Filing # 66576547 E-Filed 01/16/2018 01:10:25 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD. COUNTY, FLORIDA CASENO.: 15-009790 (09) JASON MORALES, individually and on Behalf of all those similarly situated, Plaintifts, vs. CITY OF MARGATE, a municipality and DANA WATSON, in his individual and Official capacities as Chief of Police of the City of Margate, Defendants. / ANSWER ON BEHALF OF THE CITY OF MARGATE AS REQUIRED BY THE ORDER DATED DECEMBER 11, 201 ‘The Defendant, CITY OF MARGATE (“CITY”), by and through its undersigned counsel, 4nd in response to Plaintiff JASON MORALES? (“MORALES”) Second Amended ‘Complaint, States the following: 1, Admitted for jurisdictional purposes only, 2, Denied, 3. Denied. 4, It is admitted that Plaintiff seeks relief, but entitlement to relief is denied, JURISDICTION AND VENUE 5. Admitted for jurisdictional purposes only. 1 ‘MeONTOSH SCHWARTZ, PL. {888 SOUTHEAST SRD AVENUE SUITE 201 FORT LAUDERDALE, FL 33316 TELEPHONE (954) 660-9888 FAX (954) 760-05316. Denied. ~ ‘Venue is admitted. FACTS AND MATTERS CONCERNING THE PARTIES PLAINTIFF 8 Denied. 9. Admitted. 10, Itis admitted that 932.709 (7), Fla. Stat, did not exist on September 6, 2013. The remaining allegations contained in paragraph 10 are denied. DEFENDANTS 11. Admitted. 12, Denied. 13, Denied. 14, Denied as phrased. 15, _ Itis admitted that WATSON is sued in his individual capacity and in his official capacity, but any legal basis for these claims are denied. CLASS REPRESENTATION ALLEGATIONS 16-27. All allegations contained in paragraphs 16 through 27 are denied. 28-30. The statutory provisions alleged in paragraphs 28 through 30 are admitted and speak for themselves, but to the extent that they are relief upon as giving any basis for relief, same is denied, 31-41. All allegations contained in paragraphs 31 through 41 are denied. 42-51. No response is required to Paragraphs 42— 51 as a Motion to Dismiss has been filed to all claims against WATSON. 2 MINTOSH SCHWARTZ, PL. §388 SOUTHEAST 3RD AVENUE SUITE 201 PORT LAUDERDALE, FL 33316 TELEPHONE (054) 660-9888 FAX (954) 760953152. No additional response required. 33, The allegation contained in Paragraph 53 is denied. 54. The allegation contained in paragraph 54 is denied. 55. The allegation contained in paragraph 55 is denied, 56. The allegation contained in paragraph 56 is denied. DEMAND FOR TRIAL Defendant, CITY OF MARGATE demands a trial by jury of all issues so triable, WHEREFORE, having fully answered MORALES’ Second Amended Complaint, the CITY OF MARGATE prays that all claims be dismissed with prejudice and the Court should enter an order denying certification as a Class Action. All prayers for relief for monetary and/or injunctive relief should be denied and for such other and further relief as the Court may deem just and proper. 3 MeINTOSH SCHWARTZ, PLL. ‘888 SOUTHEAST 3RD AVENUE SUITE 201 FORT LAUDERDALE, FL. 39316 TELEPHONE (94) 660-9888 FAX (954) 760-9551CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the Defendants City of Margate’s ‘Answer to the Second Amended Complaint was fumished this _l}/{day of January, 2018 with the Florida Courts E-Filing Portal and a true and correct copy of the foregoing was sent via electronic mail on the aforementioned date to: ALL COUNSEL/INDIVIDUALS LISTED ON THE ATTACHED SERVICE LIST, McINTOSH SCHWARTZ, P.L. Attomeys for Defendants 888 Southeast Third Avenue, Suite 201 Fort Lauderdale, Florida 33316 Telephone: (954) 660-9888 Direct: (954) 556-1483, Facsimile: (954) 760-9531 E-mail: rhs@mcintoshschwartz.com ngorey@meintoshschwartz.com BY. heb Ane ROBERT H. SCHWARTZ FLORIDA BAR NO. 0301167 ‘ MoINTOSH SCHWARTZ, PL. {888 SOUTHEAST 3RD AVENUE SUITE 201 FORT LAUDERDALE, FL 33916 TELEPHONE (054) 60.9889 FAX (954) 160.9531‘Morales v. City of Margate and Dana Watson Case No. 15-009790 (07) Service List 500 Southwest Third Avenue Fort Lauderdale, Florida 33315 Telephone: (954) 761-9411 Facsimile: (954) 767-4750 FBN: 475841 Richard Perlini 315 S.E. 7" Street, Suite 300 Fort Lauderdale, Florida 33301 Telephone: (954) 773-5138 Facsimile: (954) 337-0277 FBN: 201782 Email: Richard perlini$] @gmail.com Co-Counsel for Plaintiff 5 MoINTOSH SCHWARTZ, PL. 4888 SOUTHEAST 3RD AVENUE SUITE 201 FORT LAUDERDALE, FL. 33316 TELEPHONE (54) 650888 FAX (958) 760-9531