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Home My Public Portal About18-9446 Approving Early Mediation w/Ellen Leesfield in Georee Suare vs The city of Opa-lockaz Sponsored by: City Attorney RESOLUTION NO. 18-9446 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RETROACTIVELY APPROVING EARLY MEDIATION WITH MEDIATOR ELLEN LEESFIELD IN GEORGE SUAREZ ET AL VS. CITY OF OPA-LOCKA AT A COST NOT TO EXCEED $1800.00; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 26, 2017, the City of Opa-Locka ("City") was served with a class action lawsuit; and WHEREAS, the The Brown Law Group, LLC is providing representation to the City in George Suarez et al. vs City of Opa-Locka, Florida, Case Number 2017-008285-CA-01 and filed a Motion to Dismiss or in the Alternative Early Mediation; and WHEREAS, the parties attended an early mediation that occurred on December 12, 2017 with Mediator Ellen Leesfield and continued to December 28, 2017 at a cost of $1800.00; and WHEREAS, the City Commission finds that it was in the best interest of the City to attend an early mediation which may result in reducing additional litigation costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission retroactively approves early mediation with mediator Ellen Leesfield in George Suarez et al vs. City of Opa-Locka at a cost not to exceed $1800.00. SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Resolution No. 18-9446 Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 10th day of January, 2018. 7"-m- AM/ Myra . Taylor Mayor Attest to: Approved as to form and legal sufficiency: Joa a Flores BROWN LAW GROUP, LLC Cit Clerk City Attorney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER RILEY Commissioner Vote: 5-0 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: YES Filing # 64599096 E-Filed 11/27/2017 01:39:46 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 17-8285 CA 43 Complex Business Litigation Unit GEORGE SUAREZ; TANIA SUAREZ; ROSCOE PENDLETON; ADEL RAAD; CHARAF RAAD; STEVEN BARRETT; NATASHA ERVIN; TAXES BY NATASHA ERVIN, a Florida Corporation; and ALFONSO J. ERVIN, III, Plaintiff(s), vs. CITY OF OPA-LOCKA, FLORIDA, a municipal Corporation, Defendant(s). NOTICE OF MEDIATION PLEASE TAKE NOTICE that mediation has been set as follows: MEDIATOR: ELLEN LEESFIELD LOCATION: 201 Alhambra Circle, Suite 1205 Coral Gables, FL 33134 (305) 487-7490 DATE: Tuesday, December 12, 2017 TIME: 10:00 am THE UNDERSIGNED HEREBY CERTIFIES that a true and correct copy of the foregoing has been furnished via electronic mail on this 27th day of November, 2017, to all parties of record. Respectfully submitted, ELLEN LEESFIELD, MEDIATOR Email: ellen(aellenleesfield.com adrellenleesfield.com E-Mail: ellen4ellenleesfield.com Assistant: adr ellenleesfield.com Web:www.ellenleesfield.com 201 Alhambra Circle, Suite 1205, Coral Gables, FL 33134-5107 Tel: 305.487.7490 Direct: 786.304.1595 Ellen I_,eesf eld Former Circuit Court Judge Mediator•Arbitrator• Litigation Consultant November 27, 2017 Counsel for Plaintiff: Counsel for Defendant Michael A. Pizzi, Jr., Esq. Vincent T. Brown, Esq. Michael A. Pizzi, Jr., P.A. The Brown Law Group, LLC 6225 Miami Lakes Drive, Ste 313 847 NW 119th Street, Ste 202 Miami Lakes, FL 33014 Miami, FL 33168 T: 305-777-3800 T: 305-688-7500 mpizzipizzilaw.com vtblaw(a�bellsouth.net; vbrown(ir)Opalockafl.gov; Benedict P. Kuehne, Esq. vincentv-law.net Michael T. Davis, Esq. Kuehne Davis Law, P.A. 100 SE 2nd Street, Ste 3550 Miami, FL 33131 T: 305-789-5989 Ben.kuehneakuehnelaw.com mdavisakuehnelaw.com Re: George Suarez; Tania Suarez; Roscoe Pendleton; Adel Raad; Charaf Raad; Steven Barrett; Natasha Ervin; Taxes By Natasha Ervin, A Florida Corporation; And Alfonso J. Ervin, Ill vs. City of Opa-Locka Case No.: 17-8285 CA 43 (Complex Business Litigation Unit) Dear Counselors: Thank you for requesting that Ellen Leesfield mediate the above-referenced matter. The mediation has been scheduled for Tuesday, December 12, 2017 at 10:00 am. The mediation will take place at 201 Alhambra Circle, Suite 1205, Coral Gables, FL 33134. Judge Leesfield would appreciate you providing whatever written material you have that will help her fully understand the facts, circumstances and nuances of this dispute. This may include a confidential written statement or summary and/or relevant pleadings. Please provide this information no later than five (5) days prior to mediation, by e-mail to Judge Leesfield at ellenaellenleesfield.com. Please forward a copy to me as well at adr( ellenleesfield.com. Judge Leesfield may contact you prior to the mediation to conduct a confidential pre- mediation telephone conversation. Please provide me with a good time and date to do this; please include a cell phone or direct line number so that she may call after 5:00 pm, if necessary. Judge Leesfield's hourly rate for the mediation is $500.00, to be divided equally among the parties. Preparation time, telephone calls and travel time are billed in the same manner as attendance at the mediation. A four-hour minimum deposit, or$1,000.00 per party, is required. If the mediation session exceeds the deposit amount, payment of the balance of the fee is due at the conclusion of the session. Please bring a blank check that is made payable to Ellen Leesfield, P.A. Each party and its Counsel agree to be jointly and severally responsible for their half portion payment of the mediation fees, including minimum fee requirements, which are fully due prior to, or on, the scheduled mediation date. E-Mail: ellen(aellenleesfield.com Assistant: adr(c�ellenleesfield.com Web: www.ellenleesfield.com 201 Alhambra Circle, Suite 1205, Coral Gables, FL 33134-5107 Tel: 305.487.7490 Direct: 786.304.1595 There is no fee charged for cancellations or rescheduling except within 5 (five) business days of the mediation. Should this mediation be rescheduled or cancelled within 5(five)business days of the scheduled commencement time, a fee of four (4) hours must be billed if no other matter can be scheduled in its place. Please sign where indicated below as your acknowledgement of the terms of the mediation. You may then either scan and return to adr(cr�ellenleesfield.com or mail with your deposit to: Ellen Leesfield, P.A. 201 Alhambra Circle, Suite 1205 Coral Gables, FL 33134 Conduct or statements made in the course of mediation proceedings constitute "conduct or statements made in compromise negotiations" within the meaning of Rule 408 of the Federal Rules of Evidence, and no evidence inadmissible under Rule 408, shall be admitted or otherwise disclosed to the court. (a) Protection of Information Disclosed at Mediation. The mediator and the participants in mediation are prohibited from divulging, outside of the mediation, any oral or written information disclosed by the parties or by witnesses in the course of the mediation. No person may rely on or introduce as evidence in any arbitral, judicial or other proceeding, evidence pertaining to any aspect of the mediation effort, including but not limited to: (A)views expressed or suggestions made by a party with respect to a possible settlement of the dispute; (B) the fact that another party had or had not indicated a willingness to accept a proposal for settlement made by the mediator; (C)proposals made or views expressed by the mediator; (D) statements or admissions made by a party in the course of the mediation; and (E) documents prepared for the purpose of, in the course of, or pursuant to the mediation. In addition, without limiting the foregoing, Rule 408 of the Federal Rules of Evidence, any applicable federal or state statute, rule, common law or judicial precedent relating to the privileged nature of settlement discussions, mediations or other alternative dispute resolution procedures shall apply. Information otherwise discoverable or admissible in evidence does not become exempt from discovery, or inadmissible in evidence, merely by being used by a party in the mediation. (b)Discovery from Mediator. The mediator shall not be compelled to disclose to the Court or to any person outside the mediation conference any of the records, reports, summaries, notes, communications or other documents received or made by the mediator while serving in such capacity. The mediator shall not testify or be compelled to testify in regard to the mediation in connection with any arbitral,judicial or other proceeding, except if a dispute arises regarding the failure of a party to attend a mediation, if a party attends a mediation without requisite settlement authority. Nothing contained in this paragraph shall prevent the mediator from reporting the status, but not the substance, of the mediation effort to the Court in writing,from filing a final report as required herein, or from otherwise complying with the obligations set forth in this Local Rule. (c) Protection of Proprietary Information. The parties, the mediator and all mediation participants shall protect proprietary information. (d) Preservation of Privileges. The disclosure by a party of privileged information to the mediator does not waive or otherwise adversely affect the privileged nature of the information. If you need any special items,such as a translator or special accommodations as provided for by the Americans with Disabilities Act, please let the office know in advance. E-Mail: ellenna ellenleesfield.com Assistant: adr(a..ellenleesfield.com Web: www.ellenleesfield.com 201 Alhambra Circle, Suite 1205, Coral Gables, FL 33134-5107 Tel: 305.487.7490 Direct: 786.304.1595 E1 i(11 LC'C'S1( 1(1 II !41)8 p i= Former Circuit Court Judge Mediator•Arbitrator• Litigation Consultant Yours truly, Christina Pons Assistant to Ellen Leesfield ACKNOWLEDGMENT: Signature Printed: Date: E-Mail: ellen(cellenleesfield.com Assistant: adr(a�ellenleesfield.com Web:www.ellenleesfield.com 201 Alhambra Circle, Suite 1205, Coral Gables, FL 33134-5107 Tel: 305.487.7490 Direct: 786.304.1595 ElICH I ,CCsfiC1(1 o .....-1Al>I-t. Former Circuit Court Judge Mediator Arbitrator Litigation Consultant December 12, 2017 Counsel for Plaintiff: Counsel for Defendant Michael A. Pizzi, Jr., Esq. Vincent T. Brown, Esq. Michael A. Pizzi, Jr., P.A. The Brown Law Group, LLC 6225 Miami Lakes Drive, Ste 313 847 NW 119th Street, Ste 202 Miami Lakes, FL 33014 Miami, FL 33168 T: 305-777-3800 T: 305-688-7500 mpizzi @pizzilaw.com vtblaw(a�bellsouth.net; vbrown(a�Opalockafl.gov; Benedict P. Kuehne, Esq. vincent(a v-law.net Michael T. Davis, Esq. Kuehne Davis Law, P.A. 100 SE 2nd Street, Ste 3550 Miami, FL 33131 T: 305-789-5989 8en.kuehne(a�kuehnelaw.com mdaviskuehnelaw.com Re: George Suarez; Tania Suarez; Roscoe Pendleton; Adel Read; Charaf Raad; Steven Barrett; Natasha Ervin; Taxes By Natasha Ervin, A Florida Corporation; And Alfonso J. Ervin, III vs. City of Opa-Locka Case No: 17-8285 CA 43 (Complex Business Litigation Unit) ELL Rate: $500/hr. RE: Mediation 3/29/16 DATE RATE HOURS 1 AMOUNT 12/11/17 I Review summary, complaint $500.00 0.5 $250.00 12/11/17 Pre-mediation Conversation with both $500.00 0.5 $250.00 counsel 12/12/17 mediation $500.00 6.2 $3,100.00 TOTAL:71 7.2 ; $3,600.00 AMOUNT DUE FROM PLAINTIFF: $1,800.00 -- — 12/12/17 Payment Received Via CC #Ou5W ($1,800.00)_ OUTSTANDING BALANCE OWED BY $0.00 PLAINTIFF: AMOUNT DUE FROM DEFENDANT: , $1,800.00 12/11/17 Deposit Received Via Credit Card #rfBq ($1,000.00) 1/4/18 Payment received via Credit Card #MJR3 ($800.00) OUTSTANDING BALANCE OWED BY $0.00 DEFENDANT: ! E-Mail: elien@ellenleesfield.corn Assistant: dr(delienleesfield_com Web: www.ellenleesfie.ld..oni 201 Alhambra Circle, Suite 1205, Coral Gables, FL 33134-5107 Tel: 305.487.7490 Direct: 786.304.1595 1711 � |/e|l Lee. ~/xe��/ 1��/(� Former Circuit Court Judge Mediator Arbitrator Litigation Consultant r --- --��----- --___-_-_- .-_ Please make all checks p------- �---- -----�------- ---- �V��|ehmEUmnLLegafie|d. P.A.' -- TAX ID #46-1832727 --- --�-----------------� --- ___- — ___��______ E-Mail: elAenMe|len Assistant: adrOellenleestaeld.com VVob: www.e||a 201 Alhambra Circle, Suite 1205, Coral Gables, FL 33134-5107 Tel: 305.487.7490 Direct: 786.304.1595