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IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.

: DIVISION: FRANK DENTON, Plaintiff, vs. MAYOR ALVIN BROWN, in his official capacity, THE CITY OF JACKSONVILLE; and THE JACKSONVILLE POLICE AND FIRE PENSION FUND BOARD OF TRUSTEES, Defendants. _________________________________________________/ DEFENDANTS, MAYOR ALVIN BROWN AND THE CITY OF JACKSONVILLE’S, MOTION FOR SANCTIONS PURSUANT TO SECTION 57.105, FLORIDA STATUTES Defendants, Mayor Alvin Brown and the City of Jacksonville (collectively, “the City”), by and through undersigned counsel and pursuant to Section 57.105, Florida Statutes, and Rule 1.150, Florida Rules of Civil Procedure, move for an order awarding the City reasonable attorneys’ fees and costs in connection with this case. Plaintiff’s Complaint is frivolous in that it fails to articulate a factual or legal basis upon which this Court may grant Plaintiff any relief, for each of the following reasons. 1. The Complaint in this action seeks to invalidate an order in in Randall Wyse et al. 16-2013-CA-5799 CV-H

v. City of Jacksonville and Jacksonville Police and Fire Pension Trustees, Case No. 3:13-cv121-J-34MCR (U. S. District Court, M.D. Fla.) (the “Federal Litigation”), in which the United States District Court referred that case to mediation. (Doc. 21 of the Federal Litigation).

Plaintiff’s naming Mayor Brown as a separate defendant is both unnecessary and duplicative.405(2) (describing a mediation party’s privilege to “refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications”). or other participant. specifically. Plaintiff and his attorneys knew or should have known. Any action necessary to adopt the terms of the Mediation Settlement Agreement so as to bind the City cannot be taken by the 1 See. Each of these bodies will meet in accordance with the Florida Sunshine Law. upon filing the Complaint. Each of these exhibits makes clear that the Mediation Settlement Agreement is only a recommendation by the parties and that it is subject to approval by the Jacksonville City Council and the Pension Fund Board of Trustees. and count two alleges a violation of Section 447.2. Plaintiff pleads material facts he knows to be untrue in that they are contradicted by the exhibits to the Complaint. Exs. including statements made by any party. E and G.405(1) (noting that “all mediation communications shall be confidential”) and 4.605. 2 . the proposed Mediation Settlement Agreement.. Florida Statutes. Florida Statutes.1 and United States District Court for the Middle District of Florida Local Rule 9. that these “claims” are not supported by applicable law or material facts. attorney. F. the Joint Motion to Approve Mediation Settlement Agreement. respectively). and the proposed legislation approving the terms of the Mediation Settlement Agreement (Compl. namely. 4. Plaintiff is trying to obtain confidential information in violation of Section 44. are privileged in all respects”). 3. In addition. Both counts allege the City violated provisions of Florida’s Sunshine Law by engaging in court-ordered mediation as named parties to the Federal Litigation. 5. as the Mayor is not a proper party. Plaintiff’s Complaint consists of two counts.07(b) (providing that “[a]ll proceedings of the mediation conference. Florida Statutes (the “Mediation Confidentiality and Privilege Act”).401 et seq.011. sections 4. Furthermore. count one alleges a violation of Section 286.

Plaintiff seeks a pronouncement that the 30-year contract is invalid and its terms must be negotiated in the sunshine. 8. The City and Mayor Brown are the same entity.105. By letter dated June 18. Plaintiff mischaracterizes the mediation proceedings as “collective bargaining” in an attempt to divest the federal court of jurisdiction. 7. and the Plaintiff knows or should know this fact. Plaintiff’s Complaint not only asks this Court to answer the same questions. Naming Mayor Brown as a separate defendant is frivolous and only meant to sensationalize the meritless Complaint. 9.Mayor independent of the City of Jacksonville City Council. Plaintiff repeatedly misrepresents that the Mediation Settlement Agreement constituted “official action. Put differently. but also recommends the answers to same. 2013. 10. the Complaint merely is a collateral attack on the federal lawsuit and the federal court’s authority to order mediation. and the Agreement itself states that it is not binding unless it is approved by final decision making bodies – i. The City has incurred and shall continue to incur attorney’s fees in defending against this frivolous and unduly disruptive lawsuit and is entitled to recover its fees pursuant to 3 . It merely calls for signatories to recommend its approval to City Council and the Pension Fund – both of which are subject to the Sunshine Law.. Plaintiff was informed that the City would seek attorney’s fees and costs pursuant to Section 57. Florida Statutes. The Mediation Sett lement Agreement is tentative. Lastly. That is.e. 6. it is obvious that Plaintiff’s claims are not ripe. The Federal Litigation concerns whether a thirty-year contract between the City and the Pension Fund Board is valid and whether the City can force unions to negotiate certain terms incorporated in the contract. the Jacksonville City Council and the Pension Fund Board.” But official action can only be accomplished by final decision makers. in the event the Complaint was not withdrawn. Plaintiff failed to do so within the statute’s “safe harbor” period.

2d 329. the City respectfully requests that this Court enter an order granting this motion. Inc. Alvin Brown and the City of Jacksonville and 4 .com Allen. 420 So. See Grob v. United Business Investments. and stating “[t]here was a complete absence of a justiciable issue.A.. 850 So.” Riley v. Florida 32202 Counsel for Defendants. 0022834 kparde@anblaw. awarding the City its attorney’s fees incurred in defending this action. 0218928 mgrogan@anblaw.. and the applicable statute mandates that attorney fees be assessed against it”). Inc.com Tracey Kort Parde Florida Bar No.105 where there were no justifiable issues of fact or law). Quinlivan v. 330 (Fla. Associates Home Equity Services. 421 West Church Street Suite 430 Jacksonville. 1st DCA 2003). 5th DCA 1982) (affirming fees where party opponent knew facts harmful to its claims. 4th DCA 2005) (affirming trial court’s order granting attorney’s fees pursuant to Section 57. 663 (Fla. WHEREFORE. 2d 661. Michael K. Grogan Florida Bar No. P. the Hon. 912 So.105(1). This Court has inherent authority and “broad discretion to impose sanctions on litigants for their conduct before the court. Norton & Blue. 2d 666 (Fla. Bieuluch. and granting any other relief as the Court deems necessary and appropriate. plaintiff knew it. 2013. Respectfully submitted this ____ day of July.Section 57.

com Attorneys for Plaintiff 5 .gabel@hklaw. Florida 32202 Telephone (904) 630-1837 Facsimile (904) 630-1316 Primary E-mail: CMirando@coj. Alvin Brown and the City of Jacksonville CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July ___. 164593 117 West Duval Street. LLP 50 North Laura Street..net Secondary E-mail: JeanH@coj. Feiser Assistant General Counsel Florida Bar No. Florida 32202 Tel: 904-353-2000 Fax: 904-358-1872 george. Conner Ziggy Williamson Holland & Knight. a true and correct copy of the foregoing was filed with the Clerk of Court via the Florida Courts eFiling Portal and served via electronic and United States Mail to: George D. Esq. Timothy J.net Secondary E-mail: LCenac@coj.net Secondary E-mail: Garelick@coj. 2013.OFFICE OF GENERAL COUNSEL Carol Mirando Assistant General Counsel Florida Bar No. the Hon. Suite 3900 Jacksonville.net Co-Counsel for Defendants. D’Agata Assistant General Counsel Florida Bar No. Jr. Gabel.net Primary E-mail: Dagata@coj.net Primary E-mail: CFeiser@coj. 663891 Craig D. Suite 480 Jacksonville. 069019 David J.

Kaufman.com Attorney for Defendant Jacksonville Police and Fire Pension Board of Trustees _____________________________ Attorney 6 . Jensen & Levinson 10059 Northwest First Court Plantation. Florida 33324 Tel: 954-916-1202 Fax: 954-916-1232 bob@robertdklausner.Robert Klausner. Esq. Klausner.