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
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Resolution No. 20-9731
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
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