IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR

BROWARD COUNTY
TIMOTHY "CHAZ" STEVENS,
an individual,
Plaintiff,
vs.
THE CITY OF DEERFIELD BEACH,
a municipal corporation, and
JEAN M. ROBB, in her capacity as
Mayor of Deerfield Beach, and
Individually,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - ~
Case No: CAGE 13-024010
DIV: 18
DEFENDANTS' CONSOLIDATED MOTION TO STRIKE FOR SHAM
AND MOTION TO DISMISS
I. Motion to Strike for Sham
Defendants, THE CITY OF DEERFIELD BEACH (hereinafter "the City") and
JEAN M. ROBB (hereinafter "Robb"), by and through undersigned counsel, move to
strike the Complaint of Plaintiff, Timothy "Chaz" Stevens, filed in this cause on the basis
that it is a sham and in support thereof would show unto the Court as follows:
1. Count I of Plaintiffs Complaint purports to be an action under Chapter
119, Florida Statutes. Plaintiff alleges that the Defendants have failed to comply with
public records requests propounded by Plaintiff on August 8, 2013.
2. Plaintiff alleges in paragraph 14 of his Complaint that this public records
request asked that the City produce: "Copies of Mayor You People's emails, from July 1,
2013 to present, including any city business emails sent via personal accounts."
1
-
3. Plaintiff complains that the Defendants did not comply with this request for
public records.
4. The City would show that it has produced all of the records which were
requested by Plaintiff.
5. Moreover, the City would show that 10 days before this suit was filed, and
after several email exchanges had occurred between Plaintiff and the City, the City
prepared for Plaintiff copies of all emails from both the Mayor's City email address as
well as from her private email address for the relevant time frame.
6. Plaintiff was sent an email by the Clerk's office on October 21, 2013
advising him to pick up the materials. Plaintiff never responded to this request and he
never picked up the materials. Rather, on October 31, Plaintiff filed the instant lawsuit
alleging that the Defendants failed to comply with his public records request.
Meanwhile, the public records which he had requested have sat at the City Clerk's office
since October 21, 2013 waiting to be picked up. Those documents are still in the Clerk's
office as of this date.
WHEREFORE, the City and Robb move to strike Plaintiffs Complaint as sham
pursuant to Fla. R. Civ. P. 1.150(a).
II. Motion to Dismiss
Defendants, the City and Robb, by and through undersigned counsel, move to
dismiss Counts II and Ill of the Complaint of Plaintiff, Timothy "Chaz" Stevens, filed in
this cause on the basis that they fail to state a cause of action and in support thereof
would show unto the Court as follows:
2
1. Count II fails to state a cause of action for equitable or any other sort of
relief.
2. Count Ill of Plaintiff's Complaint alleges a violation of Florida Statues
286.011. However, nowhere in the Complaint does Plaintiff allege by name or
description the identity of the other City official with whom Defendant Robb allegedly
violated the Sunshine Law.
3. It is well established that in order to state a cause of action under Florida
Statutes 286.011, the Plaintiff must allege by name or by other sufficient description
the identity of the public official with whom the Defendant public official is alleged to
have violated the Sunshine Law. The Complaint in this cause fails to comply with this
requirement and Count Ill should be dismissed.
WHEREFORE, the City and Robb seek an order dismissing Counts II and Ill of
Plaintiff's Complaint for failure to state a cause of action.
Dated 2013.
Respectfully submitted,
LAW OFFICE OF STUART R. MICHELSON
Attorneys for Defendant
800 Southeast Third Avenue, Fourth Floor
Fort Lauderdale, FL 33316
Telephone: (954) 463-6100
Facsimile: (954) 463-5599
E-Mail : smichelson@smichelsonlaw.com

Stuart R. Michelson
Fla. Bar No. 286982
3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing was sent via e-mail this d y
of November, 2013 to: DAVID A. FRANKEL, ESQ. : davidfrankel7@gmail.com
DAVID A. FRANKEL, ESQ.
Florida Bar No. 7 41779
Law Offices of David A Frankel , P.a.
20 South East Twentieth Street
Fort Lauderdale, Florida 33316
Tele: (954) 557-2244
davidfrankel7 @gmail.com
~
-
Stuart R. Michelson
Fla. Bar No. 286982
SERVICE LIST
4