OFFICE OF THE CITY ATTORNEY MEMORANDUM

Transcription

1 OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: FROM: Honorable Mayor and Members of the City Commission Victoria Méndez, City Attorney DATE: December 5, 2017 RE: Office of the City Attorney - General File for FY Litigation Report Matter ID No.: 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 obtained in October and November 2017, new cases filed against or by the City of Miami during the months of October and November 2017, and other significant updates. My attorneys and I remain available to update you or discuss any of these matters in further detail at your convenience. SIGNIFICANT RESULTS CODE ENFORCEMENT MATTERS: In October 2017, this Office handled 159 Code Enforcement, Unsafe Structure, and Nuisance Abatement matters before the Boards and Special Masters. In November 2017, this Office handled 105 Code Enforcement, Unsafe Structure, and Nuisance Abatement matters before the Boards and Special Masters. DEFENSE VERDICT TRIAL NEGLIGENCE MATTER (TRIP AND FALL): Gussie Faison v. City of Miami, Miami-Dade County Circuit Court, Case No CA 01 (11) (DAH/CHG): In this case, Plaintiff Gussie Faison alleged that on November 7, 2013 she slipped and fell on the sidewalk located on the northwest corner of NW 1st Avenue and NW 3rd Street, Miami, Florida. Plaintiff claimed that she suffered damages in the form of aggravation of a preexisting back injury from a motor vehicle accident in 2003 and torn meniscuses in both knees that were alleged to have occurred at the time of the fall. Plaintiff treated at an emergency room on the date of the fall and subsequently had several epidurals for back pain and surgery on her right knee to repair a meniscus tear. Plaintiff claimed that the City was negligent in its maintenance of the sidewalk and that the City was on notice of the defect due to the length of time that its expert opined the defects in the sidewalk existed. Plaintiff claimed that she suffered permanent injuries to her back, left and right knee and that she would require back surgery in the future at the cost of $150,000 - $200,000, meniscus surgery on her left knee in the future at the cost of $25,000 and full knee replacement of her right knee in the future at the cost of $80,000 - $100,000. Before the trial, the Plaintiff served the City with a Proposal for Settlement for $85,000 that was rejected. The case was tried by a jury on October 10-13, The Plaintiff requested the jury award damages in the amount of $351,000 for past and future medical bills and past and future pain and suffering. On October 13, 2017, the jury returned a full defense verdict in favor of the City of Miami. Page 1 of 14

2 DENIAL OF MOTION TO ENJOIN DEMOLITION (UNSAFE STRUCTURE): Green Tree Servicing v. Seth Sklarey, et al., Miami-Dade County Circuit Court, Case No CA 01 (ANF/RGD): In this action Seth Sklarey filed several motions seeking to enjoin the City from executing a properly issued demolition order. On October 31, 2017, Judge Schlesinger denied all three of Sklarey s motions and confirmed the City s authority to demolish the structure located at 3651 Loquat Ave, remove all persons from the property who attempt to impede the demolition and, remove all items from the property that impede execution of the order. DENIAL OF MOTION TO ENJOIN DEMOLITION (UNSAFE STRUCTURE): Tri-County Community Development Corporation, Inc. v. City of Miami, Miami-Dade County Circuit Court, Case No CA 01 (ANF/RGD): The Plaintiff filed a complaint and motion for emergency injunction to enjoin the City from demolishing the structure located at 1221 NW 37th Street, Miami, FL. The motion was heard before Judge Arzola on November 9, The City argued that the injunction should not issue on the ground that that Plaintiff failed to make a prima facie showing of its entitlement to injunctive relief. The court agreed with City s argument and dismissed the complaint with leave to amend. The Plaintiff has since filed an amended complaint and motion for injunction. DENIAL OF MOTION FOR INJUNCTION (ELECTIONS MATTER): Denise Galvez Turros v. City of Miami, et al., Miami-Dade County Circuit Court, Case No (JAG): In this suit, plaintiff filed a claim for injunctive relief, seeking to have the ballot for the City of Miami District 4 Commission election to be withdrawn and replaced with a ballot in which the plaintiff s name was listed first, rather than last. Plaintiff asserted that her name should be alphabetized using a G for Galvez, rather than a T for Turros. Plaintiff filed an emergency motion for injunctive relief. After a hearing, the trial court denied the motion for injunction. PERC ORDER ON MERITS OF UNFAIR LABOR PRACTICE CHARGE: Headley v. City of Miami, Public Employees Relations Commission, Case No. CR (Outside Counsel/KRJ/JAG): Upon remand from First District Court of Appeal, the Public Employees Relations Commission adopted the recommended order of the hearing officer and found inter alia that the remedy was to reinstate the status quo ante as of September 29, PERC directed the hearing officer to open a backpay case. The City has filed an appeal. SETTLEMENT OF NEGLIGENCE CLAIM (REAR END MOTOR VEHICLE ACCIDENT): Gonzalez v. City of Miami, Miami-Dade County Circuit Court, Case No CA 01 (JTM): The Plaintiff alleged that on April 5, 2016, on SW 22nd Avenue near SW 15th Street, Miami, his vehicle was rear-ended by a City vehicle being driven by a City employee, Officer Ismaelia Castillo, while she was within the course and scope of her employment. The Plaintiff suffered neck and back injuries, the total medical expenses were approximately $24,696.00, and the Plaintiff was claiming lost wages. The case was settled at mediation on November 16, 2017, for $22,000 and the cost of mediation. SETTLEMENT OF NEGLIGENCE CLAIM (REAR END MOTOR VEHICLE ACCIDENT): Vrillaud, Daniela Andrea v. City of Miami, Miami-Dade County Circuit Court, Case No CA-10 (JTM): The Plaintiff alleged that her vehicle was rear-ended on Biscayne Blvd. by a City vehicle being driven by Officer Andres Ignacio Ramos while he was Page 2 of 14

3 within the course and scope of his employment. The Plaintiff suffered back injuries and the total medical expenses were approximately $45, The case was settled for $20,000 and the cost of mediation. RESOLUTION OF WORKERS COMPENSATION CLAIM: Marvalyn Reid v. City of Miami, Office of the Judge of Compensation Claims, Case No AMK (WAJ): Officer Reid was involved in an accident when a Metro-Dade bus side swiped her police cruiser. She has filed a Petition for Benefits 5/9/2017 requesting authorization for a return visit, plus attorney's fees and cost. The City took the position that authorized medical care was never denied, as the claim is compensable. The City also took the position that attorney's fees and costs are not due. A final hearing was scheduled to take place on 11/20/2017; however, the hearing has been cancelled because claimant acknowledged that their issues were resolved. RESOLUTION OF WORKERS COMPENSATION CLAIM: Michael K. Williams v. City of Miami, Office of the Judge of Compensation Claims, Case Number ERA (WAJ): The claimant is a Waste Equipment Operator for the Solid Waste Department of the City of Miami since On or about July 11, 2014, the claimant was injured on-the-job when he slipped and fell landing on his left hand. The accident was accepted as compensable and workers' compensation benefits have been provided. On or about May 8, 2017, the claimant filed a petition for benefits for medical care as well as attorney's fees, costs, penalties and interest. The City is represented by the Office of the City Attorney and took the position that nothing claimed had been previously denied, therefore the petition was not filed in good faith. The Judge of Compensation Claims set a final hearing to take place on November 16, Prior to final hearing, claimant's counsel filed a notice of resolution acknowledging there were no issues. RESOLUTION OF WORKERS COMPENSATION CLAIM: Michael K. Williams v. City of Miami, Office of the Judge of Compensation Claims, Case Number ERA (WAJ): The claimant is a Waste Equipment Operator for the Solid Waste Department of the City of Miami since On or about July 27, 2015, the claimant was injured on-the-job when he was involved in an automobile collision resulting in low back complaints. The accident was accepted as compensable and workers' compensation benefits have been provided. On or about May 8, 2017, the claimant filed a petition for benefits for medical care as well as attorney's fees, costs, penalties and interest. The City is represented by the Office of the City Attorney and took the position that nothing claimed had been previously denied, therefore the petition was not filed in good faith. The Judge of Compensation Claims set a final hearing to take place on November 16, Prior to final hearing, claimant's counsel filed a notice of resolution acknowledging there were no issues. COLLECTIONS IN OCTOBER 2017 $66, IN OUTSTANDING LIENS, FEES, & ASSESSMENTS COLLECTED: The City Attorney s Office was tasked with the collection of unsafe structure liens and lot clearing liens in Since 2012, this Office s collection efforts have expanded to include the collection of all liens, fees, and assessments imposed on all properties, including properties that are the subjects of foreclosure actions, tax deed sales, bankruptcy proceedings, or various other actions or proceedings before judicial or quasi-judicial bodies. The City Attorney s Office sent letters to the owners of record and their registered agents, if applicable, and threatened to pursue any and all legal remedies available to the City of Miami if the liens, fees, or assessments were not paid. During the month of Page 3 of 14

4 October 2017, the owners of the following properties paid outstanding liens, fees, or assessments in the amounts indicated which totaled $66,131.26: 3506 ROYAL PALM AV $2, NW 64 AV $4, NW 4 CT $7, NW 17 AV $1, N MIAMI AV $1, N MIAMI AV $2, NE 83 ST $2, NW 1 CT $3, SW 22 AV $ SW 12 ST $ NW 55 ST $ NW 23 ST $1, KUMQUAT AV $1, SW 22 AV $2, NW 1 PL $5, NW 65 ST $5, NW 55 ST $1, NW 22 ST $5, NW 28 ST $1, NW 71 ST $1, NW 72 ST $ Page 4 of 14

5 1785 NW 50 ST $ NW 9 AV $1, SW 22 TER $7, NE 1 AV $ BRAGANZA AV $ SW 27 ST $ NW 42 ST $2, NW 58 ST $1, NW 7 ST $ NE 26 TER $ COLLECTIONS IN NOVEMBER 2017 $134, IN OUTSTANDING LIENS, FEES, & ASSESSMENTS COLLECTED: The City Attorney s Office was tasked with the collection of unsafe structure liens and lot clearing liens in Since 2012, this Office s collection efforts have expanded to include the collection of all liens, fees, and assessments imposed on all properties, including properties that are the subjects of foreclosure actions, tax deed sales, bankruptcy proceedings, or various other actions or proceedings before judicial or quasi-judicial bodies. The City Attorney s Office sent letters to the owners of record and their registered agents, if applicable, and threatened to pursue any and all legal remedies available to the City of Miami if the liens, fees, or assessments were not paid. During the month of November 2017, the owners of the following properties paid outstanding liens, fees, or assessments in the amounts indicated which totaled $134, NW 60 ST $25, Bay Heights DR $21, NW 34 ST $13, THOMAS AV $11, SW 19 TER $10, WILLIAM AV $6, Page 5 of 14

6 7618 N MIAMI AV $2, NW 6 ST $1, SW 66 AV $1, NE 2 AV $1, NW 28 AV $1, SW 8 ST $ NW 41 ST $ NW 32 ST $ NW 60 ST $ NW 47 ST $ SW 22 AV $ SW 12 ST $ NE 53 ST $ SW 51 AV $ NW 66 ST $ SW 18 AV $3, NE 50 ST $1, NE 55 ST $10, NW 59 ST $8, NW 59 ST $1, NW 40 ST $ NW 17 AV $3, Page 6 of 14

7 912 NW 63 ST $ NW 60 ST $ SW 23 AV $ NW 17 AV $ NW 60 ST $ NE ST $1, NW 62 ST $ Violation(s) Ticket Lien(s) 3033 NW 8 AV $ Violation(s) Ticket Lien(s) 6550 NE 4 CT $ Violation(s) Ticket Lien(s) 1190 NW 67 ST $ Violation(s) Ticket Lien(s) 3101 SW 10 ST $75.00 Violation(s) Ticket Lien(s) 1351 NW 16 ST $50.00 Violation(s) Ticket Lien(s) Total Collected to-date for Fiscal Year $201, October 2017 $66, November 2017 $134, Total Collected by the City Attorney s Office Since 2012 $5,473, NEW CASES OPENED IN OCTOBER & NOVEMBER CLAIM FOR INJUNCTIVE RELIEF (ELECTIONS MATTER): Denise Galvez Turros v. City of Miami, et al., Miami-Dade County Circuit Court, Case No (JAG): In this suit, plaintiff filed a claim for injunctive relief, seeking to have the ballot for the City of Miami District 4 Commission election to be withdrawn and replaced with a ballot in which the plaintiff s name was listed first, rather than last. Plaintiff asserted that her name should be alphabetized using a G 1 During the months of October and November 2017, nine (9) foreclosure matters, three (3) bankruptcy matters, and nine (9) civil service matters were opened by this Office. Those matters are not included in this report. If you wish to be briefed on any or all of these additional matters, a meeting will be coordinated at your convenience. Page 7 of 14

8 for Galvez, rather than a T for Turros. Plaintiff filed an emergency motion for injunctive relief, which was denied by the court. DECLARATORY AND INJUNTIVE RELIEF ACTION (AIRPORT LICENSE, WATSON ISLAND): Chalks Airline, Inc. v. City of Miami, Miami-Dade County Circuit Court, Case No CA (01) (CAG): Plaintiff operates a seaplane airport on Watson Island pursuant to a sublease agreement with the Miami Sports and Exhibition Authority (MSEA). Linden Services, Corp., d/b/a Watson Island Heliport Corp., has a separate sublease with MSEA to construct and operate an adjacent heliport facility on Watson Island. Plaintiff seeks declaratory relief in this action to determine its status as the sole airport operator of the Miami Seaplane Base which holds an FDOT license to operate an airport. Plaintiff alleges it has the exclusive right to make use of the license granted by FDOT for the Miami Seaplane Base, and that the close proximity of the heliport poses a public safety risk to seaplane operations on the island. The City has applied for, but not yet obtained, a separate license for the heliport facility. Plaintiff alleges the City's administration misrepresented the location of the adjacent heliport in its application for a license with the FDOT by indicating it was part of the Miami Seaplane Base. Plaintiff further alleges the City failed to give it proper notice of the heliport's license application. The Plaintiff seeks injunctive relief requiring the City to correct any misrepresentations about the heliport which were made to FDOT and the FAA in license applications and the notice of proposed construction or alteration of airport. Plaintiff has not named MSEA or Linden Services Corp. as parties to this action. APPEAL OF PERC ORDER ON MERITS OF UNFAIR LABOR PRACTICE CHARGE: City of Miami v. Headley, Third District Court of Appeal, Case No. 3D (JAG/KRJ/ Outside Counsel): Upon remand from First District Court of Appeal, the Public Employees Relations Commission (PERC) adopted the recommended order of the hearing officer and found inter alia that the remedy was to reinstate the status quo ante as of September 29, PERC directed the hearing officer to open a backpay case. The City has filed an appeal. CONSTITUTIONAL CHALLENGE (NOISE ORDINANCE): 50 NE 11th Street LLC, and Golden Owl Entertainment, LLC d/b/a Heart Nightclub v. City of Miami, Miami-Dade County Circuit Court, Case No CA-09 (KLM): Plaintiff, a nightclub in the City s Entertainment Specialty District, brings this constitutional challenge to the City s noise ordinance, portions of which it alleges have been improperly applied to businesses. CIVIL RIGHTS CLAIM (EXCESSIVE FORCE): Brian White v. Andrew Mesa, Jose Pina, John Doe, Tomas Regalado and the City of Miami, United States District Court, Southern District of Florida, Case No. 17-cv UU (HJH): This is an action Brian White has sued the City, former Mayor and two officers for excessive force under state and federal law. Plaintiff claims that he was a passenger in a vehicle that fled from the police on July 2, He claims that after the vehicle he was in came to a stop at a dead end, he was assaulted by officers resulting in physical injuries. CIVIL RIGHTS CLAIM (POLICE MATTER): Joseph Pirela v. Ileana Ros-Lehtinen, et al., United States District Court, Eastern District of North Carolina, Case No. 17-cv-541 (FLA): The Plaintiff, pro se, filed a complaint against the City of Miami and numerous other individuals and entities for political prosecution and discrimination, and human rights. Page 8 of 14

9 BREACH OF CONTRACT CLAIM (LABOR MATTER): Hernandez and Maura v. City of Miami, et al., Miami-Dade County Circuit Court, Case. No (KRJ): The plaintiffs (retired police officers) allege that they were misinformed about their pension benefits and were misled into entering the DROP prematurely. They are filing based on breach of contract and breach of covenant of good faith and fair dealing. UNSAFE STRUCTURE MATTER: City of Miami v. 946 Holdings, LLC, Miami-Dade County Circuit, Case No. pending (ANF/RGD): The property located at 946 SW 4th Street is a three-story apartment building that suffers from significant structural damage and has been deemed unsafe by the City s Unsafe Structures Panel. The building is ready to be demolished. The City will be petitioning the court to order the property owner to remove the occupants of the building so that it may proceed with the demolition. It is unknown how many people currently reside in the structure. NEGLIGENCE CLAIM (MOTOR VEHICLE ACCIDENT): Vilsaint, Sherice v. City of Miami, City of Miami Police Department, & Jeffrey Marcano, Miami-Dade County Circuit Court, Case No CA-15 (JTM): The Plaintiff has filed suit against the City, Police Department, and Officer Marcano alleging that on July 14, 2016, at North Miami Ave. and NW 54th St., Officer Marcano negligently ran a red light while acting within the scope of his employment causing his vehicle to collide with the Plaintiff's vehicle. The Plaintiff alleges she was injured and her car was totaled as a result of the collision. NEGLIGENCE CLAIM (MOTOR VEHICLE ACCIDENT): Everling Del Carmen Cubillos Bernales v. City of Miami, Miami-Dade County Circuit Court, Case No CA (27) (DAH): In this case, Plaintiff alleges that on September 6, 2013, the car that she was operating, as the sole occupant, was struck by a marked City of Miami Police car operated by on-duty City of Miami Police Officer Tammy Capaz at the intersection of SW 5th Avenue and SW 7th Street, Miami, Florida. Plaintiff alleges that she was injured due to the negligence of the City of Miami. NEGLIGENCE CLAIM (MOTOR VEHICLE ACCIDENT): Melanie Williams & Dwain Sanders v. City of Miami, Miami-Dade County Circuit Court, Case No CA 01 (RSO): The Plaintiff alleges that on January 27, 2017, she was involved in a motor vehicle accident with a City of Miami Police vehicle operated by City Police Officer Stefanie Morfa at or near the intersection of NW 18th Avenue and NW 53rd Street in Miami. The Plaintiff further alleges she was injured due to the negligence of the City driver. Plaintiff, Dwain Sanders, was a passenger in the vehicle operated by Melanie Williams and also alleges he was injured due to the negligence of the City driver. NEGLIGENCE CLAIM (MOTOR VEHICLE ACCIDENT): Kristin Long v. City of Miami, Miami-Dade County Circuit Court, Case No CA-01 (CHG): Plaintiff Kristin Long sued the City of Miami alleging that on October 27, 2015, she was involved in a motor vehicle accident with a City of Miami police vehicle operated by Officer Michael Warner, at or near NW 13th Avenue and NW 54 Street. Plaintiff further alleges she sustained bodily injuries and pain and suffering as a result of the accident. NEGLIGENCE CLAIM (MOTOR VEHICLE ACCIDENT): Crihstabel Tavarez v. City of Miami, Miami-Dade County Circuit Court, Case No CA-01 (CHG): Plaintiff Crihstabel Tavarez alleges that on or about December 10, 2016, she was involved in a motor vehicle accident with City of Miami Police Officer Morayma Madan at or near NE 1st Avenue Page 9 of 14

10 and NE 6th Street. Plaintiff alleges that Officer Madan negligently operated the vehicle owned by Defendant City of Miami. As a direct and proximate cause of said accident, she alleges she suffered permanent and/or continuing bodily injuries. NEGLIGENCE CLAIM (MOTOR VEHICLE ACCIDENT): Jean Alabre v. Aiesha Fortune and City of Miami Police Department, Miami-Dade County Circuit Court, Case No CA-01 (09) (DAH): Plaintiff alleges that on November 8, 2016, he was struck by Police Officer Aiesha Fortune while riding his bicycle at the intersection of N.W. 7th Avenue and N.W. 29th Street in the City of Miami. Plaintiff claims that as a result of the negligence he suffered bodily injury, medical expenses, lost wages and other damages. NEGLIGENCE CLAIM (TRIP AND FALL): Donald Spina v. Sumitomo Corporation of Americas, Jones Lang Lasalle America, Inc., Thomas Matese, and City of Miami and Miami-Dade County, Miami-Dade County Circuit Court, Case No CA 01 (27) (DAH): In this case, Plaintiff has filed suit against numerous defendants, including the City of Miami, claiming that he tripped and fell while walking on an ADA handicap ramp leading from the entrance of the building to the sidewalk on June 10, Plaintiff claims that as a result of the negligence he suffered bodily injury, medical expenses, lost wages and other damages. NEGLIGENCE CLAIM (TRIP AND FALL): Letronise Duke v. City of Miami, et al., Miami- Dade County Circuit Court, Case No CA 15 (CHG): Plaintiff alleges that on June 9, 2016, while walking on the sidewalk located at or near NW 56th Street between 30th and 31st Avenue, she fell into a "deep hole". Plaintiff alleges that she sustained bodily injuries which were a direct and proximate cause of the City of Miami's negligence for its failure to inspect, maintain and/or repair said sidewalk. NEGLIGENCE CLAIM (TRIP AND FALL): Matta, Teresa Maythe v. City of Miami, Miami- Dade County Circuit Court, Case No (JTM): The Plaintiff has filed suit against the City alleging that she tripped and fell on an uneven sidewalk located at W. Flagler St. and SE 2nd Ave. on March 4, The Plaintiff alleges the City negligently maintained the sidewalk and negligently trained and supervised its employees and/or contractors regarding the sidewalk s maintenance. The Plaintiff alleges she was injured as a result of the fall. NEGLIGENCE CLAIM (TRIP AND FALL): Chanta Brown v. Miami-Dade County, Florida Department of Transportation, and City of Miami, Miami-Dade County Circuit Court, Case No CA-01 (32) (DAH): Plaintiff alleges that on November 8, 2016, she tripped and fell over a hole in roadway at S.W. 114th Avenue and 189th Street in Miami-Dade County. Plaintiff claims that as a result of the negligence she suffered bodily injury, medical expenses, lost wages and other damages. The City will be moving for summary judgment based on the fact that the location of the accident is not within the City. NEGLIGENCE CLAIM: Isabel Rubio (on behalf of I.W., a Minor) v. City of Miami, Miami- Dade County Circuit Court, Case No CA-01 (04) (DAH): Plaintiff alleges that on November 26, 2013, her minor child fell into a pothole while riding his scooter on the property at 1878 N.W. Flagler Terrace, Miami. Plaintiff claims that as a result of the negligence the minor child suffered bodily injury, medical expenses, and other damages. Page 10 of 14

11 WORKERS COMPENSATION CLAIM: Andre Fisher v. City of Miami, Office of the Judge of Compensation Claims, Case No SMS (WAJ): The claimant is an employee of the City of Miami Department of Solid Waste who alleged he was injured on the job on August 17, 2017 while riding on the side ladder of a City vehicle. The accident was accepted as compensable and workers compensation benefits have been paid. Workers' compensation treatment and care has been authorized. On October 11, 2017, the claimant filed a petition for benefits seeking additional medical and indemnity benefits together with attorney's fees, costs, penalties, and interest. WORKERS COMPENSATION CLAIM: Stefanie Infante-Ewing v. City of Miami, Office of the Judge of Compensation Claims, Case No WJH (WAJ): The claimant is a Clerk Typist hired by the City of Miami on or about January The claimant claims that due to repetitive trauma she experienced an injury to her right upper extremity on or about March 23, The City of Miami is investigating the compensability of this matter. The claimant has consulted counsel who filed a Petition for Benefits on or about October 11, 2017 seeking payment of medical bills, indemnity, a determination of the compensability of the condition, attorney's fees, costs, penalties and interest. WORKERS COMPENSATION CLAIM: Djimy Joseph v. City of Miami, Office of the Judge of Compensation Claims, Case No MGK (WAJ): The claimant is a police officer for City of Miami since July 16, He alleged injuries as a consequence of a motor vehicle collision which occurred on the job on September 18, 2017 when his police cruiser was struck in the rear by a third party. The accident and resulting known injuries were accepted as compensable. On October 10, 2017, the claimant filed a petition for benefits seeking medical benefits, penalties, interests, costs, and attorney's fees as well as a determination of compensability. WORKERS COMPENSATION CLAIM: Paul Gibbs v. City of Miami, Office of the Judge of Compensation Claims, Case No ERA (WAJ): The claimant is a City of Miami firefighter who claims he was injured on or about January 31, 2016 when he fell backwards over a piece of equipment and suffered low back pain. The accident was accepted as compensable and benefits have been paid. The claimant has filed three petitions for benefits seeking various medical and indemnity benefits as well as penalties, interest, cost and attorney's fees. The claimant has ultimately acknowledged that the benefits have been provided but still reserves the right to seek attorney's fees and costs against the City of Miami. WORKERS COMPENSATION CLAIM: Norbert Bondarenko v. City of Miami, Office of the Judge of Compensation Claims, Case No SMS (WAJ): The claimant is a police sergeant who was hired by the City of Miami on or about November 11, On October 6, 2014, he reported that he twisted his left knee while setting up a perimeter while on the job. The accident was accepted as compensable. The claimant filed a Petition for Benefits on November 6, 2017, seeking additional indemnity benefits, penalties, interest, costs and attorney s fees. The City did issue a payment for additional indemnity benefits, penalties and interest but takes the position that attorney s fees are not due as the payments were issued within the grace period. WORKERS COMPENSATION CLAIM: Kingston Smith v. City of Miami, Office of the Judge of Compensation Claims, Case No MIJ (WAJ): The claimant is a Recreational Aide I hired by the City of Miami on or about May 14, 2013 and injured on the job on March 2, 2017 when he was punched in the face by a third party. He claimed injuries and the City of Miami accepted compensability and paid workers' compensation benefits. On November 20, 2017, the Page 11 of 14

12 claimant by and through his attorney, filed a petition for benefits seeking indemnity and medical benefits as well as attorney's fees, costs, penalties and interest. WORKERS COMPENSATION CLAIM: Bria Renna v. City of Miami, Office of the Judge of Compensation Claims, Case No SMS (RSO): Claimant was a 16-year-old Summer Program Counselor for Parks and Recreation. On August 8, 2017, while supervising kids at a roller-skating facility, Claimant fell and fractured her right ankle. AMERICANS WITH DISABILITIES ACT CLAIM: Juan Carlos Gil v. City of Miami, United States District Court, Southern District of Florida, Case No. 17-cv JLK (HJH): This is an action brought by Juan Carlos Gil, a visually impaired resident of Miami, alleging violation of the Americans with Disabilities Act. Mr. Gil claims that he has unsuccessfully attempted to access documents on the City of Miami website with his visual reading scanner. He claims that numerous documents stored online are in a nonreadable pdf format and therefor in violation of the ADA. CASES SET FOR TRIAL, HEARING, AND ORAL ARGUMENT IN NOVEMBER AND DECEMBER 2017 APPELLATE ORAL ARGUMENT LABOR MATTER: City of Miami v. FOP Lodge #20, Ortiz, Javier and Lugo, Edward, Third District Court of Appeal, Case No. 3D (FLA): An arbitration arose out of Lieutenant Javier Ortiz and Sergeant Edward Lugo filing a grievance alleging that the City violated the applicable Collective Bargaining Agreement (the "Agreement") by precluding them from working an extra duty job at the Ultra Music Festival in 2014 and Throughout the proceeding the City argued that the officers' claims were not arbitrable because working extra duty for a specific event, such as Ultra, was not a subject covered by the Agreement. Nevertheless, the Arbitrator concluded that he did have authority to consider this issue and entered an award sustaining the grievances. The City filed a motion in the circuit court seeking to vacate the arbitration award on the grounds that the Arbitrator exceeded his authority under the Agreement. The circuit court entered an order denying the motion and confirming the arbitration award. The City appealed that order. Oral argument was scheduled before a panel of the Third District Court of Appeal on November 7, We are awaiting a decision. APPELLATE ORAL ARGUMENT LABOR MATTER (PROMOTIONAL EXAM CHALLENGE): City of Miami v. Cesar Alas, et al., Third District Court of Appeal, Case No. 3D (KLM): In the underlying lawsuit, the Fraternal Order of Police (FOP), as well as eight individual plaintiffs, challenge the 1994 police sergeant's examination, and seek promotions retroactive to 1994, with back pay and emoluments. The trial judge bifurcated the action to first address only liability. The liability phase of this case was tried in a week-long trial ending March 6, 2007, and the judge ruled the exam did not comply with the Civil Service Rules. The parties are now in the damages phase. The Court had previously ruled in the City's favor regarding the identity of the plaintiffs and found that FOP did not have standing in its associational capacity to collect monetary damages on behalf of its individual members. On July 8, 2016, the court entered a final judgment in favor of FOP, awarding only the declaratory relief FOP had already been awarded during the liability phase-a declaration that the test was flawed, but finding that FOP lacked standing to seek any monetary or injunctive relief. This judgment had concluded the matter with respect to FOP (which had previously asserted that it represented a group of approximately 140 officers), and presently leaves only the eight (8) individual plaintiffs as the matter proceeds through Page 12 of 14

13 the damages phase. The FOP has taken an appeal of the Court's decision to the Third District Court of Appeal. Subsequently, a number of potential intervenors who were previously part of the FOP group have filed motions to intervene in the matter individually. The trial court granted those motions earlier this year, allowing these individual union members to intervene in the damages phase of the trial. Following intervention, the City filed a motion for reconsideration of the order granting intervention and motions to dismiss the new intervenor complaints. The City asserted that the intervenors claims were barred by the doctrine of res judicata, because the FOP, in its associational standing, had already taken the same claims on behalf of these individual members to a final judgment which is not on appeal. The City also argued that because these individuals were part of the FOP group that is presently appealing that final judgment, the trial court lacked jurisdiction over the intervenors. Following a hearing, the trial court denied all of the City s motions. The City has now filed this petition for writ of prohibition to the Third District Court of Appeal, because the City maintains that the trial court does not have jurisdiction over the intervenors during the pendency of the FOP appeal. Following full briefing, the matter was scheduled for oral argument before the Third District Court of Appeal on November 13, We are awaiting a decision. TRIAL - STATE WHISTLEBLOWER CLAIM: Victor Igwe v. City of Miami, Miami-Dade County Circuit Court, Case No CA-05 (KRJ/BD): Victor Igwe, the former Independent Auditor General of the City of Miami, brought a whistleblower claim under Florida law, alleging that his contract was not renewed because he issued certain audit reports revealing accounting irregularities in the City s finances and subsequently participating in an investigation of the City by the Securities and Exchange Commission. Plaintiff sought money damages, reinstatement or front pay, attorney's fees and litigation expenses. On March 5, 2015, the trial court granted the City of Miami's Motion for Final Summary Judgment and subsequently entered Final Judgment for The City of Miami. Igwe appealed. Following briefing and oral argument, on October 13, 2016, the appellate court issued an opinion reversing the trial court s judgment. The trial on remand is scheduled for a three-week trial period commencing December 11, HEARING ON MOTION TO DISMISS MOTION TO VACATE ARBITRATION AWARD (LABOR MATTER): City of Miami v. Adrian Rodriguez, Miami Dade County Circuit Court, Case No (FLA): The FOP filed a grievance on behalf of former police officer Adrian Rodriguez, challenging his termination as being without sufficient cause under Article 4 of the Collective Bargaining Agreement. The City terminated Rodriguez because of his failure to cooperate in an open criminal investigation regarding a robbery/murder that he witnessed prior to becoming a police officer. The grievance was heard by an arbitrator who ruled that the City improperly terminated Rodriguez based on the Fifth Amendment and reinstated Rodriguez with no backpay. The FOP filed a motion to dismiss alleging that the City s motion to vacate the arbitration award was not timely filed. A hearing on the motion to dismiss was scheduled for November 6, We are awaiting a ruling by the trial court. HEARING ON MOTION TO DISMISS PUBLIC RECORDS MATTER: Stern v. City of Miami, et al., Miami Dade County Circuit Court, Case No CA 15 (DAH/FLA): The Plaintiff seeks declaratory and injunctive relief for alleged violations of: (1) the public records act; (2) the sunshine law; and (3) the Miami-Dade County Bill of Rights and section 52 of the City Charter. Specifically, the plaintiff alleges that he did not receive a response to public records requests he made from October 24, 2014 to November 21, 2014 pertaining to the Walmart Page 13 of 14

14 development at 3055 N. Miami Avenue. A hearing on the Defendants motion to dismiss was scheduled for November 3, The trial court ultimately denied the motion. Page 14 of 14