Cason Enterprises v. Metropolitan Dade County
| Decision Date | 11 August 1998 |
| Docket Number | No. 95-2711-CIV.,95-2711-CIV. |
| Citation | 20 F.Supp.2d 1331 |
| Parties | CASON ENTERPRISES, INC. etc., et al., Plaintiffs, v. METROPOLITAN DADE COUNTY etc., et al., Defendants. |
| Court | U.S. District Court — Southern District of Florida |
Barton Stuart Sacher, Hornsby Sacher Zelman Stanton & Paul, Miami, FL, for Plaintiffs.
Thomas A. Tucker Ronzetti, Dade County Attorney's Office, Miami, FL, for Defendants.
ORDER AFFIRMING MAGISTRATE JUDGE'S REPORT & RECOMMENDATION
THIS CAUSE came before the Court upon (1) Defendant Metropolitan Dade County's Motion for Summary Judgment (DE 66) filed on September 18, 1997; and (2) the individual Defendants' Motion for Summary Judgment (DE 67) filed on September 26, 1997.
THE MATTERS were referred to the Honorable United States Magistrate Judge Ted E. Bandstra for all pretrial matters pursuant to 28 U.S.C. § 636. A Report & Recommendation dated July 24, 1998 has been filed recommending that the aforementioned motions be granted consistent with the report. The Court has conducted a de novo review of the file, has considered the Plaintiffs' objections and is otherwise fully advised in the premises. Accordingly, it is
ORDERED AND ADJUDGED that United States Magistrate Judge Bandstra's Report & Recommendation of July 24, 1998, is hereby RATIFIED, AFFIRMED and APPROVED in its entirety. Therefore, it is
for Summary Judgment (DE 66) filed on September 18, 1997 be GRANTED; and (2) that the individual Defendants' Motion for Summary Judgment (DE 67) filed on September 26, 1997 be GRANTED.
THIS CAUSE came before the Court on (1) Defendant Metropolitan Dade County's Motion for Summary Judgment (D.E.66) filed on September 18, 1997; and (2) the Individual Defendants' Motion for Summary Judgment (D.E.67) filed on September 26, 1997. On December 8, 1995, this cause was referred to United States Magistrate Judge Ted E. Bandstra for all pretrial matters pursuant to 28 U.S.C. § 636. Accordingly, the undersigned conducted a hearing on these motions on May 21, 1998. Having carefully considered these motions, all responses and replies thereto, the evidentiary record in this case, oral argument of counsel and applicable law, the undersigned respectfully recommends:
(a) that Defendant Metropolitan Dade County's Motion for Summary Judgment be GRANTED; and
(b) that the Individual Defendant's Motion for Summary Judgment be GRANTED.
On December 5, 1995, plaintiff, Cason Enterprises, Inc. ("CEI"), attempting to proceed pro se, commenced this action with the filing of a complaint against Miami Dade Water & Sewer Department, a department of Metropolitan Dade County (the "County"), and eight individual defendants (collectively "defendants") seeking compensatory and punitive damages for, inter alia, alleged civil rights violations arising out of a contract entered into between plaintiff and the County. On December 18, 1995, defendants moved to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim.
Thereafter, this Court ordered CEI to obtain counsel. On May 13, 1996, CEI, having obtained counsel, filed its verified amended complaint naming Richard Cason ("Cason"), an African-American and the sole shareholder of CEI as an additional plaintiff. Accordingly, defendants' motion to dismiss the original complaint was denied as moot by Court Order dated May 15, 1996.
The verified amended complaint, like the original complaint, sought damages and other relief against the County and eight of its officers/employees; namely, Victor Monzon Aguirre, Anthony J. Clemente, Gary Fabrikant, David Ruiz, Abe Rodriguez, Robert Ready, Greg Lane and Renaldo Abrahante (collectively "the individual defendants") for alleged violations of plaintiffs' constitutional rights under the Fourteenth Amendment to the United States Constitution and pursuant to 42 U.S.C. §§ 1981 and 1983. In addition, plaintiffs asserted pendent state law claims for breach of contract and tortious interference with a contract. The amended complaint also named Carus Chemical Company ("Carus") as an additional defendant.
On May 29, 1996, defendants moved to dismiss the amended complaint in its entirety for failure to state causes of action upon which relief could be granted pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. Following full briefing, the motion was heard at oral argument before the undersigned on September 6, 1996. As a result, the undersigned issued a Report and Recommendation on October 16, 1996, recommending that defendants' motion to dismiss be granted in its entirety. In so recommending, the undersigned found that plaintiffs had failed to sufficiently allege that the County had adopted a "custom or policy" which deprived plaintiff Cason of his contractual rights, or that a constitutional violation occurred as a direct result of a policy or procedure of the supervising officials sufficient to establish municipal liability under 42 U.S.C. § 1983. The undersigned further found that the claims against the individual defendants should be dismissed because plaintiffs did not allege any actionable act or omission on the part of any of these defendants sufficient to establish a cognizable federal civil rights claim. In view of the foregoing findings, the undersigned also recommended the dismissal of plaintiffs' pendant state law claims.
On October 30, 1996, that Report and Recommendation was adopted by the District Court and this case was dismissed without prejudice. Following a Court ordered status conference, the District Court reconsidered the October 16 Report and Recommendation and reaffirmed its previous ruling that the amended complaint was properly dismissed without prejudice. By Order dated July 31, 1997, the Court granted plaintiffs thirty (30) days leave within which to file a second amended complaint.
On September 2, 1997, plaintiffs filed their verified second amended complaint seeking to recover damages and other relief against Metropolitan Dade County (the "County") and four of its employees, in their official capacities; namely, Victor Monzon-Aguirre,1 Anthony J. Clemente, David Ruiz and Gary Fabrikant (collectively the "individual defendants") for alleged violations of plaintiffs' constitutional rights under the Fourteenth Amendment to the United States Constitution and pursuant to 42 U.S.C. § 1983. In addition, plaintiffs have asserted pendent state law claims for breach of contract and specific performance.
On or about June 15, 1994, the County solicited bids for the purchase of bulk granular potassium permanganate ("GPP"), a substance utilized in waste-water treatment for the purpose of controlling unpleasant and toxic odors and irritants. Sec. Am.Cpt., ¶¶ 14 & 15. The bid proposal required that the material be supplied in shipments of between 40,000 to 50,000 pounds with estimated deliveries every sixty (60) days. The proposal covered a two-year period, approximately July 1, 1994 through June 30, 1996, with an option by the County to renew for an additional one year. Sec. Am.Cpt., ¶ 17, Exhibit A. The County ultimately entered into a contract with CEI, the lowest responsive responsible bidder, for the purchase of GPP with an option by the County to purchase potassium permanganate ("PP") in liquid form. Id., ¶ 25, Exhibits A & B. However, CEI was awarded this contract only after it had contested the County's initial recommendation to award the contract to the second-lowest bidder, Carus Chemical Company.
On November 2, 1994, the County issued a blanket purchase order for GPP to CEI for the period from November 1, 1994 through October 31, 1996, with the provision that deliveries against the purchase order be made at quantities and times as requested by the County. Id, Exhibit C. During the initial six-month period subsequent to the issuance of the purchase order, the County made only a single order of GPP. Id., ¶ 28.
The County contends that it did not place additional orders because it had existing inventories of GPP from a previous supplier. See Declaration of Robert Ready. The County further maintains that during this time period, it experienced mechanical problems with the silo utilized for the automatic mixing of the GPP. As a result, the County could not use bulk dry PP but instead has to use either dry PP in drums or liquid PP. Id. The County then purchased drums of dry PP from another supplier, contending that Cason refused to sell PP in drums. Id., Sec.Am. Cpt., ¶ 36.2 Thereafter, on May 25, 1995, the County purchased 10,000 gallons of the liquid solution and 10,500 pounds of dry free flowing PP in drums from CEI for a total cost of $149,900.00. Am.Cpt., ¶ 38. In exchange, Cason purportedly agreed to waive all claims with respect to the contract and a release was executed which appears to have been signed by Cason. Id.; Ready Depo., pgs. 70-80. Cason maintains that his signature was forged. Am.Cpt., ¶ 38.
Meanwhile, on May 4, 1995, the County ordered 50,000 pounds of dry free flowing PP with delivery scheduled for June 29, 1995. On July 28, 1995, Cason sent a facsimile request for a 45 day extension on its delivery of dry PP in bulk form. See Ready Dec., Ex. G. By facsimile dated August 15, 1995, Ready authorized the extension (until September 11 1995) and requested a quote for dry PP in drums. Id., Exh. H. On August 9, 1995, Greg Lane, an operating specialist in the water and sewer department, requested a quote on liquid PP from Cason. Sec.Am.Cpt., ¶ 40, Exh. I. CEI replied with a quote of $7.50 per gallon. Id., Exh. J. On August 17, 1995, Ready faxed back a response explaining that CEI's price for liquid PP was nearly 17 times the price of dry so that the County was only purchasing dry PP. Id., Exh. L. Ready also noted that Cason declined to offer a proposal for...
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