HomeMy Public PortalAbout11-8289 James Greason Esq. Sponsored by: City Manager
RESOLUTION NO. 11-8289
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA TO APPROVE
SETTLING THE CLAIM FOR ATTORNEY'S FEES AND
COSTS BY JAMES GREASON, ESQ., IN THE LITIGATION
MATTER OF LINDA BRACY VS CITY OF OPA-LOCKA,
IN THE TOTAL AMOUNT OF THIRTEEN THOUSAND
FIVE HUNDRED DOLLAR ($13,500.00) PAYABLE FROM
ACCOUNT NUMBER 28-514390; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Linda Bracy sued the City of Opa-locka in regard to a reduction in salary;
and
WHEREAS, the Court found in favor of Ms. Bracy in regard to certain declaratory
relief; and
WHEREAS, a claim for attorney's fees and costs in excess of $30,000.00 was made
against the City of Opa-locka by attorney James Greason for representing Linda Bracy in
opposition to the City of Opa-locka; and
WHEREAS, the City Attorney and Attorney Greason, reached a tentative compromise
on the amount of the attorney's fees and costs in the amount of $13,500.00, a substantial
reduction of the original amount claimed, subject to City Commission approval; and
WHEREAS, the City Commission of the City of Opa-locka, desires to approve the
settlement for attorney's fees and costs in the amount of$13,500.00. to James Greason, Esq.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 11-8289
Section 2. The City Commission of the City of Opa-locka hereby approves the
tentative settlement, and directs the City Manager to pay attorney's fees and costs to James
Greason, Esq., in re: Linda Bracy vs. City of Opa-locka, in the total amount of $13,500.00,
payable from account 28-5814390, in full settlement of all claims by Mr. Greason in regard to
this matter.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 28`h day of e s tember, 2011.
RA f' YLOR
MA''OR
Attest to: Approved as to form and legal s fficiency:
Ir
JAIk - I
Deborah S. Irby Jos, .h S. Zeller
City Clerk C. Atto ey
Moved by: JOHNSON
Seconded by: MILLER
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
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Memorandum
TO: Mayor Myra L. Taylor
Vice Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner Gal Miller
Bryan K. Finnie ,' City Manager
DATE: September 2011
RE: Bracy s City of Opa-locka—Attorney's Fees
Attached is an invoice totaling $13,500.00 from James H. Greason, Attorney at Law, for
representing Linda Bracy. Mr. Greason made a claim for attorney's fees, and was seeking in
excess of $30,000.00 in attorney's fees and costs. The City vigorously defended both the
entitlement to and the amount of attorney's fees. The City Attorney reached a compromise with
Mr. Greason to settle in the amount of$13,500.00 for fees and costs, subject to City Commission
approval. This will bring the matter to a final conclusion. Based on discussions with legal
counsel, I am recommending that the compromise settlement be approved and that this invoice be
paid.
6817112 vl
1
JAMES H . GREASON
ATTORNEY AT LAW
1V
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September 12, 2011 ^" care'
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Deborah Sheffield Irby, City Clerk `='
VIA HAND-DELIVERY ••
cn
Re: BRACY V. CITY OF OPA-LOCKA
Dear Ms. Irby:
My bill for representing Linda Bracy is $13,500. That amount was agreed upon
between me and City Attorney Joseph Geller as a compromise, and it represents a substantial
reduction in the amount claimed. My time affidavits are attached.
Very truly yours,
James H. Greason
cc: Joseph S. Geller
REPLY or P. 0. BOX 61 1 331 , NORTH MIAMI, FL 33261
TELEPHONE: 305-5E12-915B
FACSIMILE: 786-629-7377
E-MAIL: JHGREASON @MSN.COM
IN TI-IC CIRCUIT COURT OF THE
IT"JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR MIAMI-DADS COUNTY
CIRCUIT CIVIL DIVISION
LINDA HOLMES BRACY, CASE NO. 10-49415-CA-02
Plaintiff,
v.
CITY OF OPA-LOCKA,and
CLARANCE PATTERSON,as
City Manager,and JOHN 13. RILEY,
as Civil Service Board Chairman,
•
Defendant.
/ •
AFFIDAVIT OF PLAINTIFF'S ATTORNEY FEES AND COSTS
THE STATE OF FLORIDA
SS
COUNTY OF MIAMI-DADE
BEFORE ME, the undersigned authority, personally appeared James H. ()reason, Esq.,
who. upon oath or affirmation,swore and deposed:
i.
•Affiant is counsel for Plaintiff in the above-styled cause and has personal information of
all facts herein alleged.
2. Affiant was admitted to the Florida Bar in 1978 and has continuously practiced in this
jurisdiction in civil litigation, including employment cases, since admission.
3. Affiant currently bills at$500 per hour.
4. Affiant obtained summary judgment herein on March 10,2011.
5. Affiant expended the following professional time to date in prosecuting this claim for
unpaid wages:
Page I of 4 _^�
CASE NO. 10-49415-CA-02
05-23-10 E-mail from client requesting representation 0.1
05-25-10 Meet w/client, review does, personnel rules 1.5
06-02-10 Attend Personnel Bd. meeting w/client 2.5
06-02-10 Request minutes of 5/20/10& 6/2/10 P13 0,2
06-14-10 forward re-not. of PB hearing 6/17 to client 0.1
06-14-10 tel. conf. w/client re: witnesses;e-mail subpoena request to city 0.5
06-14-10 receive e-mail conf. of subpoenas from Pers. Dir. 0,1
06-16-10 Review additional does, Prep. Preliminary Statement 1.0
06-16-10 e-mail Prelim. Statement to Atty& PB members 0.1
06-16-10 e-mail from City Atty re: discussion 0.1
06-16-10 tel. conf. w/City Atty re: settlement 0.2
06-17-10 Prep. for&Evidentiary hearing before Personnel Board 3.6
07-07-10 e-mail request to Pers. Dir. for decision of PB 0.1
07-07-10 reply c-mail from Pers. Dir. 0.1
07-12-10 e-mail from client re: status 0.1
07-13-10 e-mail from City Atty re: final order 0.1
07-13-10 e-mail request to Pers. Dir. for copy of Final Order of PB 0,1
07-13-10 receive and review PB Final Order & forward to client 0.2
07-13-10 e-mail from client re: status 0.1
07-15-10 e-mail Final Order to City Atty 0.1
07-27-10 e-mail to City Atty demanding compliance 0,1
07-27-10 e-mail reply from City Atty re: compliance 0.1
08-03-10 e-mail Final Order to Com. Holmes 0.1
08-30-10 e-mail from City Atty re: meeting w/client and City Mgr. 0.1
09-03-I0 e-mail from City Atty requesting phone call 0,1
09-03-10 tel. conf w/City Atty 0.2
09-03-10 research and begin prep. of suit 2.0
09-10-10 final prep. of complaint&tile • 2.0
09-10-10 e-mail complaint to Mayor 0.1
09-10-10 e-mail complaint to City Atty 0.1
10-04-10 a-mall from City Atty re:service of complaint 0.1
1004-10 e-mail reply to City Atty confirming service 0.1
10-04-10 e-mail request from City Attorney for additional time for response 0.1
10-08-10 e-mail request to City Atty for response to complaint 0.1
10-08-10 a-inall reply from City Atty re: response to complaint 0,1
10-14-10 e-mail to City Any requesting response to complaint 0.1
10-14-10 e-mail response from City Atty re: response to complaint 0.1
10-26-10 e-mail to City Atty requesting response to complaint 0.1
10-26-10 research prep. &serve P1's Emergency Motion for Injunction 1.6
10-26-10 c-mail from City Atty re: response to complaint 0.1
10-26-10 c-mail from City Atty re: promising mot. to dismiss 0.1
10-26-10 receive faxed Motion to Dismiss& review 0.3
10-28-10 tel. conf. w/JA for hrg. date 0.2
10-28-10 prep. &serve Notice of Hearing for special set 11/18 0.2
Page 2 of 4
CASE NO. 10-49415-CA-02
10-28-10 e-mail from client re:hearing 11/18 0.1
11-17-10 e-mail from City Atty re:court reporter for hrg. 11/18 0.1
11-17-10 reply e-mail to City Atty 0,1
11-17-10 e-mail from City Atty re: court reporter 0,1
11-17-10 reply e-mail to City Atty 0,1
11-18.10 prep. for&attend w/client HEARING on temp. inj. 2.6
11-19-10 e-mail from City Atty requesting phone call 0,1
11-19.10 tel. conf, w/City Any 0.2
11-23-I 0 prep. &serve Amended Complaint 1.2
12-08-10 e-mail from City Atty advising cancellation of hearing 12/09/10 0.1
12-08-10 c-mail to client re: cancellation of hrg. 12/09/10. City Mgr. on cruise 0.1
12-08-10 e-mail from client re:cancellation 0,1
12-08-10 e-mail from City My re:cancellation 0.1
12-09-10 prep. &serve Itr. to Court 0.3
12-15-10 receipt& review of Orders denying injunction& to re-set hrg. 0,1
01-13-11 prep. &serve motion for default ¬. hrg. 0,3
01-13-11 e-mail from City Atty re; default 0,1
01-13-11 receive & review City's Answer/mot. to dismiss 0.2
01-15-11 e-mail to client requesting 2010 W-2 0.1
01.17-11 research, prep. & serve Pl's Reply to Affirm. Defenses 2.0
02.17.11 prep. &serve Demand for Jury Trial 0,2
01-18-11 receive & review Riley's Answer/Cross-claim 0.2
01-25-11 prep. &serve Pl's Request for Production 0.3
01-27-11 receive e-mail from client re: 2010 W-2 0.1
01-27-11 . reply c-mail to client 0,1
02-07-11 receipt&review of Pre-trial order,calendar dates 0.2
02-08-11 research, prep. &serve Pl's Motion for Summary Judgment 3.0
02-09-11 receipt&review of pre-trial order;e-mail to client 0.2
03-07-11 receipt& review of Def's response in opposition w/attachments 0.6
03-09-11 prep. transmittal letter to court wl attachments 0.2
03-09-11 e-mail to client re: s.j. hrg. 3/10 0.1
03-10-11 prep. for and attend w/client HEARING on s.j. 2.8
03-10-11 c-mail to Riley 0.1
03-10-11 prep. proposed final judgment&e-mail to parties 0.3
03-14-11 e-mail from City Atty re: tel, call 0.1
03-16-11 prep. transmittal hr. to court w/FJ and envelopes 0.2
03-16-II e-mail acknowledgment from City Atty 0.1
03-18-11 research, prep. & serve Pl's Motion for fees/costs 2,8
03-22-11 e-mail to client re:status 0.1
03-22-11 e-mail to City Atty re:requesting intentions to pay 0.1
03-22-11 e-mail to City Atty Pi's Motion for Fees/costs 0.1
03-23-11 prep. &serve Ally Fee Affidavit 1,0
04-01-11 prep. &serve not.hrg. 0.2
04-04-11 prep. &serve Response to 1)cfs' mot, rehearing/clarification 0.6 .
04-08-11 prep. &serve re-not. hrg. 0.2
Page 3 of 4
CASE NO. 10.49415-CA-02
04-20-11 prep, et serve mot. vacate auto stay 0.6
04-20-11 prop. &serve supp, not. hrg. 0.1
04-27-11 prop.for&attend HEARING on mot. re-hearing/clarification
Total hours: 13.3
Al3iant incurred costs of$401.00(tiling)and$120.00(service on 3) for a total of$$71.Q0a
FURTHER AFFIANT SAYETFI NAUGHT.
JAMES U. GREASON,AFFIANT
SWORN AND SUBSCRIBED before me this day of April,2011.
Notary Public. State of Florida
My commission expires:
Personally known ( ]/I D produced:
Page 4 of 4
IN THE CIRCUIT COURT OF THE
11711 JUDICIAL CIRCUIT OF FLORIDA
iN AND FOR MIAMi-DADE COUNTY
CIRCUIT CiVil. 1)1 VISION
LINDA I-IOLMi:S I3RACY, CASE NO. 10-49415-CA-02
Plaintiff,
v.
CITY OF OPA-LOCKA,et al.,
Defendants,
SUPPLEMENTAL FEE AFFIDAVIT
THE STATE OF FLORIDA
SS
COUNTY OF MIAMi-DADE
BEFORE ME, the undersigned authority, personally appeared James H. Greason, Esq.,
who, upon oath or affirmation, swore and deposed he has expended the following attorney time
herein pursuing Plaintiff's claim for unpaid wages after April 27,2011;
0S-02-11 serve/file fee aff, 0.1
05-04-11 e-mail to atty to clear clate/time 0.1
05-09-11 a-mall to/from atty re: settlement 0.1
05-10-11 obtain hearing date/time;prep. &serve notice 0.2
05-12-11 receipt of settlement offer;conf. w/client 0,2
05-13-11 e-mail to client confirming date 6/30 0.1
05-16-11 e-mail to atty rejecting offer 0.1
05-20-11 a-nails to/from atty re: settlement 0.2
06-08-11 a-mall from client advising no reinstatement of pay 0.1
e-mail to city any re: status 0.1
06-08-1 I presentation at City Commission Meeling 1.5
06-12-11 obtain certified.copy of Resolution ordering reinstatement w/backpay 0,1
prep./serve/file Notice of.filing resolution 0.2
06-16.11 a-mails to/front city arty re: when pay will be reinstated 0,1
06-20-11 prep. & serve supp. Potion for Mandamus 1.0
prep. &serve tundndeci notice of hearing 0.1
06-22-11 e-mail from city arty requesting deferral of backpay 0.1
06-22-11 e-mails to/from client re; offer 0,2
06-23-11 e-mail to ally re:affidavits or live exports for hearing 0.1
Page 1 of 2
CASE NO. 10-49415-CA-02
06-24-11 2d a-mail re; affidavits or experts 0.1
06-27-11 c-mall from city any re: conf. 0.1
06-28-11 e-mail from city any re: fee hearing 0.1
06-28-11 c-mails to/from client re: hearing 0.2
06-29-11 prep. &serve not. partial cancellation of hrg. 0.1
06-30-11 prep. &serve mot. substitution; prep. order of substitution of party 0.3
06-30-1 I e-mails to/from any re: supp.complaint 0,2
06-30.11 attend hearing on mot.to file supp.complaint 1.0
07-01.11 e-mail from client re: case status 0.1
07-11-11 prep. &serve not. hearing on mot. mandamus 0.2
07-14-11 e-mail to client re:pay status 0.1
07-1 S-11 e-mail from client re: pay status 0.1
07-19-11 e-mail from client inquiring status ofease 0.1
07-20-11 e-mail from client advising no change in pay 0,1
07-21-11 a-mails to/from any;tel.cont. w/city atty 0.2
07-22-11 receipt& review of clefs'response to petition&e-mail from atty 0,2
•
07-24-11 prep. &serve not. cancellation of hearing 7/25/11 0.2
07-26-11 review check for back pay;a-mails to/from client 0.4
07-28-11 prep, &serve not, hrg. 9/08;confirm date with JA 0.3
08-09-11 prep. &serve not..hrg. 8/24 0.2
08-17-11 prep, &serve via e-mail stip to use of affidavits 0.2
08-18-11 a-mails to/from city any re: fee hearing 0.2
08-29-11 e-mail to atty re:fee bearing&stipulation 0.1
08-30-11 c-mails-to/from atty re: stip 0.1
Hours post 4/27/11 9.7
Hours to 4/27/11 43,3
TOTAL TO DATE
Affiant incurred costs of$401.00(filing)and$120.00(service on 3)for a total of$521.00,
FURTHF?R AFFIANT SAYETFI NAUGHT,
JAMES H. (REASON, AFFIANT
SWORN ANI) SUBSCRIBED before me this day of August, 2011.
Notary Public, State of Florida
My commission expires:
Personally known f )/I D produced:_.___,__
_.._....—
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