
PL has passed away.
Next Activity:
County's motion to dismiss to be heard 3/23/06 at 4:30 pm.
Time: 76.7 hours
Costs: 0.00
12
Sierra Club. et al v. DCA. Miami Dade & City of Homestead 03-150-GM
DOAH Judge: Maloney Date Filed: 1/17/03
County intervened in administrative challenge to amendment of Miami-Dade's
compo plan redesignating Krome Avenue to a major roadway (3 or more lanes).
Growth Management/Planning JDS
Current Status: Proposed Recommended Order filed 2/3/6.
Next Activity: Await ruling by ALJ.
Billing to date: None, pro bono. (by former outside counsel).
CAY Time: 6.0
Teal. Kimberly & Keith v. Michael Angel. Monroe County. et al CAM-04-404
Circuit Court 16th Judge: Payne Date Filed: 12/16/04
Declaratory judgment action over road in City of Marathon.
Public Works/Roads and Bridges PJM
Current Status:
Discovery. Settlement negotiations ongoing.
Next Activity:
County's motion to dismiss TBA pending negotiations.
Time: 9.5 hours
Costs: $133.00
Troy. Daniel Scott v. Monroe County
Circuit Court 16th Judge: Jones
Mandamus action seeking after the fact building permits.
Growth Management/Planning
CAK 05-856
Date Fi led: 8/24/05
RBS
Current Status: On appeal in 3D 05-2419.
Next Activity: None while on appeal.
Time: 2.0 hours
Costs:
0.00
Troy. Daniel Scott v. Monroe County
Third DCA Judges: TBA
Appeal of denial of writ of mandamus in CA K 05-856.
Growth Management/Planning
3D 05-2419
Date Filed: 10/7/05
RBS
Current Status: Troy given until 3/23/06 to file his brief.
Next Activity: Draft reply to Troy's brief whenever it arrives.
Time: .7 Costs: 0.00
13
Walareens & Gadinskv v. Monroe Countv CAK-05-266
Circuit Court 16th Judge: Taylor Date Filed: 3/11/05
Cert. review of DOAH order upholding 1/6 findings supporting denial of major
conditional use application for Big Pine Walgreens.
Growth Management/Planning RBS
Current Status: Negotiations ongoing.
Next Activity: Finalize agreement and present to BOCC & Court for OK.
Time: 33.8 hours
Costs: $318.57
In re: Winn Dixie Stores. Inc. 05-03817 -3F1
U.S. Bankruptcy Ct., M.D. Fla. Judge: Jerry Funk Date Filed: 2/25/05
Voluntary Ch11 case where County might have a claim against the estate.
Bankruptcy RBS
Current Status: Could find no basis for filing proof of claim.
Next Activity: None needed.
Time: 0.9 hours
Costs: 0.00
14
CAY POST JUDGMENT CASES
Evans. Brian v. Monroe County. et al 04.CIV.10033~JLK
U.S.Dist.,S.D.Fla. (Miami)Judge: King Date Filed: 5/6/04
Money Judgment of $4,579.00 in favor of County & MCSO for rule 11 sanctions.
Constitutional Officer/MCSO RBS
Current Status: $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 16tn Judge: Garcia Date Filed: 4/15/04
Money judgment of $27,600.00 for unpaid code enforcement fines and costs.
Growth Management/Code Enforcement RBS
Current Status: Final judgment of $28,431.00 recorded wi Dept. of State.
Next Activity: Collection.
Time: 6.2 hours
Costs: $56.00
Monroe County v. Dan Gleason SCP~03.165
County Court (Sm. Claims) Judge: ptomey Date Filed: 8/5/03
Money judgment of $520.00 for unpaid code enforcement fines and costs.
Growth Management/Code Enforcement RBS
Current Status: Final judgment recorded wI Dept. of State.
Next Activity: Collection.
Time: 9.5 hours
Costs: $65.92
Monroe County v. Lilv Marks CAK~03~1152
Circuit Court 16tn Judge: Jones Date Filed: 10/2/03
Money judgment of $795,270.00 for unpaid code enforcement fines and costs.
Growth Management/Code Enforcement RBS
Current Status: Final judgment entered for $795,270.00 on 5/9/05.
Next Activity: Collection.
Time: 8.5 hours
Costs: $55.00
15
POTENTIAL CASES THAT HAVE NOT YET BEEN FILED
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:
Seeking BOee authorization to intervene 3/15/06.
Next Activity:
If authorized, file motion to intervene and set for a hearing.
Time: 1.1
Costs:
0.00
Calusa Campground Condo v. Monroe County. at al., CA P 06 TBA
Circuit Court (16th) Judge: Date Filed:
Threatened action by condominium resulting from statements regarding platting
requirements by Growth Management personnel.
Growth Management/Planning JDS
Current Status: Investigating claim and assisting Growth Management
Division in preparation of responses to claimant.
Next Activity:
Awaiting claimant's filing proper subdivision plat for approval.
Time: 2.5
Costs:
0.00
Good. L10vd v. Monroe County CAK-05-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:
Settlement discussions underway.
Next Activity:
None. Stayed during Good's application for major
conditional use.
Time: 8.6 hours
Costs: $5.56
16
Hamelton. Charles v. KWRU & Monroe County CA K 04-740
Circuit Court (16th) Judge: Miller Date Filed: 7/6/04
Potential personal injury claim by scooter accident victim and/or utility seeking
damages from the County. Handled jointly with Johnson, Anselmo.
Public Works/Roads and Bridges/Risk Management RBS
Current Status:
County not a party at this time.
Next Activity:
Deposition of County witnesses 3/17/06.
Fees Billed to Date: 0.00
CAY Time: 6.7
Costs: 0.00
Monroe County v. Estate of Thomas O'Brien SCK-05-TBA
Small Claims Monroe Judge: TBA Date Filed:
Action against estate to collect unpaid ambulance bill of $861.81. Probate case
is CP K 05-164.
Emergency Services/EMS RBS
Current Status: Settlement agreement signed.
Next Activity: Awaiting court approval and payment.
Time: 3.2 Costs: 0.00
State of Florida v. Monroe County TBA
TBA Judge: TBA Date Filed: n/a
Threatened action by AG's Medicaid Fraud unit regarding alleged over billings for
ambulance services.
Public Safety/Fire Rescue RBS
Current Status: Waiting for AG's office to set up conference.
Next Activity: Settlement conference with State.
Time: 9.2 hours
Costs: 0.00
17
CASES BEING LITIGATED BY OUTSIDE COUNSEL
Ferencik, Libanoff, Brandt, Bustamante and Williams, P .A.
Monroe County v. Bender & Associates, et al CAK-03-915
Circuit Court 16tn Judge: Jones Date Filed: 8/4/03
Breach of contract and negligent misrepresentation action arising from the
defective windows in the Gato building.
Engineering/Construction Management RBS
Current Status: Discovery ongoing.
Next Activity: Discovery ongoing.
Fees billed to date: $89,487.00 Costs: $10,829.09 (thru 12/31/5)
Monroe County v. Jose Gonzalez CA K TBA
Circuit Court 16tn 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: Schedule meeting with staff & Gonzalez.
Fees billed to Date:
CAY Time: 12.5
$10,145.00 Costs: $872.33 (thru 12/31/05)
Monroe County v. Lodae Construction, et 31 CAK-00-617
Circuit Court 16tn Judge: Payne Date Filed: 5/11/00
Suit filed against general contractor Lodge Construction & its surety for breach of
contract to build Gato Building.
Engineering/Construction Management RBS
Current Status: Trial preparations.
Next Activity: Trial reset from April 2006 until future date.
Fees billed to date: $298,065.26 Costs: $71,523.31 (thru 12/31/05).
18
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:
County filed motion to dismiss on 3/6/6.
Next Activity:
BDCC to approve Libanoff contract 3/15/6.
Billing Received to date: none.
CAY Time: 1.1 Costs: 0.00
Johnson, Anselmo, Murdoch, Burke, Piper, & McDuff, P.A.
Bauknight. Ska~s & Rockett v. Monroe County CAP-04-451
Circuit Court 16tl 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. Skaggs & Rockett v. Monroe County 04-CV-1 01 05
U.S. D.C. S.Fla. Judge: Moore Date Filed: 11/1/04
Inverse condemnation/takings case by owners of 3 Big Pine lots.
Growth Management/Planning RBS
Current Status: All but fees remanded to State Court. Denial of fees motion
appealed to 11th Circuit.
Next Activity: None.
Fees billed to date: None
Costs: 0.00
19
Baukniaht. et al. v. Monroe County 05-10868-F
11th Cir. Ct. of Appeals Judge: TBA Date Filed: 2/11/05
Appeal of denial of attorney's fees motion filed against the County by takings
case plaintiffs. County had removed the case to Federal Court; plaintiffs sought
remand and attorneys fees. Case was remanded to state court but fees denied.
Plaintiffs are seeking between $15,000 and $18,000 in fees.
Growth Management/Planning RBS
Current Status:
Briefs completed; oral argument held 12/9/05.
Next Activity:
None; await decision of Court.
Fees billed to date: None.
Costs: 0.00
Florida Key Deer v. Michael Brown & Gale Norton 90-10037-CIV-Moore
U.S. Dist. Ct., SO 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:
Case closed: Dismissed with prejudice
Next Activity:
Billing to Date: none
CAY Time: 33.8
Costs: 0.00
Florida Key Deer. et al v. R.D. Paulson. et al
11th Circuit Judges: TBA
Appeal of Southern District's injunction in 90-10037-CIV.
Growth Management/Planning
05-16374-11
Date Filed: 11/10/05
RBS
Current Status:
Jurisdiction briefs requested by Court.
Next Activity:
File jurisdiction briefs.
Billing to date:
CAY Time:
none
0.5
Costs:
0.00
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Monroe County v. Florida Key Deer. et al 05-16990-11
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: Preliminary jurisdiction questions pending.
Next Activity: Draft briefs.
Billing to Date: None
CAY Time: 0.5
Florida Key Deer. et al v. Gale Norton (Sec. of Interior) 05-10063-CIV-KING
U.S.D.C. S.D.Fla. Judge: King Date Filed: 6/15/05
ESA challenge to F&WS review of construction of park on Big Pine Key.
Engineering/Construction Management RBS
Current Status: 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
Hyland. Thomas G. v. D. Kolhage & R. Thurston 04-101 02-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: Kolhage filed motion to dismiss.
Next Activity: Await ruling from Court on Kolhage's Motion to Dismiss.
CAY Time: 2.8
Fees & Costs billed to date:
$5,207.12
21
FKCC & Last Stand v. FL Admin. Comm.. Monroe County DOAH 04-2756
DOAH Judge: Carolyn Holifield Date Filed: 08/05/04
Administrative Rule challenge to partnership agreement with State.
Growth Management/Planning RBS
Current Status: Final Order in County's favor issued 6/29/05.
Next Activity: None pending appeal.
Fees billed to date: $59,464.92
CAY Time: 190.1 hours
Costs: 0.00
FKCC & Last Stand v. FL Admin. Comm.. Monroe Countv. et al 3005-1800
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: Appellant's brief filed.
Next Activity: County & DCA's brief deadline extended until after
disposition of Marathon's motion to dismiss.
Fees billed to date: none
CAY Time: 0.5 hours
Costs: 0.00
Hardee. Evelvn 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
RBS
Current Status: PL Deposition for 3/6/6 reset for May 2006.
Next Activity: Depositions 4/25-6/06
Fees billed to date: $5694.33 (thru 1/31/06).
CAY Time: 8.9 hours
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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
Complaint for injunctive relief and damages under Whistle-Blower Act, Civil
Rights Act, defamation and interference with business relationship.
Personnel/Risk Management RBS
Current Status: County moved to dismiss Kessler's second amended
complaint 2/1/6.
Next Activity: Hearing on motion to dismiss, 4/11/06.
Fees & Costs billed to date:
CAY Time: 28.6
$11,554.97 (thru 1/31/6)
Kessler. Stuart v. Monroe Countv & Tom Willi 3005.2755
Third DCA Judges: TBA Date Filed: 11/28/05
Appeal of non-final order denying Kessler's petition for temporary reinstatement.
Personnel/Risk Management RBS
Current Status: County filed appellate brief 2/2/6.
Next Activity: Kessler response brief due 2/13/06.
Billing to date: see CA K 05-1006
CAY Time: 2.0 Costs: 0.00
Neuman. Kenneth v. Monroe County CAK-04-663
Circuit Court 16th Judge: Jones Date Filed: 6/21/04
Action for damages and to compel County to issue building permits.
Growth Management/Planning RBS
Current Status: Discovery.
Next Activity: Discovery.
Fees billed to date: $2,326.92
CAY Time: 5.8 hours
Costs: 0.00
23
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 DSE subcontractor.
Risk Management/Airport/MCSO PJM
Current Status: Discovery.
Next Activity: Discovery.
Fees billed to date: $743.86
CAY Time: 4.5 hours
Costs: 0.00
Paul, Hastings (Bob Freilich & Derek Howard)
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: Post summary judgment hearing briefs being completed.
Next Activity: Court's ruling on County's motion for summary judgment.
Total Fees billed to date: $830,901.46 (thru 1/18/06)
CAY Time: 150.8 hours Costs: $87,482.06
Emmert. Helen & Grea v. Monroe County
Circuit Court 16th Judge: Garcia
Inverse condemnation and vested rights action.
Growth Management/Planning
CA P 02-520
Date Filed: 10/2/02
RBS/JDS
Current Status: Motion to dismiss pending.
Next Activity: Hearings on MC's Motion to Dismiss & PL M4 SJ 3/13/6;
soce to hear settlement offer on 3/15/6.
P, H Billing to date:
M&H Billing to date:
CAY Time: 10.5
None
$94,550.56 as of 10/31/05
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Galleon Bay Y. Monroe County Y. 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: Summary judgment as to liability granted 1/30/06.
Next Activity: Await ruling on County's motion for rehearing.
M & H Billing to date:
Paul, Hastings Billing:
CAY TIME: 56.5
$221,709.88 thru 10/31/05.
$162,385.00 Costs: $1,009.16
The Smith Law Firm
Monroe County v. Post Buckley. Schuh. and Jerniaan CAK-95-402
Circuit Court 16th Judge: Payne Date Filed: 3/30/95
Malpractice claim against the County's former engineering firm for miscalculation
of bonds necessary to finance improvements to Card Sound Road.
Engineering RBS
Current Status: Settled remaining issue.
Next Activity: Close file once dismissed by Court.
Fees & Costs billed to date: $645,606.54
(doesn't include PBSJ fees paid of $282,745.01)
Monroe County v. Post Buckley. Schuh. and Jerniaan 3005-1822
Third DCA Judges: TBA Date Filed: 8/1/05.
Appeal of judgment in the above case.
Engineering RBS
Current Status: Dismissed by stipulation 3/8/6.
Next Activity: Close file after final bill paid.
Fees billed to date: see previous entry.
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Vernis & Bowling of the Florida Keys, P.A.
GAP Properties of SW Florida-I. Inc. v. Monroe County CAK-04-1321
Circuit Court 16th Judge: Jones Date 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 Management/Planning RBS
Current Status: Certiorari denied, rehearing motion denied. Settlement
discussions ongoing.
Next Activity: Present settlement proposal to SOCC on 3/15/6.
Fees billed to date: $26,875.00
Costs: $306.43
Gap Properties of SW Florida-I, Inc. v. Monroe County 3005-2413
Third DCA Judges: TBA Date Filed: 10/14/5
Second tier certiorari appeal of denial of petition challenging County's plat
approval rules for dockominiums, see CA K 04-1321 below.
Growth Management/Planning RBS
Current Status: County's amended motion to dismiss pending.
Next Activity: Ruling on motion; settlement discussions pending.
Fees billed to date: see trial level
Costs = None
Kev Tex S. D. Condo Assoc. v. Monroe County & T. McGarry CAK-04-224
Circuit Court 16th Judge: Jones Date Filed: 3/2/04
Action to prevent County from denying permits because of ownership conversion
to condominiums and compel County to accept permit applications.
Growth Management/Planning RBS
Current Status: Motion to dismiss pending; settlement discussions ongoing.
Next Activity: Settlement proposal to be presented to SOCC on 3/15/6;
Hearing on motion to dismiss reset to 4/20/6.
Fees billed to date: $32,290.50
Costs: $2,540.84
26
Osborn. Jeff v. Monroe County CAP-04-564
Circuit Court 16ln Judge: Garcia Date Filed: 11/24/04
1 of 2 certiorari petitions challenging development approval of Northstar project.
Growth Management/Planning RBS
Current Status: Court denied petition 12/14/05.
Next Activity: None pending appeal.
Fees billed to date: $14,039.50
Costs: $261.49
Osborn. Jeff v. Monroe County
Third DCA Judges: TBA
Certiorari appeal of CA P 04-564 on Northstar Project.
Growth Management/Planning
3006-52
Date Filed: 1/11/06
V & B handling. RBS
Current Status: Motion to dismiss filed.
Next Activity: Await ruling on Motion to Dismiss
Billing received to date: see billings for CA P 04-564.
Osborn. Jeff v. Monroe County CAP-04.565
Circuit Court 16ln Judge: Garcia Date Filed: 11/24/04
2 of 2 certiorari petitions challenging development approval of Northstar project.
Growth Management/Planning RBS
Current Status: Oral argument held 12/15/05.
Next Activity: Await decision of Court.
Fees billed to date: $3,920.50
Costs: $146.93
Assigned Assistant County Attorney
PJM = Pedro Mercado
JDS = Jerry Sanders
RBS = Bob Shillinger
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