Hand-Pulled Noodle Update: And the Chow Goes On!

Will we ever see an end to the hand-pulled noodle contretemps?

This case has seen some of my favorite lawyers leave (Alan, Lyle), new ones brought in (Curt), yet the Chow goes on.

After next to no activity since March, the parties now want to stretch the noodle even further, asking Judge Hoeveler to continue the pre-trial conference to January 2012!

In the words of the immortal Carol Leifer, whose very funny, very hamisher short-lived WB show was way ahead of its time, Alright Already!!

I have the feeling this case will outlast all the restaurants involved.

Oh well, again with the rain -- stay dry, mespucha!

(Wow, I have officially become my grandparents.)

Marlins Financial Records Fiasco -- "I Just Don't See It" Redux

Much ink has been spilled over the last few days over the shocking discovery -- much to the amazement of several Miami-Dade commissioners -- that apparently the Marlins were doing pretty good financially during the very time they were pleading poverty in order to get our tax dollars spent on their stadium:

``It's all very explainable, because the people we negotiated with at the county and city knew everything, our banks know everything, our partners know everything,'' Samson said.

But in an e-mail exchange Tuesday with The Miami Herald, Miami-Dade spokeswoman Victoria Mallette said the county never saw the Marlins' financial records during the negotiations, although it was not surprised to hear the club made money.

Yet several members of the County Commission, who gave their final approval to the stadium's $500 million city-county funding package in March 2009, have expressed shock at the extent of the Marlins' profitability.

The problem I have with this coverage -- which includes fine Miami Herald columnists Fred Grimm and Greg Cote -- is that none of the articles provided any historical perspective to the numbers at issue.

In particular, Adam Beasley's article quotes from Dave Samson, but makes no effort to press him on contradictory statements and positions in the past taken by Marlins representatives (including Samson himself).  And the reader thus has no ability to judge the present positions against the historical record.

This important historical context is not very hard to locate btw.

In fact, we covered the very question of the Marlins' financial condition when Roberto Martinez went into Judge Escharte's courtroom back in June of 2008 and specifically asked for public disclosure of that information because Dave Samson -- incredibly, in my view -- refused to answer any questions about the topic during his deposition:

The Florida Marlins and Miami-Dade County won a slight victory in court Friday when Circuit Court Judge Pedro Echarte Jr. shot down several attempts to get Marlins President David Samson to disclose the ball club's financial picture.

The two sides are readying for a July 1 court date, with auto dealer Norman Braman contending the $609 million stadium and parking garage plan -- to be built with almost $500 million of public money -- doesn't benefit the public.

On Friday, Braman attorney Bob Martinez tried to get Echarte to compel Samson to answer dozens of questions the Marlins executive had waved off when he was deposed earlier this month.

Echarte shot that down, ruling that almost all of Martinez's questions dealing with club finances weren't relevant to the trial.

When Martinez tried to get Samson to hand over projections of attendance, the judge questioned whether such figures are paramount to the public purpose of a stadium. ''I just don't see it,'' Echarte said.

Both sides will be back in court most of this week setting witness questioning and attempting to narrow the proceedings so the trial doesn't run too long. Echarte said he has vacation plans for most of July.

Here's what I wrote back then:

We've all heard Samson cry and whine on Lebby's show about how badly the Marlins are doing financially without a publicly-financed stadium in the picture, but now he refuses to answers questions at a deposition about this very topic? I guess we're stuck with his mediocre and stunningly pedestrian movie reviews instead.

I also don't get the Judge's ruling if it is based -- as it appears to be -- entirely on relevancy grounds. Something has to be completely way off-base for the entire topic to be excluded from discovery on relevancy grounds. Were there other grounds raised? 

"I just don't see it" indeed.

Lawyers (Allegedly) Behaving Badly.

stucomplaint

I'm still on a high from last night's Bar thingy, so I'm reluctant to wade into these stories, but they are pretty extraordinary.

First, this blockbuster Julie Kay piece (she's the best, right?) involving Fowler White's Lilly Ann Sanchez:

The suit concerns Sanchez’s representation of Rivero, who pleaded guilty in 2008 to misusing $700,000 out of $3 million he was paid by the Miami-Dade Housing Agency to build affordable housing for senior citizens. Rivero admitted diverting public money to build himself a dream house in South Miami and was sentenced to more than a year in prison. He was recently released.

The primary allegation in the civil suit is that Sanchez and her law firm aided Rivero in a scheme to switch copies of a property deed, one that was witnessed and one that was invalid because it was not witnessed. The in-laws claim Rivero promised the deed in exchange for $1 million, but they received the worthless version.

Among the more explosive charges alluded to in the suit are that Sanchez had an affair with Rivero when he was married and he was paying her personal bills, which was “inappropriate to the attorney-client relationship.” Hall represented Rivero’s ex-wife in their divorce.

Roberto says it's all H.R. Pufncrap:

The law firm and Sanchez “acted professionally in full compliance with their ethical and legal obligations. It is unfortunate that a lawyer with a long-standing impeccable reputation must now litigate what has already been admitted by Mr. Aleman under oath in deposition testimony in the other cases: that Fowler White Burnett and Ms. Sanchez were never involved in the preparation of any improper deed or transaction.”

Oh well, that's what they have courts (arbitrators?) for I guess.

Then we have Big Stu, who according to this pleading had a rather unorthodox compensation plan at RRA:

26. The payments made to Rosenfeldt for salary, bonus or other distributions are collectively referred to below as the “Compensation Payments.” The Trustee challenges the reasonableness of these Compensation Payments for each of these years, based upon various factors related to the operation and profitability of law firms and attorney compensation structure. The amounts challenged as being overpayments of compensation for the 4-year period subject to this lawsuit were unreasonable and improper.

27. The fact that significant amounts of alleged bonus or other payments to Rosenfeldt are not related to actual earned compensation ties to the timing of when Rosenfeldt received certain of such payments, and how he thereafter paid out similar amounts of money as political contributions. For example, and demonstrating it was part of a scheme to funnel cash out of RRA to use for political contributions and not to pay legitimate earned income, on May 19, 2008, Rosenfeldt, Russell Adler (“Adler”) and Steven Lippman (“Lippman”) each received an alleged bonus of $140,000 from RRA. On May 28, 2008 Rosenfeldt made a donation of $140,000 to the John McCain presidential campaign. Also on May 28, 2008, Lippman and his wife Marcy, made payments to the same campaign of $65,000 and $60,000 respectively. On June 12, 2008, Adler contributed $80,000 to the McCain campaign and his wife Katie likewise contributed $39,200. Thereafter, and through the balance of 2008 and much of 2009, Rosenfeldt, Adler and Lippman each received periodic alleged compensation payments from RRA and they (and/or their wives) then made a series of political contributions that trace close to receipt of the monies (which was received both before and after the contributions) with similar, if not identical payments then being made to the same candidates or political parties, including the McCain campaign, the Florida Republican Party, the Ohio Republican Party, the Pennsylvania Republican Party, the Missouri Republican Party, the Michigan Republican Party and Governor Charlie Crist. The bonus or other compensation payments that were used to pay for political contributions provided no consideration to RRA and thus, RRA received less than a reasonably equivalent value in exchange for these payments.

28. The second set of payments the Trustee seeks to recover includes reimbursements for personal expenses that improperly benefited both Rosenfeldt and Suzanne Rosenfeldt. During the years 2006 through 2009, on a monthly basis, Rosenfeldt had unfettered personal use of the RRA American Express card. During this time, for his and his wife’s benefit, Rosenfeldt improperly charged to RRA over $1 million in purely personal expenses, including $439,337.45 just from December 3, 2008 through June 18, 2009. Examples of Rosenfeldt’s personal expenses paid by RRA that personally benefitted Rosenfeldt and Suzanne Rosenfeldt include: 72 pieces of jewelry purchased from J.R. Dunn Jewelers, numerous local hotel room charges, furniture for their home, vacations and personal travel, exotic reptiles, home repairs, athletic club charges, men’s and women’s clothing, groceries, charitable contributions, personal meals, general household items and other items (“Personal Expense Payments”). RRA received less than reasonably equivalent value in exchange for these expense reimbursements.

29. The third set of payments the Trustee seeks to recover includes reimbursements for payments made by RRA to Rosenfeldt which were classified in RRA’s financial records as “loans” and are referred to below as the “Rosenfeldt Loans.” These payments were reflected by numerous checks written by RRA to Rosenfeldt from the RRA operating account, often in random dollar amounts. The loan checks were sometimes issued on the same day with a loan check in numbered sequence to another RRA partner, Steven Lippman (“Lippman”). Typically, Rosenfeldt would deposit each check into his personal bank account, then shortly after the deposit by Rosenfeldt of the RRA check, he would write a check out that personal account payable to RRA in an amount less than the check RRA had given him. The Rosenfeldt Loans totaled $8,960,310.75.

30. In some instances, after Rosenfeldt received a check from RRA, and rather than repaying RRA, he wrote the return check to third parties including: (a) at least one check to Kendall Sports Bar on June 19, 2006 in the amount of $61,500, (b) numerous checks to Russell Adler in amounts of $1000 to $5000 referencing “loan.”

Exotic reptiles?

Oy.

Putting aside questions of knowledge etc, what kind of farcockta law firm operates like this?

There's not enough Xanax in South Florida for me to be able to deal with these kinds of crazy allegations.

Judge Moreno Awards Fee Enhancement in MBC Receivership

Remember Judge Moreno's reaction to the requested $11 million MBC fee enhancement request?

It almost caused a judicial heart attack:

“I needed a defibrillator,” he joked. “We’re talking about a lot of money.”

Well the judge must have had a nice herbal tea which settled his nerves, because on Friday he granted most of the request:

In this case, the uniqueness and complexity of the issues required lawyers with substantial skill, expertise, and tenacity, and it is undisputed that the lawyers' excellent representation enhanced the asset pool of funds to be distributed. Under these facts, these great lawyers did make a difference, and they should be compensated at a rate higher than $2 18 or even $264 per hour.

On the other hand, as the Receiver concedes, the Court wrote in WaIco Investments, Inc. v. Thenen, 975 F. Supp. 1468,1472 (S.D. Fla. 1997), that "the presence of a consistently paying client for four years, even at a reduced hourly rate, would warm the heart, let alone the pocketbook, of even the most successful securities litigator." Therefore, the Court must consider the good results obtained as a result of the attorneys' great work, but at a rate less than the $550 to $765 being paid by clients in the free market in South Florida.

Balancing these factors, the Court believes that $450 per hour is a reasonable rate in this case in the Southern District of Florida. At $450 per hour, the total compensation for 18,740 hours should be $8,433,000. The Receiver's motion states that the Receiver's lawyers have already been paid $3,876,081. Thus, the Receiver's lawyers shall be entitled to an additional award of $4,556,919 for its work through April 2009. Moreover, because the 18,740 hours worked by the law firms do not include work past April 2009, the Court will grant attorneys' fees for the work done after April 2009.

Seems like the right call to me.

"Significant Fee Enhancement" Request Almost Causes Judicial Heart Attack

There's been a lot of discussion lately about the bills submitted by receivers and trustees in bankruptcy to compensate lawyers for marshaling up assets.

David notes Vanessa Blum's excellent coverage of the recent hearing before Judge Moreno, where Roberto Martinez argued for an $11 million "enhancement" for his and KTT's work on the MBC receivership.

As reported by Vanessa, the Judge in his usual manner had something funny and charming yet witty to say:

“I needed a defibrillator,” he joked. “We’re talking about a lot of money.”

He's right, but to be fair I pulled the final fee app, which you can review here.

Roberto basically argues that his firm and KTT agreed to discount their rates back in 2004, have not sought any increases during the five years of the receivership, and did incredible work very efficiently which resulted in a big distribution to investors. Accordingly, they ask for 10 percent of what they collected as a bonus, which apparently was an option contemplated in the original fee agreements.

Michael Hanzman, who served as counsel in a related class-action case involving MBC, approves:

“If you want to attract the best and the brightest people to take these cases, you have to pay a reasonable fee,” Hanzman said. “This is not a pro bono case.”

I think the Judge's comments highlight where he is going with this.

However, I wonder whether these firms could have billed at incrementally higher rates over the last five years and possibly recouped a chunk of this bonus back through regular applications to the Court without ever garnering this kind of headline?

Indeed, consider what's going on with our friend Allen Stanford and his receivership, which is just off the ground and has accrued over $36 million in fees -- or $100,000 a day. Not good.

The Judge also referenced the Supreme Court's recent dismay over how much it costs to litigate cases nowadays, though that involved a fee-shifting statutory question not at issue here.

My own take is this is probably not the best case or the best time to make a request like this, and you definitely do not ever want to make Judge Moreno's eyes boggle if you can avoid it.

Let's see what he does with it.

Dean Hausler Continues Effort to Collect Assets From Cuban Government

You may recall the continuing efforts by Roberto Martinez, on behalf of longtime and beloved UM Law School Dean Hausler, to collect on a default judgment against the Cuban government relating to the 1960 torture and death of her brother Bobby Fuller.

The latest twist is a case recently removed and pending before Judge King in which Dean Hausler seeks to garnish funds allegedly retained by Tata Communications, a telecommunications company. Tata is represented by Michael Higer.

You can read the docket here.

Michael's answer (filed in state court before removal) asserts that the plaintiffs bear the burden and have not shown that ETECSA -- the telecommunications provider in Cuba -- is an instrumentality of the Cuban government and, even if it was, his client owes no money to it.

Higer also asserts that this case is entirely different than the Hausler I, the case brought against telephone provider EmtelCuba, in which there was no dispute that EmtelCuba was an agent or instrumentality of the Cuban government, and thus subject to garnishment for a judgment against the Cuban government.

The answer asserts that the extant evidence indicates that ETECSA is owned by Dutch, Italian, Panamanian and Cuban companies and thus would not be an agent or instrumentality of the Cuban government under existing law.

That seems like a tough sell, but who knows?

You can see some wonderful photos of Dean Hausler here.

BREAKING -- Pepe Le Pew Named New US Senator!

So I see everybody is buzzing about that French love-sick skunk being named the new US Senator from Florida.....

Huh? You mean it's not...?

Oops -- apparently the new US Senator is in fact Gunster chairman and former Crist chief of staff George LeMieux.

You can read more about George in his self-styled The Lemieux Report.

Roberto the trial lawyer and I apologize for any confusion.

Is Roberto our next U.S. Senator?

I've not gotten into the local online frenzy over who will be our next caretaker Senator before the election, mostly because I was unaware that Mel Martinez was in fact still a sitting Senator.

Didn't he already retire?

Was he ever actually our Senator?

He is a nice guy with a compelling life story but was kind of a ghost Senator, much as he was a ghost litigator back when he practiced at Akerman.

The only notable thing he accomplished that I can recall was when he leaked that internal memo about how good it was to pump the Schiavo case to death.

Did he do anything else?

Anyway, swlip's friend Beth Reinhard thinks the next caretaker may be none other than Marlin Stadium fighter Roberto Martinez (via Riptide):

Martinez is a Republican but gets good reviews from Democrats like state Sen. Dan Gelber, who worked for Martinez in the early 1990s.

"Bob has got extraordinary character and intelligence and is as current on the issues as anyone I know,'' Gelber said. "He's a good Republican, but more importantly, he's a good American."

Longtime readers know Roberto is a favorite of this blog, so we're happy to possibly see him up there in DC, keeping the seat warm for his friend Charlie.

But Dan, you don't say Roberto is "a good American"; you say he's a "good 'merican"

Gotta get the pronunciation right, buddy.

Fun With New Math!

Boy, February is always a bad time to be at a big firm, what with collection issues, reviews etc. but it's especially bad this year, huh? You can add Mike Casey's Epstein Becker to the list of firms that fired lawyers yesterday:

Here is a summary of jobs lost yesterday:

Bryan Cave: 58 lawyers and 76 staffers

Cozen O’Connor: 61 staffers

Dechert: 19 lawyers

DLA Piper: 80 lawyers and 100 staffers

Epstein Becker & Green: 23 lawyers and 30 staffers

Faegre & Benson: 29 lawyers

Goodwin Procter: 38 lawyers and 36 staffers

Holland & Knight: 70 lawyers and 173 staffers

In other fun math news, I see how the planned expenditure of Miami-Dade taxes to build that spiffy new Marlins stadium will total $1.8 billion over 40 years. That's just what's planned.

This includes a whoppin' planned county bond repayment of $144 million in 2044.

So when this already obsolete stadium is 32 years old, taxpayers will still be shelling out $144 million for construction that occurred more than three decades ago.

Oh no, here's comes another ode to Roberto (sung to the tune of Jenny/8675309):

Roberto, Roberto who can I turn to
You give me something I can hold on to
I know you'll think I'm like the others before
Who saw your lawsuit in front of Judge Cohen
Roberto I've got your number
You need to save our town
Roberto don't change your number
4 7 6-7 4 0 0 (4 7 6-7 4 0 0)
4 7 6-7 4 0 0 (4 7 6-7 4 0 0)

Roberto, Roberto you're the only lawyer for me
You don't know me but you make me so happy
I tried to co-counsel with you before
But I lost my nerve
I tried negotiating with Bruce Greer
But Judge Cohen wouldn't let me
Roberto I've got your number
You need to save this town
Roberto don't change your number
4 7 6-7 4 0 0 (4 7 6-7 4 0 0)
4 7 6-7 4 0 0 (4 7 6-7 4 0 0)

I got it (I got it), I got it
I got your number on my phone
I got it (I got it), I got it
To save our county call
Roberto don't change your number
You need to save this town
Roberto I've got your number
4 7 6-7 4 0 0 (4 7 6-7 4 0 0)
4 7 6-7 4 0 0 (4 7 6-7 4 0 0)

Ain't numbers fun?

I Wish I Knew How to Quit You, Roberto Martinez!

So, how many of you woke up this morning and found out you were a Super Lawyer? Ahhh, that packet is so cute!

I'm shocked -- shocked -- to learn that the County did not negotiate a very good deal to spend hundreds of millions of tax dollars building a new stadium for the Marlins:

''It's probably not the best deal that has ever been worked out between a community and a team,'' Miami-Dade Mayor Carlos Alvarez said after his State of the County speech on Tuesday.

You think?

Just ask this lady, after learning of an additional $56 million slashed from the schools budget, which has already suffered more than $300 million in cuts this year alone:

Linda Cohen, a 55-year-old reading teacher at North Miami Beach Senior High School, said the plan was ``insult to injury.''

''We're not just talking about two days,'' said Cohen, whose home was foreclosed on two weeks ago. ``We're talking about what it's doing to our families all over the county.''

But I bet she's a huge Marlins fan!

Has anyone else noticed the similarities between Dave Samson and David Spade's character from The Coneheads movie? Hard to decide who's more unctuous -- ok, it's a tie.

Interesting fact -- did you know the nude beach at Haulover outdraws the Marlins and Dolphins combined?

Hey, facts are funny things.

Oh Roberto! Roberto Roberto Roberto!! Come save us Roberto!

I'm reminded of that great Rudyard Kipling line from The English Flag:

Ye have but my breath to dare,
Ye have but my waves to conquer. Go forth, for it is there!"

Holy hail Roberto Martinez, go forth, for it is there!

Republican Plaintiff Lawyers Celebrate Crist's Marriage to Real Live Heterosexual Woman!

Howdy folks, so are you on the guest list to the Gov's big "marriage" thingy?

What's that, you won't say?

Oh I get it -- don't ask, don't tell.

Well the Herald leaked a few names anyway -- funny, they all happen to be hotshot Republican plaintiffs' lawyers: Roberto Martinez, Dean Colson, and Paul Huck, Jr., all of Colson Hicks.

Also good guy, former federal law clerk, and current power broker Manny Kadre. That guy gets invited to everything.

Have fun, boys!

Meanwhile, did anyone catch this story in yesterday's NYT on the fledgling "liberal" equivalent to the Federalist Society, something called the American Constitution Society:

When Eric H. Holder Jr. addressed a convention of the American Constitution Society for Law and Policy in June, he urged young lawyers to get involved in the liberal legal network, saying America would soon be “run by progressives.”

“With this new administration that will be taking its place in January of 2009, you know, we are going to be looking for people who share our values,” said Mr. Holder, a member of the society’s board. He added that a “substantial number of those people” would probably be “members of the A.C.S.”

Six months later, Mr. Holder is preparing to take over the Justice Department as President-elect Barack Obama’s choice for attorney general. And the American Constitution Society, founded in 2001 to be a liberal counterweight to the conservative Federalist Society, is rising to power.

Although Mr. Obama has just started to fill the thousands of politically appointed jobs in his administration, the society’s affiliates are already well positioned to shape legal policy, hiring decisions and judicial nominations for years to come. In addition to Mr. Holder, other prominent officials in the new administration who have ties to the society include Lisa Brown, the White House staff secretary; Melody Barnes, who will direct the Domestic Policy Council; and Ronald Klain, chief of staff to Vice President-elect Joseph R. Biden Jr.

Three other society board members are on the transition’s agency review team, and observers expect that the Obama team will turn to society members to fill subcabinet positions and judgeships.

“People who are committed enough to a progressive vision of the law to work for and with A.C.S. when progressives are out of office are going to be a natural resource when the electoral winds shift,” said Orin S. Kerr, a conservative-leaning law professor at George Washington University who has spoken at society events.

But with power comes temptation. Several society leaders said they were mindful that the Bush administration had gotten into trouble by considering applicants’ affiliations with ideological groups like the Federalist Society when hiring for nonpartisan positions.

“That will not be repeated in the Justice Department in the next administration,” vowed Dawn Johnsen, a law professor at Indiana University who is an American Constitution Society board member and co-chairwoman of the transition’s Justice Department review. “I feel like I can say that with confidence.”

While of course I know of the Federalist Society -- how many times do I have to see Richard Thornburgh at the Miami City Club drone on about constitutional protections in the Age of Terror? -- I personally have never heard of the ACS.

Yet apparently there is a South Florida chapter, run by Steve Rosenthal over at the Podhurst firm.

Since it's unlikely Steve will be at the big St. Pete wedding, maybe he can weigh in on what the ACS is doing locally. If it involves Dick Thornburgh and the City Club, count me out.

Yes Virginia, They Still Write Letters.

Yawn....I started to read the letter Roberto Martinez felt compelled to share with Herald readers, but then I got a bit sleepy.....

Tuesday, democracy in America won. It is now time to come together and to give our full support to Barack Obama, a person of extraordinary qualities and skills. He earned and deserved his victory. He has the ability to lead our country effectively and be a successful president.

Zzzzzzzz.....Huh?

Oh yeah, I was reading Roberto's letter. Good points and all, a bit platitudinous but let see what else he has to say:

Regardless of how we voted, the differences in our political views are small. We share common principles and values, and with that common bond we stand together strong.

Ok. I mean, I agree with that, shouldn't everybody?

Boy my eyes are getting tired, let me try to get through this, what else:

It is time to celebrate and to get to work as a united country. I congratulate Obama for his historic victory and thank John McCain for his lifetime of service and sacrifice to our country. We were fortunate to have two exceptional people as presidential candidates. We now have one person who will be president -- for all of us. He deserves our full support.

Oh man, Roberto. If you're going to write the Herald, you need to punch it up a little. You have to consider that your letter will appear right next to this sweet woman who thinks America has been cursed by God for electing Barack Obama.

See, now that's the sense of drama and blinding stupidity that Herald letter editors love.

Smoke and Mirrors?

Reports are dribbling in regarding the Marlins case currently being tried before Judge Cohen. I've heard that Bob has been a bit scattershot but is improving, and that Sandy is playing to a nonexistent jury. Oy.

This report of yesterday's proceedings gave me a chuckle:

After a brief appearance by Jim Villacorta, executive director of Miami's Community Redevelopment Agencies, University of South Florida economics professor and author Philip Porter took the stand as a witness for Braman.

Porter detailed how studies he's conducted show the limited impact that sports facilities have on the public -- disputing the county's contention that a facility adds to local residents' quality of life.

But that was quickly questioned by attorneys for the county and the Marlins. ''Your honor, smoke and mirrors. He's an economist. He doesn't live here. He hasn't lived here for years,'' said Marlins attorney Sandy Bohrer, who represents The Miami Herald in unrelated matters.

With the witness seated, Braman attorney Bob Martinez began a slide show taken by Porter of two Tampa-area professional stadiums -- one for baseball, another for football -- showing poor conditions in the surrounding area.

PURPOSE OF SLIDES

It was meant to show how building a ballpark in Little Havana would offer little for the community.

But the pictures were quickly dismissed as evidence after strenuous objections from Assistant County Attorney David Hope and Bohrer -- when it was discovered they were shot after Porter's deposition was taken.

What the hail is happening here? First, there's no rule that an economist needs to "live" in a particular area before rendering an expert opinion on the potential impact of an economic development on that area. Good lord, Sandy, if that's the best you've got on this guy you better keep trying.

Second, why the hail were these photos not part of this guy's expert report? And btw you don't have to go to Tampa to prove his point -- look at how the "quality of life" improved after they built the Miami Arena, or look at the quality of life in Miami Gardens after Joe Robbie got built. What a crock.

I remember taking the Metromover after work to see the Panthers play, throwing fake rats, all that crap. Now it feels like a distant, forgotten memory of the future, a Jetsons vision of what downtown could have been.

Bruce Greer to the Rescue?

I told you no one wants to try a case in July. It seems Judge Cohen is urging the parties to mediate and settle the Marlins stadium case, and is postponing the trial in order to get a deal done:

Instead, she ordered the parties to try to reach a settlement out of court.

''We will resume Monday morning,'' Cohen said.

With those words, attorneys for Miami, Miami-Dade County and the Florida Marlins -- and their courtroom foe, auto dealer Norman Braman -- left the courthouse in a bid to resolve the impasse.

Hanging in the balance is the future of a plan to build a new baseball stadium in Little Havana and spur billions of dollars in other urban projects in Miami.

''If we can work something out for the community, that's my goal,'' said Braman, the 75-year-old billionaire who is fighting the plan to build the Marlins a $609 million baseball stadium and parking garage using mostly tourist tax dollars.

His contention: Government is planning to improperly use public dollars targeted for slum and blight. Officials counter that the so-called megaplan will spark a vital economic rebirth that will benefit Overtown as well as build a new stadium.

County Manager George Burgess had been expecting to take the stand Friday. Now, with a judicial nudge to settle, Burgess was asked whether he's hopeful a deal will come.

''You always want to remain optimistic,'' he said.

He said a settlement would save the community time and money, as local government and Marlins officials are racing to complete a new 37,000-seat stadium to open for the 2011 season. Braman's lawsuit is the biggest roadblock remaining to that vision.

Cohen's Thursday afternoon order may indicate an accord is in sight.

Some close to the mediation said items being discussed included the possibility of building a community center near the planned ballpark, or awarding more public access to the facility. Such moves may help satisfy Braman's quest for more public benefit from the megaplan.

Others said the standoff -- being mediated by former judge Bruce Greer -- hangs on whether the Marlins will give back some of the concessions the team received in December's Baseball Stadium Agreement engineered by Burgess.

Though the county would own the stadium, the Marlins would receive all monies from its naming rights, which to some teams is worth hundreds of millions of dollars.

This is a smart move all around. Poor Judge Cohen got stuck with this summer turkey, thanks to an attenuated conflict issue, and surely does not want to deal with this if she doesn't have to.

Bruce is a great choice for mediator -- a respected lawyer, businessman, developer etc. Is there any reason this man was not made a federal judge?

The community owes a thanks to Braman and his attorneys. It's just another example of how, in the absence of a motivated multimillionaire willing to put up huge amounts of cash (or where appropriate, the class action device), the government cuts deals that routinely go unexamined and business continues as usual in this corrupt, mismanaged town.

Dave, you'll soon be back to your weekly crappy movie reviews, and all will be right with the world.

Trial in July

Not quite "Moonlight in Vermont," in fact does anyone really likes the sound of that phrase -- "trial in July," sorta like "prostate is enlarged" -- something you just don't want to hear. Anyways, our boy Billy Shields does a smart curtain-raiser on the Marlins trial set for bench trial before poor Judge Cohen on Thursday:

What will happen in the highly publicized trial set to start Thursday is anyone’s guess, but most of it will center on the baseball stadium.

Cohen devised an interlocking burden of proof for the bench trial.

Braman bats first.

Oh Billy, Billy oh Billy, say it ain't so -- a trial about a baseball team and you're going for the "at bat" imagery. I hope your editors made you put that one in. He continues:

His battery of lawyers, which include Coral Gables solo practitioner Gonzalo Dorta and Colson Hicks Eidson partners Roberto Martinez and Paul C. Huck Jr., must convince the judge that the private interest served by the stadium deal would serve a substantial private commercial interest.

If Braman can prove that, the onus shifts to the governments and the Marlins, who must prove to Cohen that the stadium deal was approved with the interest of a “paramount public purpose” in mind.

This doesn't make all that much sense, but assuming these burdens of proof are accurate, I'm betting Braman sustains his burden and Sandy and his bullpen does not. BTW, when is Scott Ponce finally going to get some ink? Sandy, step aside and let your star slugger take a turn at bat (there I can do it too Billy)!

Those involved or those observing, please send your reports my way -- anonymity guaranteed.

Judge Echarte Is Related To Someone. Or Something.

In a bombshell dropped only days before trial, Bob Martinez filed a motion to recuse Judge Echarte in the Miami Megaplan suit, and the Judge granted the motion:

Miami-Dade Circuit Court Judge Pedro Echarte Jr.'s mother is first cousins with attorney Bob Martinez's sister-in-law. The judge signed the recusal order from the high-profile case after Martinez, representing auto dealer Norman Braman, requested he no longer oversee it.

The Braman team's legal move came after a series of court decisions have gone against the millionaire businessman -- and in favor of the city, county and Florida Marlins, who would benefit from the slate of public-works projects Braman is trying to stop.

''I'd say Mr. Braman thought he was going to lose,'' said Marlins attorney Sanford Bohrer -- who represents The Miami Herald and other media in other matters.

Bohrer called Martinez's request ``the weakest motion to disqualify I've ever seen.''

Martinez said the rulings played no part in his request, writing that the judge should remove himself ``because of the court's desire to ensure that no one could question its impartiality in hindsight.''

Martinez, a former U.S. attorney, learned of the relationship Tuesday evening from his brother, and said he confirmed it Wednesday. ''In order to avoid any issues, we thought the prudent thing to do was to file a motion and bring it to the court's attention,'' he said.

Are you kidding me? It pains me to say this, but Bohrer is right -- that motion is a crock. And why did Judge Echarte grant it? My guess here is that Martinez didn't think the motion would be granted, but wanted it in his pocket for appeal. The timing certainly is curious, to say the least.

Did Judge Echarte not want to preside over this trial, because otherwise the prudent thing to do would have been to deny the motion and allow Martinez to take an interlocutory appeal, which would have been denied. Wow. While Echarte goes away on his vacation, the case now goes before poor Judge Jeri Beth Cohen, who is in the midst of a tough reelection campaign.

This is a case of hot potato -- surely Judge Cohen's mother's sister's second niece twice removed is related to someone on the trial team? For her sake I hope so.