UNITED STATES DISTRICT COURT

Southern District of Florida

Case Number: ____________________________

Molina, Cristina

v. Miami-Dade CountyMiami-Dade County Transit Agency

COMPLAINT

Plaintiff, Cristina Molina, pro se (hereinafter “I” or “me”) in the above styled cause with cause of action under the Administrative Procedures Act, the Transportation Efficiency Act and all other applicable statutes and regulations against the defendants, complains and alleges as follows:

GENERAL ALLEGATIONS

1.

I am and at all times relevant have been a resident of Miami-Dade County, Florida.

2.

Defendants are now and at all times relevant have conducted affairs within Miami-Dade County, Florida. Information to be contained in consolidated book of transit maps & schedules involves the coordination of corporations who are from a diverse citizenship; outside the state of Florida, federally run companies (Amtrak) and to be disseminated by and through and within agencies such as the Miami-Dade county Public School System and the Transit Agency and potentially even outside the state of Florida for incoming business travelers. As such, the federal court is the proper venue and the Administrative Procedures Act and other applicable laws are fitting to decide these matters.

3.

During my first contact with the Miami-Dade County in 11/2004 and 1/2005, I took due care to preserve confidentiality of copy written business plan and proposal regarding publication and marketing of consolidated book of transit maps and schedules before and after meeting with Transit Officials and when same was not returned contacted Governor Jeb Bush, who wrote me a letter, personally, and copied Mr. Burgess regarding the return of my materials in October of 2005. After months of asking for work back and when returned in 2005 I clearly stated in writing the business plan was not to be disseminated to private advertising companies who had no experience with transit development. Plaintiff was told by the Marketing Director he wanted

to have electronic signs on bus-stops and have everyone have cellular phones downloading times that tracked bus locations. I was told by Marketing Director the book would not work and that the Transit agency was not interested in developing it. Transit Director, Roosevelt Bradley was interested in the proposal but said he wanted the book filled with advertising. I requested proposal, business plan not be disseminated. I spoke before commission on our about March 2007 about book and Transit Director, Mr. Bradley was fired within a few hours. I do not know if he entered into a collusive contract and did not abide by proper bidding procedures. After Bradley was fired I approached Miami-Dade County Transit Agency a few months later with the plan to the new director again and was informed 30,000 were scheduled to print in January 2008 by GSA vendors. I asked which vendors, how they were selected and the Transit Agency, to date, has not revealed this information. I need the court to intervene in this matter, review my business proposal, to permit a fair bidding process and to determine whether trade secrets, my business proposal and whether a violation of work and intellectual property has taken place upon full review of my work under a sealed envelope. Over 650 people were present at the Transit Summit where they were asked to contribute ideas and none of them did so.

I also proposed playing music on trolleys, trains and metrorail stations for real-time download onto I-Phones and as this is an unregulated area and can unfavorably benefit one music company over another, I feel it is an emergency that the courts carve fair and equal rules of engagement into the laws that will permit openness, fairness and avoid the County entering into collusive contracts. The University of Florida was very interested in developing the program that would enable this procedure and requested of me $300,000 to begin their assessment of this introduction into the market.

I also submitted a proposal regarding real estate investors co-operating, managing and investing in transit and entering into agreements where they would both manage and share in the profits and, again, as this is an unregulated area I believe it is important the courts intervene so that the County and Commissioners, if exploring these avenues, do not craft legislation to benefit only a few real estate developers. County is not responding to the Strawman proposal I hand-delivered to transit summit and I am concerned this proposal will enable the crafting of discriminatory regulations and collusive contracts. Transit is an important and crucial area and as this transitions in industry are unregulated, I pray the Court will review my proposal and determine what tradesecrets I am entitled to the protection of and what role the government should take in regulating same so as to avoid collusion and unfair trade and bidding practices.

4.

After approximately January, 2001, as a continuation through my studies in Japan and Miami, I began conducting independent on-hands studies on buses and trains conducting cultural analysis of transit culture, designing an advertising campaign, business plan for the strategy in the marketing of the book, and thorough marketing and business development for the creative involvement of the free-market and sturdy business foundations for the book and made due care to keep such plan confidential from the general public because I was aware of the potential for commercial success from the publishing, design and sale of book.

5.

On or about November 2004, I contacted interim transit Director, Mr. Bonzon, via e-mail and telephone, requesting a meeting with him. His office replied and requested the reason for the meeting. I said the meeting was about work I wished to put forward and that it was confidential and I would only speak about it in person. Mr. Bonzon was later transferred as the director of the Airport Authority and I was informed by Mr. Bonzon’s office that Mr. Roosevelt Bradley, interim Transit director, would be meeting with me after the Christmas Holiday.

6.

On or about January 2005, I brought a book with a simple composite of the design and business plan using Miami-Dade Transit Maps cut out into a new arrangement with an outline of the business plan and organizational plan to a meeting with Transit Director, Roosevelt Bradley and Clinton Forbes his assistant. During the meeting, I used the hand-made book as a presentation prop and had designed it to give it to Mr. Roosevelt Bradley and the Transit Agency for his review. Mr. Bradley said that he wanted me to be on his team, he loved my ideas and passion and work and I said she was honored and that working on the book would be my dream. Mr. Bradley left in the middle of the meeting, while I was speaking, rushed off with the book without the meeting completely ending and I immediately said to Clinton Forbes, Mr. Bradley’s assistant, present throughout the entire meeting that that was my work and was not to be given to a private vendor and that it was to be maintained confidential. Mr. Forbes assured me that Mr. Bradley was an honest man and would keep his word that it would stay confidential. Before Mr. Bradley left he told me he wanted me to meet with Mr. DeCossio, the Transit Marketing Director. Mr. Bradley and Mr. Forbes said, “Our advertisers will love this.” And I said clearly that was not my vision for the project, it would dilute its impact and that she believed it would not be in the best interest of the riders, ethical or the public and the audience to have those advertisements in a book that could be not only an informational platform but a platform for transit development. This matter was not discussed further at that initial meeting.

7.

On our about January or February 2005, I was contacted by Mr. Bradley’s office and a meeting with Mr. DeCossio was scheduled. Mr. Forbes greeted me and escorted me to the meeting. Mr. DeCossio, marketing Director proceeded to tell me the book would not work, told me it would be a loss and told me to do it myself. I replied the matter was complex and that this was for the people. I brought in a sample journal and said the journal needed to be well produced so that it would have durability. Mr. DeCossio repeatedly insisted the plan would not work and said that the people loved the individually printed maps and repeatedly asked me if I was an artist. I replied my own studies into the matter indicated differently and Mr. DeCossio then showed me a radio advertisement he coordinated the payment for, to a salsa tune, advertising the presence of one route on one corridor. I replied that was wasted money if people did not know when the transit vehicles came. The meeting lasted three hours and Mr. Clinton Forbes a few times throughout the meeting popped his head into the meeting. The meeting lasted approximately two hours. The Marketing Director insisted the project would not work and that I should do it herself. The Marketing Director told her that he would not stop printing the individual maps until everyone had the technology on the cellular phones to download the times onto their

cellular phones. I insisted that was not ethical and fair to transit riders and was not financially realistic. Marketing Director informed it was inevitable and touched on having electronic signs on trains and bus stops. The marketing director also said that he was going to try to get me a job with his advertising agency. I declined and said advertisements in the book was not the vision for the project and I did not want for him to get me a job with the advertising agency. I never contacted Mr. DeCossio again and he never contacted me again.

8.

A few weeks later, I was contacted by Mr. Clinton Forbes and was informed Mr. Bradley wished to meet with me and a meeting was scheduled. Mr. Bradley did not come to the meeting. Instead, Mr. Forbes relayed to me, I should not worry about Mr. DeCossio’s disagreement to the project and that “Mr. Bradley is the Director.” I asked how it would be possible to coordinate a book with this kind of opposition in the marketing department. I also asked who would be directing the production and marketing of the book, at which time Mr. Forbes said, “you will.” I then asked what the position would pay and what would be the title of the position that Mr. Bradley offered. Mr. Forbes then replied that I “would have to bring a copy of a paycheck of where I was working to determine what she would be paid.” I asked why that was and no answer was given.

9.

A few weeks later, I was called in to meet with Mr. Bradley one more time and he did not show up to the meetings. I only met with Mr. Forbes who told me that “Mr. Bradley was just a pawn.” I waited eight months from January 2005 to August 2005, patiently for a letter from the Transit Department. I did not discuss employment terms, nor did I formally accept any offer of employment, but I did follow-up very frequently about keeping the project confidential. I waited for eight months, growing increasingly suspicious about the three missed meeting with Mr. Bradley and Mr. Forbes’ comments. I sent them correspondence, but never received a reply from them.

10.

On our about June 2005, I contact Jimmy Morales via telephone through a mutual friend about the project and express concerns about the project and its confidentiality. Jimmy Morales tells me that the County is not in the business of copyrighting or trademarks so I should not worry about that. I then contacts Transit Agency about the book and I am told “to be patient.” I expressed my concerns for the confidentiality of my business plan.

11.

On or about August 2005, Commissioner Teele kills himself in the Miami-Herald building and coverage of millions of dollars siphoned out of Miami-Dade County Transit through advertising and bus benches were front page news. I immediately contacted Miami-Dade County Transit and requested my materials back immediately and informed Adreanne Murray that I did not wish to work for Miami-Dade County Transit and that I wanted my book and business plan back

immediately. Ms. Murray relayed she did not know what I was talking about. I contacted Mr. Forbes and I did not receive a call back from their offices or any correspondence or phone calls.

12.

On or about August 3, 2005, I contacted Senior Advisor Gazitua in Mayor Alvarez’ office and Mayor Alvarez’ office informed me they had no authority to even ask what the book was about or what materials I needed to get back. I called repeatedly and was told Mayor Alvarez did not have any power to even ask where the materials were. I then called Miami-Dade County Transit and when no phone call was returned, I contacted government in Tallahassee about the situation and my materials being in the possession of Miami-Dade Transit. At no time in those letters did I reveal what the project entailed, because I wanted to keep it confidential. I only said that I wanted to have my presentation materials back and that I had been requesting them from the Transit Department and she was not getting any replies and the Mayor’s Office said they had no power to inquire.

13.

I contact my attorney Kim Kolback about the matter and she informs that “I don’t want a fight with Miami-Dade County.” I then proceed to contact people in government to help me get my book back.

14.

August 5, 2005, I suffer my first ever nervous breakdown and am taken to hospital by my mother after I had been trying to contact transit officials and writing to Tallahassee about the book and concerns the business plan will not stay confidential. I writes to Jeb Bush several times and sends correspondence via facsimile asking for help and concerned about Teele killing himself as a result of corruption in transit related to advertising.

15.

I am contacted September 23, 2005 to come into County Manager Burgess’ Office. An assistant comes out with the presentation materials and a note that reads, “Received on this day of September 23, 2005, one (1) book containing system map, Metrorail maps, and maps & schedules for routes J, T, 65, 42, Gables Connection, Midnight OWL and Coconut Grove Circulator, among other transit-related documents from Judy Seidner, County Manager’s Office.” The assistant that came out said, “Sign this or I will not give you back your book.” She held the book in her hand and when I said what she wanted me to sign was not accurate, she refused to give me the book back until I signed that paper. I took the piece of paper and wrote around the typed statement, “Presentation Materials used to display new design and organizational structure for their materials currently provided in a very inefficient, unintegrated manner. 1). Outline for structure of marketing platform presented January, 2005 2). Composite of Organizational Structure for maps & schedules named above, for consolidation. County has provided single, isolated information maps. 3). Outline to accompany presentation on psychological studies and research conducted after 4 years. These maps were used to explain my

design as owned by Maps & More, Inc.. The book was returned. I still have a copy of that paper requesting complete confidentiality of the business plan and proposal.

16.

October 10, 2005, I receive correspondence from Jeb Bush thanking me for the letter detailing problems I experienced regarding the return of materials presented to Miami-Dade County officials and Jeb Bush assured me that someone from Mr. Burgess’ office would be contacting me.

17.

I had to take time to recuperate from the stress and moved to Gainesville, Florida and studied transit culture and presented the same idea to the City of Gainesville. I was immediately offered a position by the Transit Marketing Director. I declined acceptance and they said they did not know how to organize the times and I said that until my business plan was received back from the United States Copyright Office I would not speak in more detail about the project and that I was not interested in working for the government. I continued to develop my business plan and analyze the complexities of transit development in the United States and the place of the book in my business plan.

18.

I continued developing my business plan and studied transit in Gainesville and returned to Miami in 2007 to re-approach County with my plan. I am offered to purchase my business plan and company for 50% by one investor with millions of dollars. I decline offers because commercial value is very attractive to people who hear about my plan and I am trying to bring forth a larger framework that will ensure fairness and a proper assessment of all issues with my business plan. I then find a printing consultant and graphic designer for consultation services to develop my plan before approaching city. I attend Map Fair and approach several of the vendors with the project and each of the vendors declines. I speak with director of Map Fair and he refers me to his son, Karl Fitzgerald. I ask Mr. Fitzgerald to sign confidentiality agreement before she reveals plan to his son, Mr. Fitzgerald, a printer and graphic designer.

19.

In 2007, I read in the newspaper that the county is planning on spending millions of dollars placing electronic signs on bus stops and I speak before the commission with several individual transit maps and I ask the commission how many maps they expect the riders to carry around and then explains her encounters with Roosevelt Bradley and Mr. Michael DeCossio and says that she is willing to give her marketing plan away and design for free if they do the project properly. The presiding commissioner was Mr. Dorrin D. Rolle and an attorney asked for me to speak with him about any gift to the County. I was then approached by Mr. Bradley who asks me for my phone number in the commission chambers. I gave him my phone number.

20.

On my way home I encounter a woman by the name of Ms. Batista in the Planning Department on the train and I and Ms. Batista begin talking about what we are doing on transit and I tell her that I was speaking before the commission today and she says asks if I was the one speaking before commission. Ms. Batista then said that she had heard something about a consolidated book of transit maps and schedules and something about electronic signs on the bus stops and of Mr. DeCossio’s involvement in that project.

21.

I arrive home to find a message on my answering machine on my home phone from Adreanne Murray, Roosevelt Bradley’s secretary asking I contact Mr. Roosevelt Bradley immediately. It is past 5:00 p.m. and I call first thing next morning to schedule meeting. Ms. Adreanne Murray answers the phone and tells me that I that I probably already found out last night but Mr. Bradley has been fired and tells me that I that if she were me, she would not come down to County Offices because it would not be safe as people were very upset with her. I ask about the project for the consolidated book of transit maps and schedules and Ms. Murray does not respond and says it is best that she not come down to County Offices for my own safety. I suffer a nervous breakdown in my home.

22.

I receive one phone call at my house from unidentified caller forcefully asking me who lived there and what my name was. I stay in the house and began to feel afraid and nervous. I then go to Mayor Alvarez’ office and write down a letter to his bodyguard telling Mayor Alvarez that I am afraid and explain in writing how I started Maps & More, how Mr. DeCossio did not want the project, how Mr. Bradley offered her a job and left her waiting for eight months, how she worked to get my presentation materials back and that she doesn’t want anybody to get fired.

23.

I decided to leave my work; I had a nervous breakdown in my apartment. Roosevelt Bradley being fired is front page news and the black community is very upset.

24.

I am contacted by Abigail Price-Williams, County Attorney via e-mail and telephone. I have copies of the e-mails she sent me. I contact Mr. Abigail Price-Williams and Ms. Williams says that Mr. Dorrin D. Rolle wants her to sign over the project and release her business plan. I say that I will do no such thing and writes via e-mail details of the history and the complexity of the project and a fair bidding process. Ms. Williams says she has no power and I respond to her e-mail and she then tell me I can attend commission meeting if I wish to express my concerns but that I will only have two minutes to speak and that I need to come in with all of my bidding materials ready and quotes.

25.

I am very worried about speaking before the commission because I do not want to give away my business plan nor do I wish to be swallowed up in the Roosevelt Bradley news storm. Abigail Price-Williams says that I only have two minutes to speak and I decide to ask them a question instead of turning over my business plan. A few days, I go to the commission meetings and ask to speak. I come forward with a butterfly in one hand and I ask the commission “if you crush a butterfly, do you expect it to fly?” I then walk out of the commission room and write a proposal two months later to new Transit Director about the consolidated book of transit maps & schedules.

26.

When I return home, I e-mail Ms. Abigail Price-Williams and tell her that I will not authorize giving my business plan to anyone else and that I will do no such thing and that I am concerned about collusive contracts, improper bidding, nepotism and connections getting in without regard for transit development and the genuine purpose of the book. I relay events and tell Ms. Williams that what I am concerned about is the current printer and that there may be difficulty in transitioning that large source of business to another publisher. Ms. Price-Williams tells me over the phone that “Miami-Dade County prints all of its stuff; we have our own printing plant.” I had been operating under the assumption that the publisher would be a private publisher and designer and marketing and that specifications to bid on the project would be determined over time and study and assessment of all issues. Never were any specifications to bid provided. They were handed to private publishers and printers without a proper bidding process after I contacted them with my business proposal.

27.

In 2007, I write to new director, Harpal Kapoor, about a proposal for a consolidated book of transit maps and schedules and Mr. Kapoor writes back informing the commission unilaterally approved it and that they conducted a study and that all riders and non-transit riders want the book and the County will be printing 30,000 in January 2008 and that the book will be filled with advertising and vendors will be given a .50 cent commission on the sales of the books and refers to me as a “civic-minded citizen.” I quickly write him back and correct that label and tell him that I approached the County with my business plan years prior as both a civic minded citizen and a business minded citizen.

28.

I write back asking what vendors will be selected and I receive no reply from Transit Director Harpal Kapoor as to that inquiry, nor how they chose the vendors. Telephone conversations with assistants and Mr. Forbes reveal Mr. DeCossio is managing the project.

29.

I write back asking for more information regarding the marketing and design and publication of the book, as the correspondence they sent me seemed to indicate sparse marketing and canvassing of the book. I then write Mr. Kapoor informing him that “I am not just a civic minded citizen,” I am also a business minded citizen as well and explain how long it took me to get the project approved and that I wanted the book to be properly produced and well marketed because it was an essential part of business development. All through 2007 and 2008, I am still operating under the representation told to me by Ms. Williams that Miami-Dade County prints all of its stuff.

30.

I moved to Gainesville because I felt afraid and I wanted to rest after my nervous breakdown and not feel worried about walking down the street and riding my bicycle near County Hall. I then began corresponding via U.S. Mail with the Transit Agency from Gainesville, Florida regarding the marketing of the book and begin to lay the foundation for the book being in the courtrooms and based on her business plan many other areas. I am surprised that the correspondence was received October 1, 2007 and virtually no marketing had been done for the book planned for January 2008. Places where the book really needed to be for people who used transit was not being assessed. It was going to be at the Miami Beach Convention and Visitors Bureau, filled with advertisements and some metrorail stops.

31.

I ask Mr. Kapoor why I was not notified about the book being given to GSA vendors and I ask which GSA vendors were selected and why the project was not bidded out. Mr. Kapoor does not reply to this question and County Attorney informs this is not with in her purview.

32.

I continue to build the base of the project because I was under the assumption Miami-Dade county owns its own printing plant and understands the importance of the book. I, as of November 2008, receive no information regarding who is chosen for the book and under what bidding practices. I ask why I was not notified about the bidding of the book and what the sales mechanisms would be and how those vendors were chosen. I have received no answer to date.

33.

I contact Ms. Abigail Price-Williams via correspondence several times asking for information and I am contacted via e-mail by Abigail Price-Williams and told that the consolidated book of transit maps and schedules is no longer within her purview. I e-mail immediately and relay that the project should be under the County Attorney’s purview because the matters at hand were very complex and far beyond free-market involvement in a project and a litany of other complex issues. I receive no reply. I wish for the court to manage, oversee and fairly regulate franchise,

bidding specifications, fair bidding practices, protection of my trade secrets and other issues I want to discuss with them.

34.

I am then contacted by the entire transit team (copied from Mr. Kapoor) via e-mail and told that the book will be bidded out. I reply and say that I would like to be told when that bidding will take place, but that also there were issues here that were larger than bidding and that I needed those addressed and that I will speak against the project being bidded out when it was formally bidded out.

35.

A few weeks later I contact Marketing Director Michael DeCossio via telephone and am told that Miami-Dade County prints all of its own stuff and that only the design of the book will be printed out. I asks if the book will be filled with advertisements and Mr. DeCossio does not reply. I relay to Mr. DeCossio that public transportation development marketing is below par and ideas such as speaking with Miami-Dade County Historian to include historical and cultural places of note and instead of placing automobile advertisements on buses and trains and sexually transmitted diseases, having advertising with poems and literature from architects and urban designers and other historical visionaries would be a great way to teach people about transit. Mr. deCossio says they will be printing the book in a few months once a new cycle of routes is set. Mr. DeCossio tells me over the phone that Miami-Dade County prints all of its stuff and they will only be bidding out the layout of the images in the book. A few days later I run into Senior Advisor Gazitua while walking downtown and I tell him I am on my way to deliver a letter to Abigail Price-Williams about the advertising in the book and the printing and he tells me that Miami-Dade County prints all of its stuff.

36.

I contact Mr. DeCossio via correspondence with questions asking about the bidding of the book. I contact Mr. Michael DeCossio and request information regarding any marketing campaigns he has developed and information regarding how much money CBS Outdoor provides for the billboard advertising on buses and how much Walter Haas & sons charges to print those advertisements, how many county employees are hired to paste them on and how much manpower to approve, remove and monitor advertising cycles and how much profit goes into the book for advertising for them and how much tax money goes into supplying this private business with advertising space and the management of same.

37.

I learn that Walter Haas & Sons, a private, family owned printing plant, currently prints Miami-Dade County maps.

38.

I composes letter to Mr. DeCossio, Ms. Williams and Senior Advisor Gazitua asking for a tour of the printing plant.

39.

Four weeks after sending letter to Mr. DeCossio, I contacts Ms. Abigail Price-Williams via voicemail and via faxed correspondence indicating a formal protest to bid.

40.

Friday, June 6, 2009, I leave two voicemail messages for Ms. Williams advising her I am formally protesting the bid and I also speak and inform Mr. LeClere of Miami-Dade County Transit that I formally protesting the bid and I then fax a formal protest to bid and within 20 minutes I receive a reply indicating that the consolidated book of transit maps and schedules will be postponed for years due to schedule and budgetary constraints.

41.

I reply to Mr. Kapoor asking why he did not address the formal bid to protest in his e-mail and simply said he would be cancelling the project. As of June 15, 2009, I have received no reply to his inquiry.

FIRST CAUSE OF ACTION(Fraud in the Inducement)

I hereby incorporate and reallege Paragraphs 1 through 41, as though fully set forth at length herein.

42.

Defendants had a duty to inform me of selection of GSA vendor selection, project bidding, protect my plan and inform me as to who would publish, print and market the book and of any bidding process after the book was planned to be published in January 2008. If I had not intervened and asked questions, this valuable book with potential for enormous commercial success would have been handed to printers, publishers and designers that did not compose the business plan and were handed my work and the project would have been robbed of a fair bidding process. Only after I re-approached the County and the new Transit Director did the County inform me of the selection of the vendor and denied me ample time to approach investors and coordinate a bid in response to a bid to offer on my business plan.

43.

Transit director Mr. Kapoor referred to me as a “civic-minded” citizen and I quickly wrote correcting him I was a both a business-minded and civic minded citizen and when I approached

the County in 2004 I never relinquished my rights to bid on the project and that I was very concerned as to why the project was not properly bidded out.

44.

As a result of defendants’ negligent conduct stated above, I have suffered specific damages, including, but not limited to, medical expenses, lost wages, emotional stress and the violation and devaluation and unfair competition on my own intellectual property, work, business plan, trade secrets, opportunity and time to bid and inducing me in good faith to turn over my work, because I was operating under misrepresented facts. I feel that while difficult to quantify how qualified a person is with regard to public transportation development, correspondence lauding my work from the President of the University of Florida, T. Boone Pickens, Mayor Alvarez, the City of Gainesville, job offers and words of praise from marketing masterminds, the work I have put forward so far and the viability of commercial success make my work and project worthy of the court’s review so that I may be free to speak without fear that my work will further be devalued by inducing me to give my work under false pretenses of Miami-Dade County’s owning its own printing plant, not being granted meetings to speak with Transit, giving project to GSA approved vendors and therefore not having the opportunity properly address all of the issues surrounding this project so as to continue in a manner that is structured and will provide remedies in the law for the free-market’s involvement. Without the court’s intervention, supervision and rulings I feel these projects beg collusion as the County Government is not in a posture of transparency.

45.

I need the court’s intervention in order to compel County to release records regarding whether they entered into collusive contracts prior to Mr. Bradley being fired in 2007, approximately a couple of hours after I spoke at Commission and for the Court to determine if fair bidding practices took place.

SECOND CAUSE OF ACTION(Misappropriation of Work, Trademarks and Trade Secrets and Improper Bidding

Practices)

I hereby incorporate and reallege Paragraphs 1 through 45, as though fully set forth at length herein.

46.

Defendants had a duty to be honest and reveal to me that my assumptions there was a private printer involved and that GSA vendors were selected without a bidding procedure. Dorrin D. Rolle’s relaying through the County Attorney, Abigail Price-Williams that he wanted me to sign a release giving the County my work and business plan was not appropriate procedures for handling my business plan. County attorney misrepresented to me that the County “prints all of

its stuff.” I then worked and, under misrepresented information, expended time and labor and operated under misrepresented information and denied me and the entire business community the opportunity to participate and operate under some level of secrecy.

THIRD CAUSE OF ACTION(Fraud)

I hereby incorporate and reallege Paragraphs 1 through 46, as though fully set forth at length herein.

47.

Defendants had a duty to be honest on Friday, June 5, 2009, and respond with particularity to my faxed formal written protest and voicemails left, and after three conversations with staff members indicating my formal protest to bid, rather than sending an e-mail informing me the project has been cancelled and postponed for years instead of being bidded out. Up until the moment I notified I would be protesting bid, I had been informed the project was postponed for a few months and only the design would be printed out but that the County “owns its own printing plant.”

I want and need and the free-market needs to rest on the constraints within the law and the government’s ability to be honest. I want and need for the County to engage in a dialogue within the constraints of the highest principles of the legislative and legal systems provided within the federal court system to govern these budding public utilities and create a framework from which to catapult our transit systems into an era that will provide a free flow of the entire spectrum of the free-market and guard against collusive contracts.

I need for the court to help the government and my work reach a place where it is protected from people who only wish to see it for the commercial success and who are most probably in bed with transit’s competitors and not with specific knowledge or information or skill sets to move forward with transit development in a well-informed manner.

48.

As a direct and proximate result of Defendants’ actions, Defendants actions are collusive, fraudulent and not honest and misappropriation of my proposal has taken place. That is, I cannot protest a bid on a project that has been cancelled and by ignoring her protest and e-mailing me that the project has been cancelled and will be pushed back for two years, I am denied my right to the years of work I have invested in creating a business foundation for the market and base of the book to provide at their behest in two years and no grounds from which to protest a bid on a project they informed me will be cancelled immediately after I sent voicemails and faxes informing them of my protest to bid.

THIRD CAUSE OF ACTION(Unjust Enrichment)

I hereby incorporate and reallege Paragraphs 1 through 48, as though fully set forth at length herein.

49.

Defendants have unjustly enriched their marketing of this book and the GSA vendors they selected without a bidding procedure with my work, ideas, business plan and work I provided to them under their misrepresenting to me they owned their own printing plant.

50.

Defendants did not inform me of their selection of GSA vendors and I had to write letter and after letter inquiring as to who had been selected with no reply to date. They have given this project to companies and organizations who did not approach them with the project and who view it only as a potential for advertising success and commercial success, not as a vehicle for transportation development as evidenced in their poor marketing and their handing it to people who did not properly address the complexity of the book, but only its commercial success to be filled with advertisements and to be sold for $2.50 each. With Miami residents totaling over 2.5 million and with over 10 million visitors a year through the Port of Miami alone – even at $2.50 each, this book will be a total commercial success and grant an unfair advantage to GSA vendors hand-selected, without a bidding process on a plan that was not theirs and an execution of work that clearly showed that transit development was not in their interest with this project; commercial viability alone and the attraction of this project to people who have the money for publishing should by no means excuse collusive contracts.

WHEREFORE, I pray for judgment against the Defendants as follows:

1. Injunction against their dissemination of my work, ideas and business proposal I provided to the County under the assumption they owned their own printing plant and were producing the book in-house.

2. Rescission of any contract entered into by county with any vendor regarding project and release of information regarding why Mr. Bradley was fired a few hours I spoke before the commission and why Mr. Bradley’s secretary contacted my home immediately and why I had been told not to come down to County offices because it would not be safe for me as people were upset with me.

3. Court rescind all contracts made within the County and GSA vendors regarding this project.

4. Costs of suit, time expended and damages suffered as a result of any collusive contract and County not abiding by proper bidding procedures.

5. For loss of earnings and earning capacity, according to proof.

6. For medical expenses, future medical expenses, and all incidental expenses, according to proof.

7. For the court to permit me to present the entire business proposal (up to now being given piece-mail, purposely withheld from county for fear of collusion and fraud and improper business practices) and for the court to fully consider and regulate uncharted areas and provide a framework from which the free-market and the business community can fairly and openly enter into agreements with each other and with transit officials in a procedural fashion that will not beg collusion and will be open, honest, fair, inclusive and not based on discriminatory practices and determine what trade secrets and portions of my business plan are to be included in the proposal.

8. The Court to determine what parts of my business proposal require their intervention with regard to the County’s handing my work to friends, businesses they know and have worked with, etc.

9. Court grant formal legal proceeding, within the court system, outlining procedural requirements in this budding franchise and review my full proposal to determine whether the work violated constitutes misappropriation of trade secrets and determine what damage has been done to my business and unfair bidding and competition pr

10. Court investigate into any corruption, nepotism, secret bid or other activity within County Government based on the evidence to determine collusion and conversion, fraud or unfair bidding practices.

11. Court grant formal and appropriate legal proceeding to determine what music companies will be able to feature music on trains and buses and trolleys for real-time download and what procedures will be adhered to so as to include the entire business community

12. Such other further relief as the court deems just and proper.13. Provide me and opportunity to show court all of my documentation regarding the work I

have performed under the assumption they owned their own printing plant and determine whether giving a project and business plan not designed or proposed or composed by friends and current business partners of Miami-Dade Transit Agency was outside of the ethical duties owed to a confidential business proposal and fair bidding practices.

14. Immediate release of names of all companies to whom my work has been given and to whom the projects were awarded.

15. The court review my full proposal and property regulate administrative procedures to assure proper management and any and all other relief the court deems just and proper.

______________________________Cristina Molina, Pro Se12042 S.W. 126 LaneMiami, Florida 33186(305) 234-8153