January, February & March 2020 Litigation Report

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OFFICE OF THE CITY ATTORNEY: MEMORANDUM

In order to keep you informed of the status of pending litigation matters currently handled by the Office of the City Attorney, provided below is a summary of significant results and new cases in January, February & March 2020, and other important updates.

SIGNIFICANT RESULTS AND UPDATES:

BREACH OF CONTRACT ACTION: Perez-Gurri Corp. d/b/a N&J Construction vs. City of Miami et al., Miami-Dade County Circuit Court, Case No. 15-8881 CA 02 (EJE). Plaintiff, Perez- Gurri Corp. d/b/a N&J Construction (“Plaintiff” or “Perez-Gurri”), sued the City alleging fraud and breach of contract arising from its contract for renovations to the City-owned property known as the ‘Caribbean Marketplace’ (“Project”). Perez-Gurri alleged that the City (1) violated the "Consultants Competitive Negotiation Act" (Fla. Stat. §287); (2) breached by rejecting certain proposed change orders; (3) failed to perform its obligations resulting in delay damages; and, most significantly, (4) Perez-Gurri sought to avail itself of the judicially-created “wrongful act doctrine” damages which circumvents the “American Rule” preclusion for recovery of attorneys’ fees. By way of background, Plaintiff initially sued the design professionals associated with the Project. After roughly 2½ years of litigation, Perez-Gurri then sued the City of Miami for the above- mentioned claims. The City successfully acquired dismissals on various claims upon sovereign immunity grounds. During the pendency of the action, it was determined that, in addition to the alleged delay damages of (roughly) $50,000, Perez-Gurri was seeking recovery for purported attorneys’ fees exceeding $500,000. On October 3, 2019, the City of Miami’s Motion for Summary Judgment, drafted by Assistant City Attorney Eric Eves, was heard by the Honorable Carlos Guzman. The crux of the City’s motion was the Plaintiff’s failure to comply with the express terms of its contract (i.e. failure to engage in the pre-suit alternative dispute resolution procedures). On February 19, 2020, the Court granted the City of Miami’s Motion for Summary Judgment holding that “[Perez-Gurri] did not meet its contractual obligation(s) before filing suit.”

LITIGATION CHALLENGING ULTRA 2020: Amal Kabbani et al. v. City of Miami, Miami- Dade County Circuit Court, Case No. 20-905 (CAG/JAG/Outside counsel). This is a lawsuit filed by multiple plaintiffs challenging this year’s Ultra. The lawsuit asserts, among other things, violations of the City Charter. The Court allowed Event Entertainment Group (EEG) to intervene. The plaintiffs asserted “resident standing” – i.e. that amendments to the City Charter conferred standing for residents to argue violations of the City Charter without having to establish special injury. EEG challenged resident standing. At the conclusion of a hearing before Judge David C. Miller, the Court denied resident standing, basing its ruling on the previous decision of the Third District Court of Appeal in Solares v. City of Miami.

DECLARATORY JUDGMENT ACTION: Adrian Santos vs. City of Miami & Armando Aguilar, Jr, Circuit Court Case No. 17-29422 CA 01 (KRJ/SKP). Former Police Officer Adrian Santos filed an action for declaratory and injunctive relief against the City and Assistant Chief Aguilar, Jr, alleging the City violated Santos’ Law Enforcement Officers Bill of Rights by allegedly failing to turn over records prior to his Disciplinary Review Board hearing, allegedly failing to permit more than one attorney in his Disciplinary Review Board hearing, and by allegedly failing to have a Compliance Review Hearing. The City filed a motion to dismiss, which the court granted. Santos thereafter refiled his complaint seeking the same relief. The City responded by filing a second motion to dismiss. The court dismissed Santos’ Amended Complaint with prejudice. The court reasoned that Santos’ Amended Complaint was moot because Santos has been terminated for over two years. The court also found that it could not award the remedy Santos sought based on case law. Santos has appealed.

NEGLIGENCE ACTION (TRIP AND FALL): Martha Camayd v. City of Miami, Miami-Dade County Circuit Court, Case No. 17-28083 CA 02 (JTM). The Plaintiff filed suit against the City alleging that on November 1, 2015, the City negligently maintained a passageway/sidewalk located at 3500 Pan American Drive (City Hall), which caused the Plaintiff to fall and sustain injuries. On February 6, 2020, the Court granted the Plaintiff’s counsel’s Motion to Withdraw and provided the Plaintiff with 30 days to (a) have new counsel file a notice of appearance or (b) file a notice of intent to represent herself. On March 13, 2020, the City filed a Motion to Dismiss based on the Plaintiff’s failure to complete either option. On March 28, 2020, the Court entered an Order of Dismissal.

PETITION FOR WRIT OF MANDAMUS (LAND USE MATTER): SPV Realty, LC v. City of Miami, Miami-Dade County Circuit Court, Case No. 19-32456-CA-01 (KLM). In this matter, the applicant for a special area plan, SPV Realty, petitioned for a writ of mandamus to direct the City’s Planning and Zoning Appeals Board to make a recommendary vote on its Special Area Plan, prior to the item being sent to the City Commission for final consideration. The recommendary vote is required under Miami 21. The item was deferred a number of times, at the request of the applicant. The item was then deferred two times by PZAB. The second time, PZAB requested additional information from the applicant, which the applicant refused to provide. Instead, the applicant filed this action in circuit court. The circuit court denied the Petition for Writ of Mandamus, ruling that although the PZAB’s recommendary vote would typically constitute a ministerial duty, where PZAB had requested additional information from the applicant that the applicant refused to provide, it could not be said that PZAB was not acting within its discretionary function.

NEGLIGENCE ACTION (TRIP AND FALL): Rickie Robinson v. City of Miami & Florida Department of Transportation, Miami-Dade County Circuit Court, Case No. 19-32960 CA 02 (JTM). This is a trip-and-fall case from December 6, 2015, in which the Plaintiff alleged that the City and FDOT negligently maintained a sidewalk at 79th Street and 11th Avenue. The Plaintiff alleged he was injured as a result. After an investigation, this Office advised opposing counsel that the subject sidewalk is not within the City. On December 17, 2019, the Plaintiff filed a Notice of Voluntary Dismissal regarding the City.

NEGLIGENCE ACTION (TRIP AND FALL): Cecilia Caldwell v. City of Miami, Miami-Dade County Circuit Court, Case No. 19-34751 CA 25 (JTM). This is a trip-and-fall case from April 1, 2019, in which the Plaintiff alleged the City negligently maintained a sidewalk along Memorial Highway between 139th Street and 140th Street. The Plaintiff alleges she was injured as a result. After an investigation, this Office advised opposing counsel that the subject sidewalk is not within the City. On January 28, 2020, the Plaintiff filed a Notice of Voluntary Dismissal regarding the City and an Amended Complaint against the County.

WORKERS’ COMPENSATION CASE: Michael Davis v. City of Miami, Office of the Judge of Compensation Claims, Case No. 17-016406SMS (WAJ). The claimant is a park ranger who was hired by the City of Miami on or about October 16, 2008. The claimant was injured due to the actions of a third party on May 26, 2017 when a vehicle rear-ended the claimant's vehicle in the course and scope of the claimant's employment. The accident  was  accepted  as compensable. On July 10, 2017, the claimant filed a petition for benefits seeking medical benefits, attorney's fees, costs, penalties and interest. Additional Petitions for Benefits were filed on January 10, 2019 and June 25, 2019 seeking similar benefits. A final hearing was set to take place on January 13, 2020 but prior to the final hearing opposing counsel filed a notice of voluntary dismissal.

WORKERS’ COMPENSATION CASE: Arndre Fisher v. City of Miami, Office of the Judge of Compensation Claims, Case No. 19-016605SMS (WAJ). The claimant is an employee of the City of Miami Department of Solid Waste who alleged he injured his right thumb while raking trash on June 11, 2019. The accident was accepted as compensable under the 120 day "pay and investigate provision of Section 440.20(4), and workers compensation benefits have been paid. Workers' compensation treatment and care has been authorized. On July 2, 2019, the claimant filed a petition for benefits seeking additional medical and indemnity benefits together with attorney's fees, costs, penalties, and interest. This office defended the City of Miami. A final hearing was scheduled to take place on January 16, 2020 but prior to final hearing opposing counsel filed a notice of resolution of issues reserving on attorney's fees and costs. The final hearing was cancelled.

WORKERS’ COMPENSATION CASE: John Ballas v. City of Miami, Office of the Judge of Compensation Claims, Case No. 19-017128WJH (WAJ). This matter involves a firefighter who alleges that on January 15, 2019 he was injured on the job when he sprinted to the fire truck after receiving a call. He claimed orthopedic injuries. The City of Miami and USIS investigated the claim and denied benefits. On July 10, 2019 the claimant filed a Petition for benefits seeking authorization of medical care, a determination of compensability, payment of past medical care with Dr. Robert Norton, Dr. Burrough, Bethesda Hospital for dates of service of January 23, 2019 and February 8, 2019 as well as penalties, interests, costs and attorney's fees. This office asserted both a Section 440.15(5), Florida Statutes defense as the claimant failed to include information on his pre-employment physical questionnaire pertaining to a prior accident relevant to the alleged injury of January 15, 2019, and also a Section 440.09(4), Florida Statutes defense as the City took the position that the claimant made false or misleading statements for the purpose of obtaining workers' compensation benefits. A final hearing was scheduled to take place on January 17, 2020. In lieu of litigating entitlement to benefits after discovery commenced, the claimant and counsel filed a Notice of Voluntary Dismissal of the entire claim/accident with prejudice. The City prevailed and may seek reimbursement of taxable costs per Section 440.34(3).

WORKERS’ COMPENSATION CASE: Clinton Hanks v. City of Miami, Office of the Judge of Compensation Claims, Case No. 11-022750SMS (WAJ). The claimant is a solid waste collector for the City of Miami since February 4, 1994 who alleged he was injured on on-the-job on August 8, 2011 as a consequence of sitting in the truck on a repetitive basis. The accident has been accepted as compensable and benefits have been provided. On August 20, 2019, the claimant filed a new Petition for Benefits seeking medical benefits and attorney's fees. A final hearing was scheduled for February 27, 2020; however, prior to the final hearing opposing counsel filed a notice of resolution reserving on attorney's fees and costs.

CODE ENFORCEMENT: In January 2020 there were 146 code compliance, nuisance abatement, and ticketing matters before Boards and/or Special Masters. In February 2020 there were 147 code compliance, nuisance abatement, and ticketing matters before Boards and/or Special Masters. In March 2020 there were 2 code compliance, nuisance abatement, and ticketing matters before Boards and/or Special Masters.

NEW CASES OPENED IN JANUARY, FEBRUARY, AND MARCH 2020

PUBLIC RECORDS ACTION: Lourdes Blanco v. City of Miami, Linden Airport Services Corporation, Watson Island Heliport Corporation, Chalks Airlines, Inc., Nautilus Enterprises, LLC, City National Bank Corporation, Wells Fargo Bank, N.A., Anthony Brunson, P.A., and Anthony Brunson, Miami-Dade County Circuit Court, Case No. 14-11755 CA (23) (EJE/KRJ/ GKW/JMS). This is a public records case in which the Plaintiff, formerly with Miami Sports and Exhibition Authority (MSEA), alleges nine claims against the City related to various public records requests. Counts I-VI allege enforcement of the public records law against the City only. Counts VII-IX purport to seek declaratory relief against the City and various co-defendants. The Plaintiff alleges that the City’s co-defendants are contractors subject to the Public Records Act.

NEGLIGENCE ACTION (MOTOR VEHICLE ACCIDENT): Janelle Alexandra Arguelles v. City of Miami, Miami-Dade County Circuit Court, Case No. 19-035456 CA 01 (32) (JPO). This case is a motor vehicle accident with an off-duty City of Miami police officer, which is alleged to have occurred on October 25, 2018 on State Road 821 and SW 112th Ave. The officer allegedly rear-ended the Plaintiff.

NEGLIGENCE ACTION (MOTOR VEHICLE ACCIDENT): CATHERINE COSTELLO, as Personal Representative of the Estate of Rocky Costello, decedent and CATHERINE COSTELLO, individually as natural mother of ROCKY COSTELLO, deceased v. CITY OF MIAMI, MIAMI- DADE COUNTY, CITY OF MIAMI POLICE DEPARTMENT, TURNER GUILFORD KNIGHT CORRECTIONAL CENTER AND MIAMI-DADE CORRECTIONS & REHABILITATION DEPARTMENT, Miami-Dade County Circuit Court, Case No. 19-37031 CA 24 (CAG). This is an action for wrongful death brought by the mother of an adult male involved in a motor vehicle accident and then arrested by Miami Police Department officers on December 20, 2017. Plaintiff claims City employees should have recognized that Plaintiff's decedent had a serious medical issue and transported him immediately to a hospital. He passed away on December 26, 2017.

NEGLIGENCE ACTION (TRIP AND FALL): Annabel C. Majewski v. City of Miami, Miami- Dade County Circuit Court, Case No. 2019-34733 CA 01 (JPO). On November 30, 2017, Plaintiff claims she was injured on November 30, 2017 when she was walking southbound on sidewalk, east of NW Miami Court towards 28 W. Flagler Street, when she tripped on a raised grate 3/4 inches off of the ground.

NEGLIGENCE ACTION (TRIP AND FALL): Daniela Jaramillo v. City of Miami, Miami- Dade County Circuit Court, Case No. 2020-000799 CA 01 (JPO). On March 27, 2019, Plaintiff claims that she tripped and fell while crossing the road from the Courthouse Garage located at 40 NW 3rd Street to the Wilkie D. Ferguson Jr. United States Courthouse when a pothole/uneven pavement allegedly caused her to trip and fall.

NEGLIGENCE ACTION (MOTOR VEHICLE ACCIDENT): Santiago Arango v. City of Miami, Miami-Dade County Circuit Court, Case No.: 2020-000551 CA 01 (JTM). The Plaintiff has filed suit against the City alleging that on April 9, 2019, at NE 2nd Avenue and NE 20th Street, Officer Carla Mendoza's negligent operation of a City vehicle within the course and scope of her employment caused it to collide with the Plaintiff as he rode a motor scooter. The Plaintiff alleges he was injured as a result.

NEGLIGENCE ACTION (MOTOR VEHICLE ACCIDENT): Josue N. Vilchez v. City of Miami, Miami-Dade County Circuit Court, Case No. 20-001251 CA 01 (05) (JPO). This case involves a motor vehicle accident occurring on August 16, 2017 at NW 4th Street. City of Miami employee David San Juan was operating a City of Miami vehicle at time of the accident.

NEGLIGENCE ACTION (TRIP AND FALL): Gyrleide de Figueirodo v. City of Miami et al., Miami-Dade County Circuit Court, Case No. 20-001122 CA 01 (31) (JPO). Plaintiff alleges that, on January 20, 2017, she tripped and fell on a sidewalk at or near 255 E. Flagler Street in Miami, Florida. Plaintiff alleges that she sustained bodily injuries due to her fall. Plaintiff alleges that the City failed to keep and maintain said premises in a reasonably safe condition and that it also breached its duty to warn her of the alleged dangerous condition.

DECLARATORY JUDGMENT ACTION: Platinum Advisors, LLC and Skyviews of America, LLC, v. City of Miami, Miami-Dade County Circuit Court, Case No. 20-1679 (02) (CAG). Plaintiffs previously sued Commissioner Carollo for breach of contract and other claims in a separate lawsuit. In this proceeding, Plaintiffs seek a declaratory judgment that the City unlawfully agreed to pay the Commissioner's legal fees alleging that he was acting as a private party during the term of the contract and breach the contract by disclosing proprietary trade secrets.

DECLATORY JUDGMENT ACTION (ULTRA): Amal Kabbani et al. v. City of Miami, Miami-Dade County Circuit Court, Case No. 20-905 (CAG/JAG/Outside counsel). This is an action filed by fourteen residents of downtown Miami claiming that the City of Miami improperly authorized the City Manager to execute an agreement with the entities responsible for the Ultra Music Festival and seeking declaratory and injunctive relief to preclude the use of City of Miami property for the event.

CIVIL RIGHTS ACTION: Omar Mohsen Ibrahim Fouad v. City of Miami Police Department, Sergeant Gomez, and Officer Rodriguez, Miami-Dade County Circuit Court, Case No. 18-029755 CA 01 (31) (DAH). Pro Se Plaintiff alleges that on August 7, 2018, he was assaulted and his civil rights were violated by the City of Miami Police Department, Sergeant Gomez, and Officer Rodriguez when he was involuntarily committed under Florida's Baker Act. Plaintiff alleges that he was injured on the left side of his body from his neck down the left side of his body.

CIVIL RIGHTS ACTION: James Nicholson v. City of Miami, et al., United States District Court, Southern District of Florida, Case No. 19-cv-25295-JLK (DAH). Plaintiff alleges that on May 23, 2018, he was unlawfully arrested, subjected to excessive force, falsely imprisoned, and battered when he was thrown to the ground and arrested while working as a Nurse Manager at the Behavioral Unit of Jackson Memorial Health System in Miami, Florida. Plaintiff alleges that Miami Police Department Officer Lester Bohnenblust became enraged when a relative of Officer Bohnenblust was discharged for not meeting the criteria for continued involuntary detention. Officer Bohenblust was subsequently, arrested, prosecuted, and convicted. Plaintiff also alleges that the City of Miami and Police Chief Jorge Colina had a policy of failing to investigate and discipline Officers engaged in misconduct and that Chief Jorge Colina was negligent in his supervision or retention of Officers engaged in misconduct. The action alleges violations of federal civil rights law, 42 U.S.C. § 1983, and the laws of the State of Florida.

WORKERS’ COMPENSATION: Gustavo Rojas v. City of Miami, Office of the Judge of Compensation Claims, Case No. 20-002062JIJ (WAJ). The claimant is an employee of the City of Miami Department of Solid Waste who was injured on the job on February 23, 2016 when the truck struck a pothole and he experienced right sided low back pain with right lower extremity pain. The accident was accepted as compensable and benefits have been paid. The claimant hired an attorney and filed a Petition for Benefits on January 24, 2020 seeking medical, indemnity attorney's fees, costs, penalties and interest.

APPEAL (LABOR MATTER): Ferguson, Francina v. Miami Parking Authority, Miami Dade County Circuit Court, Appellate Division, Case No. 20-40 AP 01 (KLM). This matter involves a claim of discrimination by former Parking Enforcement Officer Francina Ferguson on behalf of the Miami Parking Authority before the Miami Dade Commission on Human Rights (MDCCHR). Ms. Ferguson alleges that she was discriminated and retaliated against because of her race. After an investigation, the MDCCHR found no probable cause of discrimination. Ms. Ferguson requested a hearing. The Matter was set for hearing July 29, 2019, and September 10, 2019. On September 10, 2019, the MDCCHR granted the Miami Parking Authority's motion for directed verdict. On January 8, 2020, the MDCCHR entered a final order in favor of the MPA. Ms. Ferguson has appealed to the Appellate Division of the Circuit Court.

CIVIL RIGHTS ACTION: Mikeada Effs v. City of Miami, City of Miami Police Department, and AlexI Figueroa, individually and as a former police officer of the City of Miami, Miami-Dade County Circuit Court, Case No. 20-001856 CA 01 (CAG). Plaintiff alleges that on January 26, 2016, she was stopped by former police officer Alexi Figueroa in the area of N.W. 80th Street and 7th Avenue. Plaintiff claims the officer ordered her to get into his police vehicle where he assaulted her. Plaintiff alleges she pulled away from the officer, left the police car, and had a family member call 911 to report the incident. Figueroa was ultimately arrested and charged with false imprisonment and battery. He was terminated as a police officer with the City and his termination was upheld in an arbitration award dated June 20, 2019. Plaintiff sued the City claiming violations of her civil rights under the Fourth and Fourteenth Amendments. Plaintiff also sued the City for negligence. Plaintiff sued Figueroa for negligence, assault, battery, false imprisonment, and civil rights violations.

NEGLIGENCE ACTION (MOTOR VEHICLE ACCIDENT): Elicaire Cadet v. City of Miami, Miami-Dade County Circuit Court, Case No. 2020-001883 CA 01 (05) (JPO). Complaint alleges that on July 20, 2019, City of Miami Officer Hilda Rodriguez negligently caused a motor vehicle accident with plaintiff.

NEGLIGENCE ACTION (MOTOR VEHICLE ACCIDENT): Francina Drake v. City of Miami and Corey Tully, Miami-Dade County Circuit Court, Case No. 2020-00224 CA 01 (21) (JPO). The Plaintiff, Francia Drake has brought a suit against the City and Cory Tully, alleging that on or about December 12, 2016, she was the driver of a 2011 Chevy and Tully was driving a City vehicle and they were involved in a motor vehicle accident occurring near the intersection of 6360 NE 4th Court. The Plaintiff filed a two-count complaint, with a count of negligence against the City, and a count of negligence against Tully.

NEGLIGENCE ACTION (PROPERTY DAMAGE): Royal Investments, LLC and Royal Linen Services, LLC v. City of Miami et al., Miami-Dade County Circuit Court Case No. 18-20454 CA 13 (NMR). Plaintiffs allege that on June 22, 2017, they were involved in a motor vehicle accident with Co-Defendant Callie Berta Migden and a City of Miami Fire Rescue vehicle operated by City of Miami Fire Department (MFD) employees while acting within the course and scope of their employment. Plaintiffs allege that MFD negligently operated the City of Miami owned vehicle at the time of the incident, and that, as a direct and proximate cause of said accident, sustained property damage to Plaintiffs’ principal place of business.

NEGLIGENCE ACTION (MOTOR VEHICLE ACCIDENT): Danilo Zelaya and Sandra Rodriguez v. City of Miami, Miami-Dade County Circuit Court Case no. 20-003723 CA 01 (06). (JPO). The Plaintiff, Danilo Zelaya, has brought a two-count lawsuit against the City. The first count is a negligence claim alleging that on July 18, 2018, he was operating a golf cart westbound on NE 38th street, and City of Miami Officer Andrew Rojas was driving a City of Miami Police Cruiser, traveling northbound on NE 2nd avenue approaching the intersection of NE 38th street, when Officer Rojas collided with Plaintiff causing injury. The second count is a loss of consortium claim against the City brought by the Plaintiff's Wife, Sandra Rodriguez.

NEGLIGENCE ACTION (TRIP AND FALL): Roblyn Woods v. City of Miami, Miami-Dade County Circuit Court, Case No. 19-036341 CA 01 (JTM). The Plaintiff has filed suit against the City alleging that on February 11, 2019, she tripped and fell on a negligently maintained sidewalk at NW 15th Street and 7th Avenue in Miami and was injured.

NEGLIGENCE ACTION (TRIP AND FALL): Douglas Levy v. City of Miami, Miami Dade County Circuit Court, Case No. 19-32558 CA 01 (JTM). The Plaintiff filed suit against the City alleging that on November 24, 2016, at NW 1st Court and NW 8th Street in Miami, he stubbed his toe on an uneven sidewalk which resulted in amputation.

NEGLIGENCE ACTION (TRIP AND FALL): Nelida Morales v. City of Miami, Miami-Dade County Circuit Court, Case No. 2019-8651 CA 01 (04) (JTM). The Plaintiff filed suit against the City and the County alleging that on June 20, 2017, she tripped, fell, and was injured due to a negligently maintained sidewalk at Klebba Lane and Douglas Road (SW 37th Ave.) in Coral Gables.

NEGLIGENCE ACTION (TRIP AND FALL): Ronald Craig v. City of Miami, et al, Miami- Dade County Circuit Court, Case No. 2019-036686 CA 01 (JTM). The Plaintiff filed suit against the City, County, and Thyssenkrupp Elevator Co. alleging that on June 9, 2016, at 3501 NW 12th Ave (Allapattah Metrorail Station), he tripped, fell, and was injured due to a negligently maintained elevator.

NEGLIGENCE ACTION (TRIP AND FALL): Fernando Lopez v. City of Miami et al., Miami- Dade County Circuit Court, Case No 20-0019 CA 01 (NMR). Plaintiff alleges that on January 20, 2016, he tripped and fell on a manhole/cover that was "defective, broken, loose, raised up and not in its proper position" creating an alleged dangerous condition. The location of the alleged condition was on the west side of N.W. 27th Avenue between N.W. 1st and 3rd Streets. Plaintiff's trip allegedly caused him to fall onto the sidewalk causing personal injuries and enjoyment of life. Plaintiff alleges that the City failed to keep and maintain said premises in a reasonably safe condition and that it also breached its duty to warn of the alleged dangerous condition.

CIVIL RIGHTS ACTION: Shawn Johnson v. City of Miami Police Department, et al., Miami- Dade County Circuit Court, Case No. 20-002547 CA 01 (05) (DAH). Plaintiff alleges that on December 8, 2018, the City of Miami Police Department was negligent in that he was battered by three unknown City of Miami Police Officers at a launch party for the release of Nike Air Jordan 1 Retro High OG sneakers at E11even Gentlemen's Club located at 29 NE 11th Street, Miami, Florida, resulting in physical injury and mental anguish to the Plaintiff. The action alleges violations of federal civil rights law, 42 U.S.C. § 1983, and the laws of the State of Florida.

PROPERTY DAMAGE ACTION: Randolph Scott Pepke v. City of Miami Police Department and Roberto Heredia Rubio, Miami Dade County Circuit Court, Case No. 20-1710 CC 05 (JTM/EJE). The Plaintiff has filed suit against the Police Department and Officer Rubio alleging that (1) on November 10, 2015, he surrendered 4 firearms pursuant to a domestic violence injunction, (2) on December 1, 2015, the injunction was denied, and (3) on September 5, 2017, the firearms were destroyed instead of returned to him. The Plaintiff has pled a trespass and negligence claim against each defendant.

MUNICIPAL LITIGATION:  Ernesto Cuesta, Brickell Homeowners Association, Inc., Ronald M. Friedman, 2020 Biscayne Blvd., LLC, 2060 Biscayne Blvd, LLC, 2060 N.E. 2nd Avenue, LLC, 246 N.E. 20th Terrace, LLC, Morningside Civic Association, and Paraiso Beachclub Operator, LLC, vs. City of Miami and Arthur Noriega, Miami-Dade County Circuit Court, Case No. 20-6798 CA (43) (Outside Counsel). Plaintiffs are individuals and businesses seeking declaratory and injunctive relief to enforce the mayoral veto of the City's settlement in West Flagler Associates, Ltd., v. City of Miami, which involved a challenge to the City's amendment to Miami 21 requiring a special exception for gambling uses. Plaintiffs allege the settlement violates the comprehensive neighborhood plan. In addition, Plaintiffs allege the zoning verification letters issued by the City's zoning administrators in 2012 and 2018 are void as unauthorized by Miami 21.

NEGLIGENCE ACTION (MOTOR VEHICLE ACCIDENT): Felicia Morales v. City of Miami, Miami-Dade County Circuit Court, Case No.20-002580 CA 01 (02) (JPO) Plaintiff Felicia Morales claims that she suffered injuries as a result of a motor vehicle accident caused by a City of Miami Police Officer which occurred on June 5, 2018 while she was driving on NW 72nd Street.

NEGLIGENCE ACTION (MOTOR VEHICLE ACCIDENT): USAA General Indemnity Company a/s/o Candyce Haynes v. City of Miami, Miami-Dade County Circuit Court, Case No. 2020-5413 CC 05 (01) (RGD). Plaintiff, USAA General, as subrogee of Candyce Haynes, alleges that on March 1, 2017, its insured was involved in a motor vehicle accident with City of Miami employee, Officer Shantavia Pitts who was negligently operating a City-owned vehicle at the time of the incident. Plaintiff alleges that it has paid monies towards property damages arising out of this incident and is seeking recover for said payments.

NEGLIGENCE ACTION (TRIP AND FALL - BICYCLE): Lawrence T. Carlin v. City of Miami, Miami-Dade County Circuit Court, Case No. 20- 20-3307 CA (DAH). Plaintiff has filed suit against the City alleging that on February 5, 2018, he was riding his bicycle southbound on NW 9th Avenue and NW 17th St., Miami, when he hit a pothole, was thrown off his bicycle, and sustained injuries. The Plaintiff alleges the City negligently maintained the right of way.

CIVIL RIGHTS ACTION: Adacia Douglas v. Officer Vladimir Garcia, Miami-Dade County Circuit Court, Case No. 20-4335 CA (31) (DAH). Pro Se Plaintiff alleges that on August 14, 2019, City of Miami Police Officers forcefully removed him from a building located at 1335 N.W. 9th Avenue, Miami, Florida, and either stole his belongings or left the building open to allow others to steal his property. Pro Se Plaintiff claims physical and mental injury from the removal and detention that the officers subjected him to under State and Federal Law.

CIVIL RIGHTS ACTION: Adacia Douglas v. City of Miami Police Dept., Ofc. Christopher J. Perales, Ofc. Darrell McMillian, Ofc. Cheyana Duncan, Chapman Partnership, Unknown Officer #27237, Miami-Dade County Circuit Court, Case No. 20-02297 CA (02) (DAH). Pro Se Plaintiff alleges that on November 4, 2019, Chapman Partnership affiliates Darrell McMillan and Cheyana Duncan called the City of Miami Police to have Plaintiff removed from the sidewalk in front of the Chapman Partnership located at 1550 N. Miami Avenue, Miami, Florida, as they were allegedly told to do by the Chapman Partnership and that Officer Christopher J. Perales and Unknown Police Officer #27237 arrived and arrested him for trespassing and as a retaliatory measure due to Pro Se Plaintiff filing numerous Internal Affairs and Court cases against City of Miami Police Officers. Pro Se Plaintiff claims physical and mental injury from the removal and detention that the officers subjected him to under State and Federal Law.

CIVIL RIGHTS ACTION: Adacia Douglas v. City of Miami Police Dept., Miami-Dade County Circuit Court, Case No. 20-5659 CA (01) (DAH). Pro Se Plaintiff alleges that the City of Miami Police Department and the entire Miami-Dade Criminal Justice System ("Gang") has continually worked to deprive him of his Constitutional Rights leading to his arrest him on December 25, 2019, when he was preaching and engaging in political advocacy on the sidewalk located at the corner of Flagler Street and 1st Avenue in Downtown Miami.

CIVIL RIGHTS ACTION: Melissa Lopez v. Javier Ortiz and the City of Miami, United States District Court, Southern District of Florida, Case No. 20-cv-21387-JEM (HJH). This is an action brought under federal and state law relating to the arrest of plaintiff on December 10, 2017. Plaintiff claims Ortiz used excessive force during the arrest resulting in a broken wrist.

UNJUST ENRICHMENT, NEGLIGENCE, CONVERSION AND CIVIL THEFT: Steven Simon v. City of Miami, Miami-Dade County Circuit Court, Case No. 19-6576 CA 31 (HJH). This is an action brought for Unjust Enrichment, Negligence, Conversion, and Civil theft. Plaintiff was a shooting victim on January 9, 2016. MPD responded to the scene and Plaintiff was taken to Jackson Memorial Hospital. His 2012 Nissan Maxima was impounded as evidence in the attempted homicide investigation. Plaintiff spent the next 14 months in the hospital on a feeding tube. His car was sent to the crusher two weeks before he was released. Plaintiff had purchased the vehicle for $10,500 two weeks before the shooting.

WRONGFUL DEATH CLAIM: Lee Lafleur-Green, as Personal Representative of the Estate of Noelle Felicia Lazure, deceased v. City of Miami, Miami-Dade County Circuit Court, Case No. 20-004986 CA 02 (HJH). This is an action for wrongful death of a pedestrian killed on February 24, 2019, during a police chase by a criminal suspect driving a stolen vehicle. Plaintiff claims an officer negligently operated his vehicle causing a crash resulting in the fatal impact to the decedent.

INSURANCE  SUBROGATION  ACTION  (PROPERTY  DAMAGE):  State  Farm Mutual Automobile Insurance Company a/s/o Doreen Macleod-Petit v. City of Miami, Miami-Dade County Circuit Court, Case No. 20-923 CA 01 (RGD). This is an action for subrogation of uninsured motorist payments under section 627.727, Florida Statutes. Plaintiff insurer alleges that on August 29, 2016 at SW 216 Street and East Frontage Road, Officer Alexis M. Diaz was in marked police unit driving westbound on 216th and rear-ended vehicle driven by Macleod-Petit. The claim is for recovery of $50,000 paid by State Farm to their insured.

MISCELLANEOUS MATTERS:

During the month of January 2020, 4 foreclosure matters; 5 bankruptcy matters; 2 quiet title actions; and 5 workers compensation lien subrogation matters were opened by this Office. The details of those matters are not included in this report. In addition, this report does not include new matters involving pre-litigation claims or investigations. If you wish to be briefed on any or all of these additional matters, a meeting will be coordinated at your convenience.

During the month of February 2020, 5 foreclosure matters; 3 bankruptcy matter; and 2 workers compensation lien subrogation matter were opened by this Office. The details of those matters are not included in this report. In addition, this report does not include new matters involving pre-litigation claims or investigations. If you wish to be briefed on any or all of these additional matters, a meeting will be coordinated at your convenience.

During the month of March 2020, 5 foreclosure matters; 5 bankruptcy matter; 1 quiet title action; and 3 workers compensation lien subrogation matter were opened by this Office. The details of those matters are not included in this report. In addition, this report does not include new matters involving pre-litigation claims or investigations. If you wish to be briefed on any or all of these additional matters, a meeting will be coordinated at your convenience.