Filing # 34134291 E-Filed 11/05/2015 04:26:49 PM. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CIVIL DIVISION ANITA NAJTY, an Individual, Plaintiff, Case No,: 2015-023051-CA-01 vs. JAVIER ORTIZ, an Individual, and MIAMI FRATERNAL ORDER OF POLI LODGE NO, 20, INC,, a Florida Non-Profit, Corporation, Defendants. DEFENDANTS’ ANSWER, MOTION TO STRIKE AND AKEIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT Defendants, JAVIER ORTIZ and MIAMI FRATERNAL ORDER OF POLICE, LODGE NO. 20, INC., by and through undersigned counsel and pursuant to Rules 1.110 and 1.140, Florida Rules of Civil Procedure, hereby file this Answer, Motion to Strike and Affirmative Defenses to Plaintiff's Complaint and state as follows: 1. Without knowledge and, therefore, denied. Any allegation not expressly admitted herein is deemed denied. 2. Without knowledge and, therefore, denied. 3. Admitted. 4, Admitied, Admitied. 6. Admitted. 7. Denied. 8. Denied,9. Denied. 10. Denied. 11. Denied. 12. Denied. 13, Denied. 14, Denied. 15. Denied. 16, Denied. 17. Denied, 18, Denied, 19, Denied, 20, Denied. COUNT! Defamation 21. Defendanis re-allege and incorporate their responses to paragraphs 1 through 20 as though fully set forth herein, 22. Denied. 23. Denied. 24, Denied. 25. Denied. 26. Denied. 27. Denied. 28. Denied. 29. Denied.30. Denied. 31. Denied. WHEREFORE Defendants demand judgment in their favor sgainst Plaintiff, inchiding costs and all other such relief as the Court deems just and proper. MOTION TO STRUKE PLAINTIFF'S PRAYER FOR RELIEF Defendants, JAVIER ORTIZ and MIAMI FRATERNAL ORDER OF POLICE, LODGE NO. 20, INC., by and through undersigned counsel and pursuant to Rule 1.140, Florida Rules of Civil Procedure, hereby move o strike Plaintiff's Prayer for Relief. As grounds therefore, Defendants state: 1 In Plaintiff's Complaint, the prayer for relief demands the following: “damages, including compensatory damages, special damages, punitive damages, atlomey’s fees and costs, pre and post-judyment interest, and all other further relief that this Coust deems necessary and proper.” 2. Plaintiff has not made the necessary showing nor obtained court approval for entitlement to demand punitive damages, as required by Florida Statutes Section 768,72. As the third district has noted, Section 768.72 of the Florida Statutes creates a “substantive legal right” not to be subject to a punitive damages claim until the trial court makes a determination that there is a reasonable evidentiary basis for recovery of punitive damages. Simeon, Inc. v. Cox, 671 So. 2d 158, 160 (Fla, 1996); Globe Newspaper Co. v King, 658 So, 2d 518, 519 (Fla, 1995). Thus, section 768.72(1) provides “fiJn any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.” Ross Dress for Less Va, Ine. v. Castro, 134 So, 34 511, $24 la, 3d DCA 2014).3. Additionally, Plaintiff has not cited any statutory or contractual basis upon which she is entitled to recover attomeys’ fees in this matter and, therefore, her demand for attorneys’ fees is improper and should be stricken, WHEREFORE Defendants hereby respectfully request that this Court enter an order striking Plaintiff's demands for punitive damages and attomeys’ fees ftom the Complaint and grant any other relief as the Court deems just and proper. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintif?’s Complaint fails to state a cause of action upon which relief may be granted, SECOND AFFIRMATIVE DEFENSE Defendants assert affirmatively that Plaintiff was, at ell times relevant, a public official or public figure, and that any statements made by Defendants regarding Plaintiff were not made with “actual malice,” but were made for the purpose of addressing a legitimate public concern, THIRD AFFIRMATIVE DEFENSE Defendants assert affirmatively that any statements made by them regarding the Plaintiff were substantially true and made with good motives, FOURTH AFFIRMATIVE DEFENSE, Plaintiff's alleged damages, if any exist, were the result of intervening, superseding or unforeseeable causes for which Defendants cannot be held liable and for which Defendants had no duty to protect Plaintiff. FIFTH AFFIRMATIVE DEFENSE Defendants assert affirmatively that they had qualified privilege to make any statements that were made regarding PlaintiffSIXTH AFFIRMATIVE DEFENSE Defendants assert affirmatively that any allegedly false statements made by Defendants ‘were not statements of fact, but rather statements of pure opinion. SEVENTH APFIRMATIVE DEFENSE If Defendants are liable to Plaintiff, which liability Defendants expressly deny, then Defendants are entitled to a setoff for all settlements/benefits received by Plaintiff. EIGHTH AFFIRMATIVE DEFENSE, Defendants assert affirmatively that any damages relative to physical or emotional injuries allegedly sustained by Plaintiff were caused by pre-existing or unrelated medical conditions, disease, illness or infection and not caused or aggravated by any alleged statements made by these Defendants. NINTH AFFIRMATIVE DEFENSE, Plaintiff failed to mitigate some or all of her damages, if any. RIGHT TO ALLEGE ADDITIONAL DEFENSES Defendants reserve the right to raise any additional Affirmative Defenses as they become known through ongoing discovery in this case. DEMAND FOR JURY TRIAL Defendants demand a trial by jury on all issues so triable as a matter of right. WHEREFORE Defendants demand judgment in their favor against Plaintiff, including costs and all other such relief as the Court deems just and properWE HEREBY CERTIPY that a true and correct copy of the foregoing has been furnished by electronic service this 5, day of November, 2015 to: Robert Newton Harris, Esq., The Harris Law Firm Group, P.A, 201 S. Biscayne Blvd., Suite 2650, Miami, FL, 33131 robe arrislawinfo, IRISTOPHER S. MORIN lorida Bar No. 177600 JENNIFER M, CLARK Florida Bar No. 22434 MURRAY, MORIN & HERMAN, P.A. 10] E. Kennedy Blvd., Suite 1810 Tel: $13.222,1800 Fax: 813.222.1801 Counsel for Defendants