We really did.
But when we got to paragraph 61 of plaintiff’s Second Amended Complaint, we gave up.
It’s impossible to take L’il Frantzie P seriously.
As we first reported in January, North Miami Beach Faux Commissioner Frantz Pierre filed a frivolous discrimination lawsuit against the city, Deputy City Manager Mac Serda and City Attorney Jose Smith.
The defendants then hired the firm of Lydecker | Diaz to represent them. On February 21, 2017, Super Lawyer partners, Stephen Hunter Johnson and Stephanie Pidermann, joined by the firm’s rising superstar associate (and Florida Gator!) Laselve Harrison, filed three Motions to Dismiss on behalf of each of the defendants, based on the plaintiff’s failure to provide any proof of his allegations whatsoever.
Heck of a job, Gregory. Heck of a job!
First, the serious stuff.
In response to Frantzie’s bogus claims that his civil rights were violated, the City of North Miami Beach’s Motion to Dismiss stated, “Critically, within the 77 paragraph Complaint, there are no allegations identifying an official NMB policy or custom that is alleged to have caused the alleged deprivation of Plaintiff’s rights. While Plaintiff attempts to charge NMB with committing serious civil rights violations, he has failed to set forth a single allegation regarding any official policy or custom of NMB and failed to set forth a single allegation identifying the specific federal rights he claims were violated by NMB.”
The city’s Motion to Dismiss also brilliantly smacked down all the rest of Frantzie’s ridiculous claims of discrimination. Definitely worth reading!
The Motion to Dismiss filed on behalf of North Miami Beach City Attorney Jose Smith admitted to only one of the allegations in Frantzie’s complaint … that he is the City Attorney for the City of North Miami Beach.
Beyond that, the Motion refutes the remaining 76 paragraphs of Frantzie’s amended complaint, and noted, “Shockingly, while Plaintiff attempts to charge Smith with committing serious civil rights violations, he fails to set forth a single allegation regarding any act committed by Smith and fails to set forth a single allegation identifying any specific federal rights Plaintiff claims were violated by Smith.”
Similarly, the Motion to Dismiss filed on behalf of Deputy City Manager Mac Serda, in which he admitted he is the Deputy City Manager, also acknowledged Frantzie’s accusation that he “called [sic] news conference with media outlets to put a story out about Plaintiff abusing his position as a councilman and threatening Code Enforcement Officer Tashema Lewis.”
In response, Serda’s Motion to Dismiss stated, “Shockingly, Plaintiff is attempting to charge Serda with discrimination, retaliation, harassment, and intentional infliction of emotional distress based solely on allegations that Serda is employed as NMB’s Deputy City Manager and that Serda called a news conference regarding a complaint by a City Code Enforcement Officer that Plaintiff had abused his position as a Councilman and threatened her. There are no allegations in the purported “Facts” section that refer to any acts committed by Serda that plausibly support the claims of discrimination, retaliation, hostile work environment, and intentional infliction of emotional distress asserted against him by Plaintiff.”
The plaintiff’s lawyer apparently agreed that suing the city was a lost cause because on March 6, 2017, he filed a Memorandum of Law, which states, “All counts against the city of North Miami Beach have been dismissed by the Plaintiff as he could not show a definite pattern, conduct or custom.”
He did, however, ask the court to deny the two other Motions to Dismiss by Smith and Serda.
Then again, what can we expect from a lawyer who can’t spell the word “Office?”
And, in case you’re wondering … Mr. Curtis still has not corrected his website.
Now for the funny stuff!
In his Second Amended Complaint, Frantzie accused Mac Serda and Jose Smith of “Intentional Infliction of Emotional Distress.”
Frantzie asserted, “The emotional distress was severe. Plaintiff has been to the hospital because of Defendant’s conduct, he has lost weight, been placed on medication, has trouble sleeping, and continued problems.”
Um, yeah, about that.
It’s common knowledge that whenever Frantzie is caught red-handed committing a crime, he checks himself into a hospital where he can hide out until the heat dies down. His “continued problems” are entirely self-inflicted.
(Uh, oh! There goes that damn blogger again … writing “internet stories that will be and/or deleterious to plaintiff’s political career.”)
Even more hilarious, in his Second Amended Complaint (paragraphs 61 and 68), Frantzie claimed … drum roll, please!
“Plaintiff was the subject adverse action caused Plaintiff to suffer injury likely to chill a person’s ordinary firmness.”
And he’s blaming Mac and Jose?
OMFG! Are your sides splitting yet?
Have you ever considered that this might be the cause of your, um, little problem?
And, yes. Pun very much intended.
Folks, we couldn’t make this stuff up if we tried!
In all seriousness, though, erectile dysfunction is no laughing matter.
Unprompted by the defense, on March 8, 2017 the Court filed an Order Striking Second Amended Complaint.
United States District Judge Federico A. Moreno was apparently not amused.
We sure are, though.
Oh, yeah. This is gonna be big fun!
LET THE DEPOSITIONS BEGIN!