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HomeMy Public PortalAbout20-9731 Rual Fernandez and DJ Production Litigation CaseSponsored by: City Attorney RESOLUTION NO. 20-9731 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO REPRESENT THE CITY OF OPA- LOCKA IN THE LITIGATION CASE(S) RAUL FERNANDEZ AND DJ OPPORTUNITIES, INC. VS MIAMI- DADE COUNTY AND CITY OF OPA-LOCKA, FLORIDA AND LAKEVIEW APARTMENTS LLC AND L.L.C. LAKEVIEW APARTMENTS VS MIAMI-DADE COUNTY AND CITY OF OPA-LOCKA, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka was served with a Complaint from Raul Fernandez and DJ Opportunities, Inc., Case No.: 19-35518CA01, through Plaintiff's counsel, Michael Pizzi, Esq. on or about December 11, 2019 ("Fernandez case"); and WHEREAS, the City of Opa-locka was served with a Complaint from Plaintiffs Lakeview Apartments LLC and L.L.C. Lakeview Apartments, Case No.: 20-1124 CA (01), through its counsel, Michael Pizzi, Esq. on or about January 23, 2020 ("Lakeview case"); and WHEREAS, the law firm of Burnadette Norris -Weeks, P.A. ("Firm") has been working closely with City Staff and Miami -Dade County staff and also coordinating with outside counsel on similar water case(s) and would be in the best positon to defend the City of Opa-Locka, Florida in the Fernandez and Lakeview matters; and WHEREAS, during the Christmas Holidays (December 31, 2019) it was necessary for the City of Opa-Locka to file a responsive pleading to address the Fernandez lawsuit and the City filed a Motion to Dismiss for failure to state a cause of action due to the placement of new water meters and this case has since been set before the Court for a hearing. Additionally , the Firm has also been successful in defending a Motion for Injunction against the Plaintiffs in this same action; and WHEREAS, a response to the Lakeview Complaint is due on February 12, 2020 and the Firm is familiar with the litigation matters and the Firm requests specific authority to defend the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Resolution No. 20-9731 Section 1. Adoption of Representations. The above recitals are true and correct and are incorporated into this Resolution by reference. Section 2. Authorizing City Attorney to Represent the City In Litigation The City Commission authorizes the City Attorney, Burnadette Norris -Weeks, P.A. to represent the City of Opa-Locka in the litigation cases(s) Raul Fernandez and DJ Opportunities, Inc. vs. Miami -Dade County and City of Opa-locka, Florida and Lakeview Apai tents LLC and L.L.C. Lakeview Apartments vs. Miami -Dade County and City Of Opa-locka, Florida both going forward and retroactively. Section 3. Effective Date. This Resolution shall take effect immediately upon adoption by the City Commission of the City of Opa-locka. PASSED and ADOPTED this 12th day of February, 2020. ATTEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIE CY: (ALCijBurnadette Norrieeekss, P.A. Moved by: Commissioner Bass Seconded by: Vice Mayor Davis VOTE: 5-0 Matthew A. Pigatt, Mayor 2 Resolution No. 20-9731 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES 3